Common use of Statements to Securityholders Clause in Contracts

Statements to Securityholders. On each Servicer Remittance Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following information: 1. the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished pursuant to clauses (1) through (3) above, the amounts shall be expressed as a dollar amount per Single Security. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Prudential Securities Secured Financing Corp)

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Statements to Securityholders. On each Servicer Remittance Determination Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward provide to the Indenture Trustee by overnight mail (with a computer readable magnetic tape copy to each Rating Agency and each Paying Agent (if any)) for the Indenture Trustee to forward to, or diskette make available to, each Noteholder of such report. Both reports record as of the most recent Record Date and to the Owner Trustee (with a copy to each Paying Agent (if any)) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date a "Remittance Report") shall contain statement in electronic format acceptable to the Indenture Trustee substantially in the form of Exhibit B setting forth at least the following informationinformation as to the Securities to the extent applicable: 1. (a) the amount of the payment to be made on such Payment Date collections received with respect to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer Receivables during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount allocable to be distributed as a prepayment each Class of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account Notes on such Payment Date; 7. (b) the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. collections received with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) Receivables during the related Collection Period and (v) of the Indenture, the amount, if any, allocable to principal and the amount interest allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made each Class of Notes on such Payment Date; 10. (c) the Delinquency Percentage Outstanding Amount of each Class of Notes, the Note Pool Factor for each such Class as of the close of business on the related Payment Date, after giving effect to payments allocated to principal reported under clause (a) above; (d) the amount of the Servicing Fee paid to the Servicer and the amount of any fees payable to the Owner Trustee, the Custodian or the Indenture Trustee with respect to the related Collection Period; 11. (e) the Cumulative Loss Percentage for amount of any interest carryover shortfall on such Payment Date and the change, if any, in such amounts from those with respect to the immediately preceding Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii(f) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance amounts of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the numberRealized Losses, aggregate principal balanceif any, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Propertyrelated Collection Period; 17. (g) the book value of any REO Property Pool Balance as of the close of business on the last Business Day day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to payments allocated to principal reported under clause (a) above; (h) the distributions balance of the Reserve Account on the related Determination Date after giving effect to deposits and withdrawals to be made on such Payment Date; 22. , if any; (i) the Note Factor for each such Class amount of Notes applicable any deposit to the Reserve Account and the amount and application of any funds withdrawn from the Reserve Account with respect to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished pursuant to clauses (1) through (3) above, the amounts shall be expressed as a dollar amount per Single Security. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (BMW Vehicle Owner Trust 2006-A)

Statements to Securityholders. (a) On each Servicer Remittance Distribution Date, the Servicer Owner Trustee shall deliver include with each distribution to the Trusteach Certificateholder, and the Indenture TrusteeTrustee shall include with each distribution to each Noteholder, the Insurer and the Rating Agencies by telecopy a statement (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or which statement shall also be provided to the Rating Agencies, as ) based on (subject to the case may be, may agree from time last sentence of this paragraph (a)) information in the Servicer's Certificate furnished pursuant to time) a report prepared by Section 3.10. Each such statement shall set forth the Servicer following information as to the distributions Notes with respect to be made on such Distribution Date or the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following informationpreceding Monthly Period, as applicable: 1. (i) the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes distribution allocable to principal (separately indicating the amount interest on or with respect to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interestNotes; 3. (ii) the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Aggregate Receivables Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day day of such Monthly Period; (iii) the calendar month preceding the Payment amount of Outstanding Monthly Advances with respect to all Receivables on such Distribution Date; 18. (iv) the aggregate amount of Principal Prepayments made during the Total Servicing Fee paid or payable to the Servicer with respect to the related Collection Monthly Period; 19. (v) the aggregate amount of Realized Aggregate Losses incurred during for the related Collection Monthly Period; 20. (vi) the aggregate Delinquency Percentage for the related Monthly Period; (vii) the sum of all Administrative Purchase Payments and all Warranty Payments made for the related Monthly Period; (viii) the amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Datedistribution allocable to principal of each class of Notes; 21. (ix) the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 the Note Pool Factor for each class of Notes, each after giving effect to all payments reported under (viii) above on such date; (x) the amounts, if any, paid to the Servicer or distributed to Noteholders from amounts on deposit in the Reserve Account plus amounts in respect thereof to be distributed to each class of Noteholders as a prepayment of principal (expressed as a dollar amount per $1,000 of Initial Principal Balance); (xi) the amount of the Class A Noteholders' Interest Carryover Shortfall, the Noteholders' Principal Carryover Shortfall and the Class B Noteholders' Interest Carryover Shortfall if any, and the change in such amounts from the preceding Distribution Date; and (xii) the balance (if any) of the Reserve Account on such date, after giving effect to the distributions to be distributions, withdrawals, transfers and deposits made on such Payment Date; 22. date, and the Note Factor for each change in such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect balance from that of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment prior Distribution Date; 24. the aggregate Each amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished set forth pursuant to clauses (1i), (iv), (viii), (x) through and (3xi) above, the amounts above shall be expressed as a dollar amount per Single Security$1,000 of initial Note Principal Balance. In lieu of preparing and delivering a separate statement to Securityholders pursuant to this Section, a Trustee may deliver a copy of the Servicer's Certificate furnished pursuant to Section 3.10. (b) Within a reasonable the prescribed period of time for tax reporting purposes after the end of each calendar yearyear during the term of this Agreement, the Servicer shall furnish to the Indenture Trustee, prepare and execute and the Indenture Trustee and the Owner Trustee shall forward mail to each Person who at any time during the such calendar year was shall have been a Holder holder of a Note (a) Notes or Certificates, respectively, and received any payments thereon, a statement prepared and supplied by the Servicer containing the information amounts set forth in each of clauses (1i), (iv), (viii), (x) through and (3) abovexi), aggregated for such calendar year or applicable portion thereof during which or, if such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer Person shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements a Securityholder during a portion of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or and received any payments thereon, for the applicable portion thereof during which of such Person was a Certificateholder. Upon requestyear, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense Securityholder's preparation of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerfederal income tax returns.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Navistar Financial Retail Receivables Corporation)

Statements to Securityholders. (a) On each Servicer Remittance Distribution Date, the Servicer Owner Trustee shall deliver include with each distribution to the Trusteach Certificateholder, and the Indenture TrusteeTrustee shall include with each distribution to each Noteholder, the Insurer and the Rating Agencies by telecopy a statement (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or which statement shall also be provided to the Rating Agencies, as ) based on (subject to the case may be, may agree from time last sentence of this paragraph (a)) information in the Servicer's Certificate furnished pursuant to time) a report prepared by Section 3.10. Each such statement shall set forth the Servicer following information as to the distributions Notes with respect to be made on such Distribution Date or the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following informationpreceding Monthly Period, as applicable: 1. (i) the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes distribution allocable to principal (separately indicating the amount interest on or with respect to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interestNotes; 3. (ii) the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Aggregate Receivables Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day day of such Monthly Period; (iii) the calendar month preceding the Payment amount of Outstanding Monthly Advances with respect to all Receivables on such Distribution Date; 18. (iv) the aggregate amount of Principal Prepayments made during the Total Servicing Fee paid or payable to the Servicer with respect to the related Collection Monthly Period; 19. (v) the aggregate amount of Realized Aggregate Losses incurred during for the related Collection Monthly Period; 20. (vi) the aggregate Delinquency Percentage for the related Monthly Period; (vii) the sum of all Administrative Purchase Payments and all Warranty Payments made for the related Monthly Period; (viii) the amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Datedistribution allocable to principal of each class of Notes; 21. (ix) the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 the Note Pool Factor for each class of Notes, each after giving effect to all payments reported under (viii) above on such date; (x) the amounts, if any, paid to the Servicer or distributed to Noteholders from amounts on deposit in the Reserve Account plus amounts in respect thereof to be distributed to each class of Noteholders as a prepayment of principal (expressed as a dollar amount per $1,000 of Initial Principal Balance); (xi) the amount of the Class A Noteholders' Interest Carryover Shortfall, the Noteholders' Principal Carryover Shortfall and the Class B Noteholders' Interest Carryover Shortfall if any, and the change in such amounts from the preceding Distribution Date; (xii) the balance (if any) of the Reserve Account on such date, after giving effect to distributions, withdrawals, transfers and deposits made on such date, and the change in such balance from that of the prior Distribution Date; (xiii) the Negative Carry Amount and the balance, if any, of the Negative Carry Account on such date, after giving effect to the distributions to be withdrawals made on such Payment Datedate; 22. (xiv) for Distribution Dates during the Note Factor Funding Period, the Starting Receivables Balance of all Subsequent Receivables transferred to the Owner Trustee since the preceding Distribution Date, the remaining Pre-Funded Amount and the Investment Earnings on amounts on deposit in the Pre-Funding Account (if any) for each such Class of Notes applicable to such Payment Date;the related Monthly Period; and 23. (xv) for the Interest first Distribution Amount in respect Date occurring on or after the last day of the Class A Notes for such Payment Date and Funding Period, the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, remaining Pre-Funded Amount that has not been used to fund the extent not covered by payments by the Servicer pursuant to Section 3.26; 25purchase of Subsequent Receivables. the aggregate Each amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished set forth pursuant to clauses (1i), (iv), (viii), (x) through and (3xi) above, the amounts above shall be expressed as a dollar amount per Single Security$1,000 of initial Note Principal Balance. In lieu of preparing and delivering a separate statement to Securityholders pursuant to this Section, a Trustee may deliver a copy of the Servicer's Certificate furnished pursuant to Section 3.10. (b) Within a reasonable the prescribed period of time for tax reporting purposes after the end of each calendar yearyear during the term of this Agreement, the Servicer shall furnish to the Indenture Trustee, prepare and execute and the Indenture Trustee and the Owner Trustee shall forward mail to each Person who at any time during the such calendar year was shall have been a Holder holder of a Note (a) Notes or Certificates, respectively, and received any payments thereon, a statement prepared and supplied by the Servicer containing the information amounts set forth in each of clauses (1i), (iv), (viii), (x) through and (3) abovexi), aggregated for such calendar year or applicable portion thereof during which or, if such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer Person shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements a Securityholder during a portion of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or and received any payments thereon, for the applicable portion thereof during which of such Person was a Certificateholder. Upon requestyear, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense Securityholder's preparation of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerfederal income tax returns.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Navistar Financial Retail Receivables Corporation)

Statements to Securityholders. On each Servicer Remittance Payment Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward provide to the Indenture Trustee by overnight mail (with a computer readable magnetic tape or diskette copy to each Rating Agency), for the Indenture Trustee to forward to each Noteholder of such report. Both reports (record as of the 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 "Remittance Report") shall contain statement substantially in the form of Exhibit B, respectively, setting forth at least the following informationinformation as to the Securities to the extent applicable: 1. (i) the amount of the payment to be made on such Payment Date collections received with respect to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer Receivables during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount allocable to be distributed as a prepayment each Class of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account Notes on such Payment Date; 7. (ii) the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. collections received with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) Receivables during the related Collection Period and (v) of the Indenture, the amount, if any, allocable to principal and the amount interest allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made each Class of Notes on such Payment Date; 10. (iii) the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount Outstanding Amount of any Insurance Payment to be made to each Class A Noteholders on such Payment Dateof Notes, the amount of any reimbursement payment to be made to the Insurer on Note Pool Factor for each such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the numberClass, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day day of the calendar month preceding Collection Period, after giving effect to payments allocated to principal reported under clause (i) above; (iv) the amount of the Servicing Fee paid to the Servicer and the amount of any fees payable to the Owner Trustee, or the Indenture Trustee with respect to the related Collection Period; (v) the aggregate amounts of Realized Losses, if any, with respect to the related Collection Period; (vi) the balance of the Reserve Account on the related Determination Date after giving effect to deposits and withdrawals to be made on the relevant Payment Date, if any; (vii) the Pool Balance as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above; (viii) the amount of any deposit to the Reserve Account and the amount and application of any funds withdrawn from the Reserve Account, in each case with respect to such Payment Date; 18. (ix) the aggregate amount principal balance of Principal Prepayments made all Receivables that became Liquidated Receivables or Purchased Receivables during the related Collection Period; 19. (x) the aggregate amount principal balance and number of Realized Losses incurred during Receivables that are 30 to 60 days, 61 to 90 days, or 91 days or more delinquent as of the last day of the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, (xi) any Available Amounts Shortfall after giving effect to the distributions to be made payments on such Payment Date, and any change in such amounts from the preceding statement; 22. (xii) the Note Factor aggregate Purchase Amounts for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereofReceivables, if any, paid under the Policy that were purchased during or (in the event of a Deficiency Event) remaining unpaid following the distributions with respect to be made in respect of such Notes on such Payment DateCollection Period; 24. (xiii) the aggregate amount Principal Balance and number of all Receivables with respect to which the related Financed Vehicle was repossessed; (xiv) the aggregate Principal Balance and number of Receivables with respect to which the Servicer granted an extension; (xv) [the Required Yield Supplement Overcollateralization Amount for the next Collection Period;] and (xvi) any Prepayment Interest Shortfalls for such Payment Date, amounts distributed to the extent not covered by payments by Certificateholders. Each amount set forth on the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished pursuant to statement under clauses (1i) through and (3ii) above, the amounts above shall be expressed as a dollar amount per Single Security$1,000 of original principal balance of a Certificate or Note, as applicable. Within a reasonable period of time after The Indenture Trustee may make any such statement (and, at its option, any additional files containing the end of each calendar year, the Servicer shall furnish same information in an alternative format) available to the Indenture Trustee, and the applicable Noteholders via www.[_________].com. The Indenture Trustee shall forward have the right to each Person who at any time during change the calendar year was a Holder of a Note (a) a statement containing the information set forth way such statements are distributed in clauses (1) through (3) above, aggregated for order to make such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied distributions more convenient and/or more accessible to the extent that substantially comparable information shall be provided by the Servicer pursuant to above parties regarding any requirements of the Code as from time to time are in force. On each Payment Datesuch changes; provided, the Indenture Trustee shall forward to the Trusthowever, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerwill also mail copies of any such statements to any requesting Noteholder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Hyundai Abs Funding Corp)

Statements to Securityholders. (a) On each Servicer Remittance Distribution Date, the Servicer shall deliver to the Trust, (i) the Indenture TrusteeTrustee shall include with each distribution to each Noteholder of record as of the related Record Date and (ii) the Owner Trustee shall include with each distribution to each Certificateholder of record as of the related Record Date a statement, prepared by the Insurer and Master Servicer, based on the Rating Agencies by telecopy (information in the Distribution Date Statement furnished pursuant to Section 4.09, setting forth for such Distribution Date the following information as of the related Record Date or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating AgenciesDistribution Date, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following information: 1. (i) the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes distribution allocable to principal (stated separately indicating the amount to be paid as a prepayment for each Class of principal pursuant to Section 8.3(g) of the IndentureNotes); 2. (ii) the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes distribution allocable to interest; 3. the aggregate amount interest (stated separately for each Class of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the IndentureNotes); 6. (iii) the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Aggregate Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day day of such Due Period; (iv) the amount of the calendar month Servicing Fee paid to the Master Servicer with respect to the related Due Period; (v) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding the Payment Distribution Date; 18. (vi) the aggregate amount Note Pool Factor for each Class of Principal Prepayments made during the related Collection Period; 19. the aggregate amount Notes as of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the such Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to payments allocated to principal reported under clause (i) above; (vii) the Certificate Distributable Amount; (viii) the amount on deposit in the Spread Account on such Distribution Date, after giving effect to distributions to be made on such Payment Distribution Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date , and the respective portions thereof, if any, paid under change in such balance from the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment immediately preceding Distribution Date; and 29. (ix) the amount of the distribution to be made Optional Repurchase Payment payable on such Payment Date to the Holders of the CertificatesDistribution Date. In the case of information furnished Each amount set forth pursuant to clauses subclauses (1i), (ii), (iv) through or (3v) above, the amounts above shall be expressed as a dollar amount per Single Security. $1,000.00 original principal amount of a Note. (b) Within a reasonable period of time after the end of each calendar year, but not later than the Servicer shall furnish to the Indenture Trusteelatest date permitted by law, and the Indenture Trustee shall forward mail to each Person who at any time during the such calendar year was shall have been a Holder of a Note (a) a statement containing or statements, prepared by the information Master Servicer, which in the aggregate contain the sum of the amounts set forth in clauses (1i), (ii), (iv) through and (3v) above, aggregated above for such calendar year or or, in the event such Person shall have been a Holder of a Note during a portion of such calendar year, for the applicable portion thereof during which of such person was a Noteholder and (b) year, for the purposes of such information contained in the Remittance Reports as required to enable the Holders Noteholder's preparation of the Notes to prepare their federal income tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment DateIn addition, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Master Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward for distribution to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, at such time any other information necessary under applicable law for the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term preparation of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerincome tax returns.

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Receivables Corp)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by overnight mail or otherwise make available electronically at www.sfr.bankofny.com to each Certificateholder, Noteholder, the Enhancer, the Xxxxxitor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a computer readable magnetic tape or diskette of such report. Both reports statement setting forth the following information (each a the "Remittance ReportServicing Certificate") shall contain as to the following informationNotes and Certificates, to the extent applicable: 1. (i) the applicable Record Date, Determination Date and Payment Date; (ii) the aggregate amount of payments received with respect to the Mortgage Loans, including prepayment amounts; (iii) the Servicing Fee payable to the Servicer; (iv) the amount of any other fees or expenses paid, and the payment to be made on identity of the party receiving such Payment Date fees or expenses; (v) the aggregate amount of (a) Interest Collections, (b) Principal Collections, (c) Substitution Adjustment Amounts and (d) Excess Spread, for the related Collection Period; (vi) the amount paid as principal to the Holders Noteholders of each Class of Class A Notes allocable to principal Notes; (separately indicating vii) the amount to be paid as a prepayment interest to the Noteholders of principal pursuant to Section 8.3(g) each Class of the Indenture); 2. Notes, the amount of any Interest Carry Forward Amount and the payment to be made on such amount of any Relief Act Shortfalls for the related Payment Date to the Holders of each class of Class A Notes allocable to interestDate; 3. (viii) the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amountinterest remaining unpaid, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect each of the related Payment DateNotes, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be payments made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii(ix) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Draw Amount, if any, for such Payment Date, the aggregate amount of prior draws on the Policy thereunder not yet reimbursed the amount paid to the Enhancer in reimbursement for prior draws; 28. (x) the Subordination Reduction Amountamount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Balance thereof; (xi) the aggregate Principal Balance of the Mortgage Loans as of the end of the related Collection Period; (xii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and greater than 180 days, respectively, (b) the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REO Property, in each case as of the end of the related Collection Period; provided, however, that such information shall not be provided on the statements relating to the first Payment Date; (xiii) the number and aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 3.15(a) herein during the related Collection Period; (xiv) the Net WAC Rate for the related Collection Period; (xv) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (xvi) the aggregate Note Balance of each Class of Notes and the Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Payment Date; (xvii) the balance of the Pre-Funding Account and Capitalized Interest Account, as of the end of the related Collection Period; (xviii) the Percentage Interest applicable to each of the Securities, after application of payments made on such Payment Date; (xix) the amount, if any, of the Yield Maintenance Payments for such Payment DateDistribution Date and any shortfall in amounts previously required to be paid under the Yield Maintenance Agreement for prior Distribution Dates; (xx) the Overcollateralization Amount as of the end of the related Collection Period; and 29. (xxi) the amount aggregate Principal Balance of the distribution to be made on such Payment Date Subsequent Mortgage Loans transferred to the Holders of Trust Estate during the Certificatesrelated Collection Period. In the case of information furnished pursuant to clauses (1vi) through and (3vii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate, as applicable, with a $25,000 denomination per Note and with a denomination equal to a 100% Percentage Interest per Certificate. Within If a reasonable period Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee a statement to such effect, including the nature of time after such Servicing Default. The Indenture Trustee, pursuant to Section 3.26 of the end Indenture, shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Servicing Default, including the nature thereof. Such statement may be included in, or separate from, the regular statement made available to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each calendar yearmonth to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.sfr.bankofny.com." Assistance in using the website can be obtained by xxxxxxx xxx Xxxxxxure Trustee's customer service desk at (800) 332-4550. Parties that are unable to use the above distribution options xxx xxxxxxxd to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website. (b) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture TrusteeTrustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Note Payment Account or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be deemed to be presumptively correct for all purposes hereunder, and the Owner Trustee and the Indenture Trustee shall forward to each Person who at be protected in relying upon the same without any time during independent check or verification. In addition, upon the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Indenture Trustee, Servicer to enable the Issuer to perform its federal and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerstate income tax reporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (GMACM Home Equity Loan Trust 2007-He2)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Servicer shall deliver forward the Servicing Certificate and a computer file containing mutually agreed upon loan level information to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, pursuant to Section 3.26 of the Insurer or Indenture, shall make such Servicing Certificate available to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agencies, as Agency. The Servicing Certificate shall set forth the case may be, may agree from time to time) a report prepared by the Servicer following information as to the distributions to be made on the related Payment Date Notes and shall forward Certificates, to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following informationextent applicable: 1. the amount of the payment to be made on such Payment Date to the Holders of (i) for each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment DateGroup, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances(a) Interest Collections, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. (b) Principal Collections (and, with respect to any reimbursement to be made Payment Date relating to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iiiManaged Amortization Period, Net Principal Collections) and (vc) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on Substitution Adjustment Amounts for such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. (ii) the amount of any Insurance Payment such distribution as principal to be made the Noteholders of each Class of Notes; (iii) the amount of such distribution as interest to the Noteholders of each Class A Noteholders on such Payment Dateof Notes, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made payable in respect of such Notes on such unpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase (iv) each Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; (v) the amount of such distribution to the Certificateholders; (vi) the aggregate Principal Balance of the Mortgage Loans in each Group as of the end of the preceding Collection Period; (vii) for each Group, the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days and 150-179 days, respectively, (b) the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information shall not be provided on the statements relating to the first Payment Date; 28. (viii) for each Group, the Subordination Reduction Amountnumber and aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 3.15(a) herein during such Collection Period; (ix) the Net WAC Rate for each Group for the related Collection Period; (x) prior to the second Determination Date following the commencement of the Rapid Amortization Period, if anythe aggregate amount of Additional Balances created during the previous Collection Period and conveyed to the Issuer prior to the commencement of such Rapid Amortization Period; (xi) for each Group, the aggregate Liquidation Loss Amounts with respect to the related Collection Period for each Group, the amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (xii) the aggregate Note Balance of each Class of Notes and the Certificate Balance of each Class of the Certificates after giving effect to the distribution of principal on such Payment Date; and; 29. (xiii) the amount balance of the distribution Pre-Funding Account, Funding Account, Capitalized Interest Account and Reserve Account as of the end of the preceding Collection Period; (xiv) the Percentage Interest applicable to be each of the Securities, after application of payments made on such Payment Date Date; (xv) the Overcollateralization Amount for each Group as of the end of the preceding Collection Period; and (xvi) the aggregate Principal Balance of Subsequent Mortgage Loans transferred to the Holders of the CertificatesTrust Estate for each Group. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityTerm Note, Variable Funding Note or Certificate, as applicable, with a $25,000 denomination and per Certificate with a denomination equal to a 100% Percentage Interest. Within If a reasonable period of time after Managed Amortization Event, a Rapid Amortization Event or a Servicing Default shall occur, on the end of each calendar yearBusiness Day following the related Determination Date, the Servicer shall furnish forward to the Indenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement to such effect, including, in the case of a Rapid Amortization Event or a Servicing Default, the nature thereof. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the monthly statement to Securityholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.abs.bankone.com". Assistance xx xxxxx xxx xxxxite can be obtained by calling the Indenture Trustee's customer service desk at (800) 524-9472. Parties that are xxxxxx xx xxx the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall forward have the right to each Person who at any time during change the calendar year was a Holder of a Note (a) a statement containing way the information set forth statements to Securityholders are distributed in clauses (1) through (3) above, aggregated for order to make such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied distribution more convenient and/or more accessible to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. (b) The Servicer shall forward to the Trust, Indenture Trustee any other information reasonably requested by the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the reports forwarded Indenture. Prior to the Class A Noteholders close of business on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Business Day next succeeding each Determination Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture TrusteeTrustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Note Payment Account, Reserve Account, Funding Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be deemed to be presumptively correct for all purposes hereunder, and the Owner Trustee and the Indenture Trustee shall forward to each Person who at be protected in relying upon the same without any time during independent check or verification. In addition, upon the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Indenture Trustee, Servicer to enable the Issuer to perform its federal and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerstate income tax reporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (Residential Asset Mortgage Products Inc)

Statements to Securityholders. (a) On or before each Servicer Remittance Payment Date, the Servicer Owner Trustee shall deliver (except as otherwise provided in the Trust Agreement) include with each distribution to the Trust, each Certificateholder to be made on such date and the Indenture TrusteeTrustee shall include with each distribution to each Term Noteholder and each Revolving Noteholder to be made on such date, the Insurer and the Rating Agencies by telecopy a statement (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or which statement shall also be provided to the Rating Agencies) prepared by the Servicer based on information in the Servicer’s Accounting furnished pursuant to Section 3.05 of the Pooling and Servicing Agreement. Except as otherwise set forth in the Officer’s Issuance Certificate with respect to any series of Notes, each such statement to be delivered to Securityholders shall set forth the following information concerning the Term Notes, the Revolving Notes or the Certificates, as appropriate, with respect to such Payment Date or the preceding Collection Period: (i) the amount, if any, of the distribution allocable to principal on the Term Notes and Revolving Notes and to the Certificate Balance; (ii) the amount, if any, of the distribution allocable to interest on or with respect to each series or class of Securities; (iii) the aggregate Outstanding Amount for the Term Notes, the Outstanding Amount of the Revolving Notes and the Certificate Balance, each as of such date and after giving effect to all payments reported under clause (i) above (or, in the case of any Revolving Notes during the Revolving Period, unless principal payments thereon are required on such Payment Date, as of the last day of such Collection Period); (iv) the amount of outstanding Servicer Advances on such date; (v) the amount of the Monthly Servicing Fee paid to the Servicer with respect to the related Collection Period or Periods, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following information: 1. the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. (vi) the amount of per annum interest rate for the payment to be made on such next Payment Date to the Holders of each Date, for any series or class of Class A Notes allocable to interestSecurities with a variable or adjustable interest rate; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(gvii) of the Indenture); 6. the amount, if any, by which withdrawn from or credited to each of the Scheduled Payments for SWIFT 2007-AE-1 Reserve Funds; (viii) the accumulated interest and principal shortfalls, if any, on each series or class of Securities and the change in each of such Payment Date exceeds amounts from the Available Distribution Amount expected to be on deposit in the Distribution Account on such preceding Payment Date; 7. (ix) the amount Trust Charge-Offs and Reallocated Principal Amounts allocated to each series or class of Monthly Advances to be made by Securities and the Servicer change in respect such amounts from the preceding Payment Date; (x) the balance of each of the related Payment DateSWIFT 2007-AE-1 Reserve Funds, the aggregate amount of Monthly Advances outstanding if any, on such date after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to changes therein or any reimbursement to be made to the Insurer distributions therefrom on such Payment Date pursuant to Sections 8.3(a)(iiidate; and (xi) and (v) the balance of the Indenture, the amounteach Accumulation Account, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments on such date after giving effect to the changes therein or any distributions to be made therefrom on such Payment Date;date. 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during Within the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished pursuant to clauses (1) through (3) above, the amounts shall be expressed as a dollar amount per Single Security. Within a reasonable prescribed period of time for tax reporting purposes after the end of each calendar yearyear during the term of this Agreement, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee and the Administrator shall forward furnish (or cause to be furnished), to each Person who at any time during the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements a holder of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder record of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Notes or Certificates, respectively, on and received any payment thereon, a statement containing such Payment Date. Within a reasonable period of time after information as may be required by the end Code and applicable Treasury Regulations to enable such Securityholder to prepare its federal income tax returns. (c) A copy of each calendar year, the Servicer shall furnish statement provided pursuant to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as Section 4.8(a) shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided made available for inspection at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the ServicerCorporate Trust Office.

Appears in 1 contract

Samples: Trust Sale and Servicing Agreement (Superior Wholesale Inventory Financing Trust 2007-Ae-1)

Statements to Securityholders. (a) On each Servicer Remittance Distribution Date, the Servicer shall deliver to the Trust, (i) the Indenture TrusteeTrustee shall include with each distribution to each Noteholder of record as of the related Record Date, and (ii) the Insurer and Trust Agent shall include with each distribution to each Certificateholder of record as of the Rating Agencies related Record Date, a statement, prepared by telecopy (the Servicer, based on the information in the Distribution Date Statement furnished pursuant to Section 3.09, setting forth for such Distribution Date the following information as of the related Record Date or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating AgenciesDistribution Date, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following information: 1. (i) the amount of the payment such distribution allocable to be made on such Payment Date to the Holders of principal (stated separately for each Class of Class A Notes allocable to principal and the Certificates), separately identifying the aggregate amount included therein of any (separately indicating the amount to be paid as a prepayment i) Full Prepayments of principal pursuant to Section 8.3(gon Precomputed Contracts and (ii) Full Prepayments and partial prepayments of the Indenture)principal on Simple Interest Contracts; 2. (ii) the amount of such distribution allocable to interest (stated separately for each Class of Notes and the payment Certificates) and the Notional Principal Amount on which the Class I Note Interest Distributable Amount will be calculated on the next succeeding Distribution Date (after giving effect to any application of Regular Principal Distributable Amount required to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenturedate); 6. (iii) the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, Note Percentage and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Certificate Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related such Collection Period; 19. (iv) the aggregate amount of Realized Losses incurred during Certificate Distributable Amount, the related Collection Period; 20. Class A Note Distributable Amount and the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account Class I Note Interest Distributable Amount for such Payment Distribution Date; 21. (v) the Class A-1 Note Principal BalancePremium payable to the Insurer; (vi) the amount to be on deposit in the Spread Account on such Distribution Date, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance before and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date deposits thereto and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions withdrawals therefrom to be made in respect of such Notes on such Payment Distribution Date; 24. (vii) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b); (viii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period; (ix) the amount of fees paid to the Owner Trustee, the Trust Agent and the Indenture Trustee, with respect to the related Collection Period; (x) the amount of any Prepayment Class A Note Interest Shortfalls for Carryover Shortfall, Class I Note Interest Carryover Shortfall, Class A Note Principal Carryover Shortfall, Certificate Interest Carryover Shortfall and Certificate Principal Carryover Shortfall on such Payment Date, Distribution Date and the change in such amounts from those with respect to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment immediately preceding Distribution Date; 26. (xi) the Required Subordinated Amount for such Payment Datenumber of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis; 27. (xii) the Subordination Increase Net Collections and the Policy Claim Amount, if any, for such Payment Distribution Date; 28. (xiii) the Subordination Reduction Amount, if any, aggregate amount of Liquidation Proceeds received for such Payment DateDefaulted Contracts; (xiv) the net credit losses and Cram Down Losses for the Collection Period; (xv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed; and 29. (xvi) the amount Pool Balance, the Class A Note Pool Factor for each Class of Class A Notes and the Certificate Pool Factor as of such Distribution Date after giving effect to the distribution to be made on such Payment Date to the Holders of the CertificatesDistribution Date. In the case of information furnished Each amount set forth pursuant to clauses subclauses (1i) through or (3ii) above, the amounts above shall be expressed as a dollar amount per Single Security. $1,000.00 of original principal amount of a Note or original Certificate Balance, as the case may be. (b) Within a reasonable period of time after the end of each calendar year, but not later than the latest date permitted by law, the Servicer shall prepare and furnish to the Issuer, the Indenture TrusteeTrustee and each Paying Agent, and the Indenture Trustee Paying Agent for the Notes and the Paying Agent for the Certificates shall forward furnish to each Person who at on any time Record Date during the such calendar year was shall have been a Holder of a Note (a) or a Certificate, respectively, a statement or statements containing the information sum of the amounts set forth in clauses (1i) through and (3ii) above, aggregated above for such calendar year or applicable portion thereof during which and such person was a Noteholder and (b) other information as is reasonably necessary for the preparation of such information contained Person's federal income tax return in the Remittance Reports as required to enable the Holders respect of the Notes to prepare their tax returns. Such obligation of or Certificates or, in the Servicer event such Person shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Note or a Certificate during a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for portion of such calendar year or year, for the applicable portion thereof during which of such Person was a Certificateholder. Upon requestyear, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports Noteholder's or information to be provided at the expense Certificateholder's preparation of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerfederal income tax returns.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by overnight mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain statement setting forth the following informationinformation as to the Notes and Certificates, to the extent applicable: 1. (i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificates; (ii) the amount of the payment to be made on such Payment Date distribution to the Holders Securityholders of each Class the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of Class A Notes allocable to principal (separately indicating the Accelerated Principal Distribution Amount and the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit deposited in the Distribution Funding Account on such Payment Date; 7. (iii) the amount of Monthly Advances such distribution to be made by the Servicer Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to overdue accrued interest; 9. Cumulative Insurance Payments after giving effect to (iv) the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed; (v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ________ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loans; (vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; PROVIDED, HOWEVER, that such information will not be provided on the statements relating to the first Payment Date; 28. (vii) the Subordination Reduction Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the _______ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period; (viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, if anyin each case as the end of the related Collection Period; and (ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account; (x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, for the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance; (xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date; (xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date; (xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and 29. (xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the distribution to be made Indenture on such Payment Date to the Holders of the CertificatesDate. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate with a $1,000 denomination. Within a reasonable period Prior to the close of time after business on the end of Business Day next succeeding each calendar yearDetermination Date, the Servicer shall furnish a written statement to the Indenture Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee shall forward setting forth (i) all the foregoing information, (ii) the aggregate amounts required to each Person who at any time during be withdrawn from the calendar year was a Holder of a Note (a) a statement containing Collection Account and deposited into the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (biii) such information contained in the Remittance Reports as required amounts (A) withdrawn from the Payment Account and deposited to enable the Holders Funding Account pursuant to Section 8.02(b) of the Notes Indenture and (B) withdrawn from the Funding Account and deposited to prepare their tax returns. Such obligation the Collection Account pursuant to Section 8.02(c)(i) of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided Indenture. The determination by the Servicer pursuant of such amounts shall, in the absence of obvious error, be presumptively deemed to any requirements of be correct for all purposes hereunder and the Code as from time to time are in force. On each Payment Date, the Owner Trustee and Indenture Trustee shall forward to be protected in relying upon the Trustsame without any independent check or verification. In addition, upon the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Indenture Trustee, Servicer to enable the Company to perform its federal and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerstate income tax reporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (Long Beach Securities Corp)

Statements to Securityholders. (a) On or prior to each Servicer Remittance Payment Date, the Servicer shall deliver provide to the Trust, Trustee and the Indenture Trustee, Owner Trustee (with a copy to the Note Insurer and the Rating Agencies by telecopy (or by such other means as Agencies) for the Servicer Trustee and Owner Trustee to forward to each Securityholder of record a statement setting forth at least the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer following information as to the distributions to be made on Notes and the related Payment Date and shall forward Certificates to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following informationextent applicable: 1. (i) the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes distribution allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture)Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class A-5 Notes, respectively; 2. (ii) the amount of the payment such distribution allocable to be made interest on such Payment Date or with respect to the Holders of each class of Class A A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes allocable to interestand the Class A-5 Notes, respectively; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(giii) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances such distribution payable out of amounts withdrawn from the Spread Account or pursuant to be made by a claim on the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment DateNote Policy; 8. with respect to any reimbursement to be made to (iv) the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Pool Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day day of the calendar month preceding Collection Period; (v) the aggregate outstanding principal amount of each Class of Notes, the Note Pool Factor for each Class of Notes after giving effect to payments allocated to principal reported under clause (i) above; (vi) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, and the amount of any unpaid Servicing Fees and the change in such amount from the prior Payment Date; 18. (vii) the aggregate amount of Principal Prepayments made during each of the Standby Fee, the Trustee Fee and the Collateral Agent Fee paid to the Standby Servicer, the Trustee and the Collateral Agent, as applicable, with respect to the related Collection Period; 19. , and the aggregate amount of Realized Losses incurred during any unpaid Standby Fees, Trustee Fees and Collateral Agent Fees and the related Collection Period; 20. the aggregate change in such amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such prior Payment Date; 21. (viii) the Class A-1 Note Principal BalanceNoteholders' Interest Carryover Shortfall, the Class A-2 Note Principal BalanceNoteholders' Interest Carryover Shortfall, the Class A-3 Note Principal BalanceNoteholders' Interest Carryover Shortfall, the Class A-4 Note Principal BalanceNoteholders' Interest Carryover Shortfall, the Class A-5 Note Noteholders' Interest Carryover Shortfall and the Noteholders' Principal Balance Carryover Shortfall; (ix) the number of Receivables and Class A-6 Note Principal Balance, after giving effect to the distributions aggregate gross amount scheduled to be made on such Payment Datepaid thereon, including unearned finance and other charges, for which the related Obligors are delinquent in making Scheduled Receivable Payments for (a) 31 to 59 days, (b) 60 to 89 days, (c) 90 to 119 days, (d) 120 to 149 days, (e) 150 to 179 days, (f) 180 to 209 days and (g) 210 days or more; 22. (x) the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect amount of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase AmountRealized Losses, if any, for such Payment Datethe second preceding Collection Period; 28. (xi) the Subordination Reduction Amountamount of any payments made with respect to the related Payment Date pursuant to Sections 5.12(a)(i), (ii) and (iii), respectively; (xii) the number and the aggregate Purchase Amounts for Receivables, if any, that were repurchased in such period and summary information as to losses and delinquencies with respect to the Receivables; (xiii) for such Payment Dates during the Funding Period (if any), the remaining Pre-Funded Amount; (xiv) for the final Subsequent Transfer Date, the amount of any remaining Pre-Funded Amount that has not been used to fund the purchase of Subsequent Receivables; and 29. (xv) the cumulative amount of Realized Losses, from the distribution to be made on such Payment Initial Cutoff Date to the Holders last day of the Certificatesrelated Collection Period. In the case of information furnished Each amount set forth pursuant to clauses paragraphs (1i), (ii), (iii), (vi), (vii), (viii) through and (3xi) above, the amounts above shall be expressed as a dollar amount per Single Security. $1,000 of the initial principal balance of the Notes (or Class thereof) or Certificates, as applicable. (b) Within a reasonable period of time 60 days after the end of each calendar year, the Servicer shall furnish deliver to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on amounts paid during such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the preceding calendar year was a Holder in respect of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense (i) principal of the Securityholder in accordance with such reasonable Notes, (ii) interest on the Notes and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicer.(iii)

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Servicer shall deliver forward the Servicing Certificate to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, pursuant to Section 3.26 of the Insurer or Indenture, shall make such Servicing Certificate available to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent, Bear Xxxxxxx Capital Markets Inc. and each Rating Agencies, as Agency. The Servicing Certificate shall set forth the case may be, may agree from time to time) a report prepared by the Servicer following information as to the distributions to be made on the related Payment Date Notes and shall forward Certificates, to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following informationextent applicable: 1. the amount of the payment to be made on such Payment Date to the Holders of (i) for each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment DateLoan Group, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances(a) Interest Collections, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. (b) Principal Collections (and, with respect to any reimbursement to be made Payment Date relating to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iiiManaged Amortization Period, Net Principal Collections) and (vc) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on Substitution Adjustment Amounts for such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. (ii) the amount of any Insurance Payment such distribution as principal to be made the Noteholders of each Class of Notes; (iii) the amount of such distribution as interest to the Noteholders of each Class A Noteholders on such Payment Dateof Notes, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made payable in respect of such Notes on such unpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date; 24. (iv) the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; (v) the amount of such distribution to the Certificateholders; (vi) the aggregate Principal Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period; (vii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89, 90-119 days, 120-149 days and 150-179 days, respectively, (b) the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information shall not be provided on the statements relating to the first Payment Date; 28. (viii) the Subordination Reduction Amountnumber and aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 3.15(a) herein during such Collection Period; (ix) the Net Loan Rate for each Loan Group for the related Collection Period; (x) prior to the second Determination Date following the commencement of the Rapid Amortization Period, if anythe aggregate amount of Additional Balances created during the previous Collection Period and conveyed to the Issuer prior to the commencement of such Rapid Amortization Period; (xi) the aggregate Liquidation Loss Amounts with respect to the related Collection Period for each Loan Group, for the amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (xii) the aggregate Note Balance of each Class of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; and; 29. (xiii) the amount balance of the distribution Pre-Funding Account, Funding Account, Capitalized Interest Account and Reserve Account as of the end of the preceding Collection Period; (xiv) the Percentage Interest applicable to be each of the Securities, after application of payments made on such Payment Date Date; (xv) the Overcollateralization Amount for each Loan Group as of the end of the preceding Collection Period; and (xvi) the aggregate Principal Balance of Subsequent Mortgage Loans transferred to the Holders of the CertificatesTrust Estate for each Loan Group. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityTerm Note, Variable Funding Note or Certificate, as applicable, with a $25,000 denomination. Within If a reasonable period of time after Managed Amortization Event, a Rapid Amortization Event or a Servicing Default shall occur, on the end of each calendar yearBusiness Day following the related Determination Date, the Servicer shall furnish forward to the Indenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement to such effect, including, in the case of a Rapid Amortization Event or a Servicing Default, the nature thereof. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the monthly statement to Securityholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website and its fax-on-demand service. The Indenture Trustee's fax-on-demand service may be accessed by calling (000) 000-0000. The Indenture Trustee's internet website shall initially be located at "xxx.xxxxxxx.xxx". Assistance in using the website or the fax-on demand service can be obtained by calling the Indenture Trustee's customer service desk at (000) 000-0000. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall forward have the right to each Person who at any time during change the calendar year was a Holder of a Note (a) a statement containing way the information set forth statements to Securityholders are distributed in clauses (1) through (3) above, aggregated for order to make such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied distribution more convenient and/or more accessible to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. (b) The Servicer shall forward to the Trust, Indenture Trustee any other information reasonably requested by the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the reports forwarded Indenture. Prior to the Class A Noteholders close of business on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Business Day next succeeding each Determination Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture TrusteeTrustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Note Payment Account, Reserve Account, Funding Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be deemed to be presumptively correct for all purposes hereunder, and the Owner Trustee and the Indenture Trustee shall forward to each Person who at be protected in relying upon the same without any time during independent check or verification. In addition, upon the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Indenture Trustee, Servicer to enable the Issuer to perform its federal and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerstate income tax reporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain and the following information: 1. the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal Indenture Trustee pursuant to Section 8.3(g) 3.26 of the Indenture)Indenture shall forward or cause to be forwarded by mail or otherwise make available electronically at www.jpmorgan.com/sfr to each Certificateholder, Noxxxxxxxx, xxx Xxxxxcer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information (the "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (i) the applicable Record Date, Determination Date and Payment Date; 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. (ii) the aggregate amount of servicing compensation payments received by with respect to the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirableMortgage Loans, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returnsincluding prepayment amounts; 4. (iii) the Scheduled Payments for such Payment Date and Servicing Fee payable to the respective provisions thereof allocable to principal and interestServicer; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(giv) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by any other fees or expenses paid, and the Servicer in respect identity of the related Payment Date, party receiving such fees or expenses; (v) the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances(a) Interest Collections, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. (b) Principal Collections (and, with respect to any reimbursement to be made Payment Date relating to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iiiManaged Amortization Period, Net Principal Collections), (c) Substitution Adjustment Amounts and (vd) of the IndentureExcess Spread, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. (vi) the amount of any Insurance Payment such distribution as principal to be made the Noteholders of each Class of Notes; (vii) the amount of such distribution as interest to the Noteholders of each Class A Noteholders on such Payment Dateof Notes, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made payable in respect of such Notes on such unpaid Interest Shortfalls, and the amount of any Interest Shortfalls and Relief Act Shortfalls for the related Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase (viii) each Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; (ix) the amount of such distribution as principal and interest to the Certificateholders, separately stating the portion thereof which resulted in a reduction of the Certificate Balance thereof; (x) the amount of any Additional Balance Increase Amount payable to the Certificateholders; (xi) the aggregate Principal Balance of the Mortgage Loans as of the end of the related Collection Period; (xii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and greater than 180 days, respectively, (b) the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REO Property, in each case as of the end of the related Collection Period; provided, however, that such information shall not be provided on the statements relating to the first Payment Date; 28. (xiii) the Subordination Reduction Amountnumber and aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 3.15(a) herein during the related Collection Period; (xiv) the Net WAC Rate for the related Collection Period; (xv) prior to the second Determination Date following the commencement of the Rapid Amortization Period, if anythe aggregate amount of Additional Balances created during the related Collection Period and conveyed to the Issuer prior to the commencement of such Rapid Amortization Period; (xvi) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, for the amount distributed as principal to Noteholders or paid to the Funding Account in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (xvii) the aggregate Note Balance of each Class of Notes and the Certificate Balance of each Class of the Certificates after giving effect to the distribution of principal on such Payment Date; and; 29. (xviii) the amount balance of the distribution Pre-Funding Account, Capitalized Interest Account, Funding Account and the Reserve Sub-Account as of the end of the related Collection Period; (xix) the Percentage Interest applicable to be each of the Securities, after application of payments made on such Payment Date Date; (xx) the Overcollateralization Amount as of the end of the related Collection Period and whether the Excess Spread Test is satisfied as of the end of the related Collection Period; and (xxi) the aggregate Principal Balance of Subsequent Mortgage Loans transferred to the Holders of Trust Estate during the Certificatesrelated Collection Period. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate, as applicable, with a $25,000 denomination per Note and with a denomination equal to a 100% Percentage Interest per Certificate. Within If a reasonable period of time after Rapid Amortization Event or a Servicing Default shall occur, on the end of each calendar yearBusiness Day following the related Determination Date, the Servicer shall furnish forward to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Note (a) a statement containing to such effect, including the information set forth in clauses (1) through (3) abovenature of such Rapid Amortization Event or Servicing Default. Upon the Servicer's becoming aware of any Early Amortization Event, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the TrustIndenture Trustee a statement to such effect, including the nature of such Early Amortization Event. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, each Holder of a Certificatethe Owner Trustee, the Insurer Certificate Paying Agent and each Rating Agency, notice of such Rapid Amortization Event, Early Amortization Event or Servicing Default, including the Servicernature thereof. Such statement may be included in, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar yearor separate from, the Servicer shall furnish regular statement made available to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the ServicerSecurityholders.

Appears in 1 contract

Samples: Servicing Agreement (GMACM Home Equity Loan Trust 2006-He4)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the Business Day following the related Payment Determination Date and the Master Servicer shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain and the following information: 1. the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal Indenture Trustee pursuant to Section 8.3(g) 3.26 of the Indenture); 2. the amount of the payment Indenture shall forward or cause to be made on such Payment Date forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information as to the Holders of each class of Class A Notes allocable and Certificates, to interest;the extent applicable: 3. (i) the aggregate amount of servicing compensation received by the Servicer during the related Collection Period (a) Interest Collections, (b) Principal Collections and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns(c) Substitution Adjustment Amounts; 4. (ii) the Scheduled Payments for amount of such Payment Date and distribution as principal to the respective provisions Noteholders; (iii) the amount of such distribution as interest to the Noteholders, separately stating the portion thereof allocable to principal and in respect of overdue accrued interest; 5. the Available Distribution Amount for such Payment Date (separately indicating iv) the amount of any Credit Enhancement Draw Amount; (v) the amount of such distribution as principal and interest to be distributed as a prepayment of principal pursuant to Section 8.3(g) the Certificateholders of the Indenture)Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Principal Balance thereof; 6. (vi) the amount, if any, by aggregate Loan Balance of the Revolving Credit Loans as of the end of the preceding Collection Period; (vii) the number and aggregate Loan Balances of Revolving Credit Loans (a) as to which the Scheduled Payments Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed and (c) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such Payment Date exceeds information will not be provided on the Available Distribution Amount expected statements relating to be on deposit in the Distribution Account on such first Payment Date; 7. (viii) the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage weighted average Net Loan Rate for the related Collection Period; 11. (ix) the Cumulative aggregate Liquidation Loss Percentage for such Payment Date; 12. Amounts with respect to the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Daterelated Collection Period, the amount of any reimbursement payment to be made Liquidation Loss Distribution Amounts with respect to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) Notes, and the aggregate of the Indenture Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance; (x) the aggregate Excess Loss Amounts with respect to the related Collection Period and the amount aggregate of Cumulative Insurance Payments the Excess Loss Amounts from all Collection Periods to date; [NY01B:316703.2] 16069-00394 03/27/97 10:57am 19 (xi) the aggregate Special Hazard Losses, Fraud Losses, Bankruptcy Losses and losses caused by or resulting from an Extraordinary Event with respect to the related Collection Period and the aggregate of each of such losses from all Collection Periods to date; (xii) the Note Balance of each Class of Notes and the Certificate Principal Balance of the Certificates after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance distribution of the Mortgage Loans and any REO Properties at the close of business principal on such Payment Date; 14. (xiii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of Servicing Fees for the related Due Date; 15. the number Collection Period and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during Draws for the related Collection Period;; and 19. (xiv) the aggregate amount of Realized Losses incurred during Outstanding Reserve Amount, the related Collection Period; 20. Special Hazard Amount, the aggregate amount of extraordinary expenses withdrawn from Fraud Loss Amount, the Collection Account or Bankruptcy Loss Amount and the Distribution Account for Reserve Amount Target immediately following such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityVariable Funding Note, Term Note or Certificate, as applicable, with a $1,000 denomination. Within a reasonable period In addition the Master Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of time after the end Indenture. Prior to the close of business on the Business Day next succeeding each calendar yearDetermination Date, the Master Servicer shall furnish a written statement to the Indenture Trustee, Certificate Paying Agent and the Indenture Trustee shall forward setting forth the aggregate amounts required to each Person who at any time during be withdrawn from the calendar year was a Holder Custodial Account and deposited into the Payment Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of a Note (a) a statement containing the information set forth in clauses (1) through (3) abovesuch amounts shall, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Holders of the Notes Issuer to prepare their perform its federal and state income tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerreporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Statements to Securityholders. (a) On each Servicer Remittance ----------------------------- Distribution Date, the Servicer Owner Trustee, or the Paying Agent, shall deliver include with each distribution to the Trusta Certificateholder, and the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time Trustee shall mail to time) each Noteholder a report statement prepared by the Servicer (which statement shall also be provided to the Rating Agencies), based on information in the Servicer's Certificate furnished pursuant to Section 3.9. Each such statement shall set forth the following information as to the distributions Securities with respect to be made on such Distribution Date or the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following informationpreceding Collection Period, as applicable: 1. (i) the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes distribution allocable to principal (separately indicating with respect to each class of Notes and any distributions on the amount to be paid as a prepayment Certificates and the derivation of principal pursuant to Section 8.3(g) of the Indenture)such amounts; 2. (ii) the amount of the payment distribution allocable to be made interest on such Payment Date or with respect to the Holders of each class of Class A Notes allocable to interestand the Certificates; 3. the aggregate (iii) amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary Total Servicing Fee paid or desirable, or which a Securityholder reasonably requests, payable to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii(iv) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans Outstanding Advances (if any) as of the related Due Datelast day of the preceding Collection Period and the change in such amount from the previous Collection Period; 15. (v) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Aggregate Receivables Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. (vi) the aggregate outstanding principal balance and the Note Pool Factor for each class of such Notes, in each case after giving effect to all payments reported under clause (i) above on such date; (vii) the amount of the aggregate Realized Losses incurred during Losses, if any, for the related preceding Collection Period; 20. (viii) the Noteholders' Interest Carryover Shortfall, the Class A Noteholders' Interest Carryover Shortfall, the Class B Noteholders' Principal Carryover Shortfall, the Certificateholders' Interest Carryover Shortfall and the Certificateholders' Principal Carryover Shortfall, if any, in each case as applicable to each class of Securities and the change in such amounts from the preceding statement; (ix) the aggregate amount of extraordinary expenses withdrawn from Repurchase Amount with respect to Purchased Receivables, if any, that were repurchased by the Seller or purchased by the Servicer in such Collection Account or the Distribution Account for such Payment DatePeriod; 21. (x) the Class A-1 Note Principal Balancebalance of the Reserve Account, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balanceas of such date, after giving effect to the distributions to be made changes therein on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect date, calculation of the Class A Notes for such Payment Date Average Delinquency Ratio, the Average Net Loss Ratio and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes Specified Reserve Account Balance on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Datedate; and 29. (xi) the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished pursuant to clauses Gross Loss Ratio. (1b) through (3) above, the amounts shall be expressed as a dollar amount per Single Security. Within a reasonable period of time after the end of each calendar year, but not later than the latest date permitted by law, the Servicer shall furnish a report to the Indenture Trustee, Trustee and the Owner Trustee and the Indenture Trustee or the Owner Trustee, as applicable, shall forward furnish, or cause to be furnished, to each Person who at any time during the such calendar year was shall have been a Holder Securityholder, such statement as to the sum of a Note (a) a statement containing the information set forth amounts determined in clauses (1i), (ii), (iii), (viii) through and (3x) above, aggregated above for such calendar year or year, or, in the event such Person shall have been a Securityholder during a portion of such calendar year, for the applicable portion thereof during which of such person was a Noteholder year, and (b) such other information contained in as is available to the Remittance Reports Servicer as required the Servicer deems necessary or desirable to enable the Holders of the Notes Securityholders to prepare their federal income tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Security Bank Na)

Statements to Securityholders. On each Servicer Remittance Payment Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward provide to the Indenture Trustee by overnight mail (with a computer readable magnetic tape or diskette copy to each Rating Agency) for the Indenture Trustee to forward to each Noteholder of such report. Both reports (record as of the 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 "Remittance Report") shall contain statement substantially in the form of Exhibit B, respectively, setting forth at least the following informationinformation as to the Securities to the extent applicable: 1. (i) the amount of the payment to be made on such Payment Date collections received with respect to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer Receivables during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount allocable to be distributed as a prepayment each Class of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account Notes on such Payment Date; 7. (ii) the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. collections received with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) Receivables during the related Collection Period and (v) of the Indenture, the amount, if any, allocable to principal and the amount interest allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made each Class of Notes on such Payment Date; 10. (iii) the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount Outstanding Amount of any Insurance Payment to be made to each Class A Noteholders on such Payment Dateof Notes, the amount of any reimbursement payment to be made to the Insurer on Note Pool Factor for each such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day day of the calendar month preceding Collection Period, after giving effect to payments allocated to principal reported under clause (i) above; (iv) the amount of the Servicing Fee paid to the Servicer and the amount of any fees payable to the Owner Trustee, or the Indenture Trustee with respect to the related Collection Period; (v) the aggregate amounts of Realized Losses, if any, with respect to the related Collection Period; (vi) the balance of the Reserve Account on the related Determination Date after giving effect to deposits and withdrawals to be made on the relevant Payment Date, if any; (vii) the Pool Balance as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above; (viii) the amount of any deposit to the Reserve Account and the amount and application of any funds withdrawn from the Reserve Account, in each case with respect to such Payment Date; 18. (ix) the aggregate amount principal balance of Principal Prepayments made all Receivables that became Liquidated Receivables or Purchased Receivables during the related Collection Period; 19. (x) the aggregate amount principal balance and number of Realized Losses incurred during Receivables that are 30 to 60 days, 61 to 90 days or 91 days or more delinquent as of the last day of the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, (xi) any Available Amounts Shortfall after giving effect to the distributions to be made payments on such Payment Date, and any change in such amounts from the preceding statement; 22. (xii) the Note Factor aggregate Purchased Amounts for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereofReceivables, if any, paid under the Policy that were purchased during or (in the event of a Deficiency Event) remaining unpaid following the distributions with respect to be made in respect of such Notes on such Payment DateCollection Period; 24. (xiii) the aggregate amount Principal Balance and number of any Prepayment Interest Shortfalls for such Payment Date, all Receivables with respect to which the extent not covered by payments by related Financed Vehicle was repossessed; (xiv) the aggregate Principal Balance and number of Receivables with respect to which the Servicer pursuant to Section 3.26granted an extension; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. (xv) the Required Subordinated Yield Supplement Overcollateralization Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Datenext Collection Period; and 29(xvi) any amounts distributed to the Certificateholders. Each amount set forth on the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished pursuant to statement under clauses (1i), (ii) through or (3iv) above, the amounts above shall be expressed as a dollar amount per Single Security$1,000 of original principal balance of a Certificate or Note, as applicable. Within a reasonable period of time after The Indenture Trustee may make any such statement which it is required to provide to the end of Noteholders, including, without limitation, all information as may be required to enable each calendar yearNoteholder to prepare its respective federal and state income tax returns (and, at its option, any additional files containing the Servicer shall furnish same information in an alternative format), via its internet web site (initially located at xxx.xx.xxxxxxxxxx.xxx). In connection with providing access to the Indenture Trustee's website, the Indenture Trustee may require registration and the acceptance of certain terms and conditions. The Indenture Trustee shall have the right to change the way such statements are distributed in order to make such distributions more convenient and/or more accessible to the above parties and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder provide timely and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied adequate notification to the extent that substantially comparable information shall be provided by the Servicer pursuant to Noteholders regarding any requirements of the Code as from time to time are in force. On each Payment Datesuch changes; provided, the Indenture Trustee shall forward to the Trusthowever, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerwill also mail copies of any such statements to any requesting Noteholder who provides a written request.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Hyundai Abs Funding Corp)

Statements to Securityholders. (a) On each Servicer Remittance Distribution Date, the Servicer shall deliver to the Trust, (i) the Indenture TrusteeTrustee shall include with each distribution to each Noteholder of record as of the related Record Date, and (ii) the Insurer and Trust Agent shall include with each distribution to each Certificateholder of record as of the Rating Agencies related Record Date, a statement, prepared by telecopy (the Servicer, based on the information in the Distribution Date Statement furnished pursuant to Section 3.09, setting forth for such Distribution Date the following information as of the related Record Date or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating AgenciesDistribution Date, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following information: 1. (i) the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes distribution allocable to principal (stated separately indicating for each Class of Notes and the Certificates), separately identifying the aggregate amount included therein of any (i) Full Prepayments of principal on Precomputed Contracts and (ii) Full Prepayments and partial prepayments of principal on Simple Interest Contracts; (ii) the amount of such distribution allocable to be paid as a prepayment interest (stated separately for each Class of principal pursuant to Section 8.3(g) of Notes and the IndentureCertificates); 2. (iii) the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date Note Percentage and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Certificate Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related such Collection Period; 19. (iv) the aggregate amount of Realized Losses incurred during Certificate Distributable Amount and the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account Note Distributable Amount for such Payment Distribution Date; 21. (v) the Class A-1 Note Principal BalancePremium payable to the Insurer; (vi) the amount to be on deposit in the Spread Account on such Distribution Date, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance before and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date deposits thereto and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions withdrawals therefrom to be made in respect of such Notes on such Payment Distribution Date; 24. (vii) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee, specifying as to whether such amount is to be (A) deposited into the Payment Account, (B) paid to the Insurer or (C) deposited into the Certificate Distribution Account for distribution to the holders of the Residual Interests pursuant to Section 4.04(b); (viii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period; (ix) the amount of fees paid to the Owner Trustee, the Trust Agent and the Indenture Trustee, with respect to the related Collection Period; (x) the amount of any Prepayment Note Interest Shortfalls for Carryover Shortfall, Note Principal Carryover Shortfall, Certificate Interest Carryover Shortfall and Certificate Principal Carryover Shortfall on such Payment Date, Distribution Date and the change in such amounts from those with respect to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment immediately preceding Distribution Date; 26. (xi) the Required Subordinated Amount for such Payment Datenumber of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis; 27. (xii) the Subordination Increase Net Collections and the Policy Claim Amount, if any, for such Payment Distribution Date; 28. (xiii) the Subordination Reduction Amountaggregate amount of Liquidation Proceeds received for Defaulted Contracts; (xiv) the net credit losses and Cram Down Losses for the Collection Period; (xv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed; (xvi) the Pool Balance, if anythe Note Pool Factor for each Class of Notes and the Certificate Pool Factor as of such Distribution Date after giving effect to the distribution made on such Distribution Date; (xvii) on each Distribution Date occurring during and immediately following the end of the Funding Period, for the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; (xviii) on each Distribution Date occurring during and immediately following the end of the Funding Period, the amounts of investment earnings and other amounts transferred from the Prefunding Account and the amounts transferred from the Capitalized Interest Account to the Payment DateAccount; and 29. (xix) on the amount Distribution Date immediately following the end of the distribution to be made on such Payment Date to Funding Period, the Holders of the CertificatesMandatory Partial Redemption Amount. In the case of information furnished Each amount set forth pursuant to clauses subclauses (1i) through or (3ii) above, the amounts above shall be expressed as a dollar amount per Single Security. $1,000.00 of original principal amount of a Note or original Certificate Balance, as the case may be. (b) Within a reasonable period of time after the end of each calendar year, but not later than the latest date permitted by law, the Servicer shall prepare and furnish to the Issuer, the Indenture TrusteeTrustee and each Paying Agent, and the Indenture Trustee Paying Agent for the Notes and the Paying Agent for the Certificates shall forward furnish to each Person who at on any time Record Date during the such calendar year was shall have been a Holder of a Note (a) or a Certificate, respectively, a statement or statements containing the information sum of the amounts set forth in clauses (1i) through and (3ii) above, aggregated above for such calendar year or applicable portion thereof during which and such person was a Noteholder and (b) other information as is reasonably necessary for the preparation of such information contained Person's federal income tax return in the Remittance Reports as required to enable the Holders respect of the Notes to prepare their tax returns. Such obligation of or Certificates or, in the Servicer event such Person shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Note or a Certificate during a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for portion of such calendar year or year, for the applicable portion thereof during which of such Person was a Certificateholder. Upon requestyear, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports Noteholder's or information to be provided at the expense Certificateholder's preparation of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerfederal income tax returns.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by overnight mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain statement setting forth the following informationinformation as to the Notes and Certificates, to the extent applicable: 1. (i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificates; (ii) the amount of the payment to be made on such Payment Date distribution to the Holders Securityholders of each Class the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of Class A Notes allocable to principal (separately indicating the Accelerated Principal Distribution Amount and the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit deposited in the Distribution Funding Account on such Payment Date; 7. (iii) the amount of Monthly Advances such distribution to be made by the Servicer Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to overdue accrued interest; 9. Cumulative Insurance Payments after giving effect to (iv) the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed; (v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loans; (vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; PROVIDED, HOWEVER, that such information will not be provided on the statements relating to the first Payment Date; 28. (vii) the Subordination Reduction Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period; (viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, if anyin each case as the end of the related Collection Period; and (ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account; (x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, for the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance; (xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date; (xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date; (xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and 29. (xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the distribution to be made Indenture on such Payment Date to the Holders of the CertificatesDate. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate with a $1,000 denomination. Within a reasonable period Prior to the close of time after business on the end of Business Day next succeeding each calendar yearDetermination Date, the Servicer shall furnish a written statement to the Indenture Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee shall forward setting forth (i) all the foregoing information, (ii) the aggregate amounts required to each Person who at any time during be withdrawn from the calendar year was a Holder of a Note (a) a statement containing Collection Account and deposited into the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (biii) such information contained in the Remittance Reports as required amounts (A) withdrawn from the Payment Account and deposited to enable the Holders Funding Account pursuant to Section 8.02(b) of the Notes Indenture and (B) withdrawn from the Funding Account and deposited to prepare their tax returns. Such obligation the Collection Account pursuant to Section 8.02(c)(i) of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided Indenture. The deter mination by the Servicer pursuant of such amounts shall, in the absence of obvious error, be presumptively deemed to any requirements of be correct for all purposes hereunder and the Code as from time to time are in force. On each Payment Date, the Owner Trustee and Indenture Trustee shall forward to be protected in relying upon the Trustsame without any independent check or verification. In addition, upon the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Company's written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Indenture Trustee, Servicer to enable the Company to perform its federal and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerstate income tax reporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (Ameriquest Mortgage Securities Inc)

Statements to Securityholders. (a) On each Servicer Remittance Distribution Date, the Servicer shall deliver provide to the TrustOwner Trustee (with copies to the Depositor, the Rating Agencies and each Paying Agent) to forward to each Certificateholder of record, and to the Indenture Trustee, either directly or through a Paying Agent, to forward to each Noteholder of record a statement, based on the Insurer and related Servicer's Certificate setting forth at least the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer following information as to the distributions Securities with respect to be made on the related Payment Distribution Date and shall forward Collection Period, in substantially the form of Exhibit B, to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following informationextent applicable: 1. (i) the amount of such distribution allocable to principal for each Class of Notes; (ii) the payment Priority Principal Distributable Amount; (iii) the Secondary Principal Distributable Amount; (iv) the Tertiary Principal Distributable Amount; (v) the Regular Principal Distributable Amount; (vi) the amount of such distribution allocable to be made current and overdue interest (including any interest on such Payment Date to overdue interest) for each Class of Notes; (vii) the Holders Total Servicing Fee; (viii) the Total Trustee Fees; (ix) the aggregate outstanding principal amount of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable Note Pool Factor with respect to principal and interest; 5. the Available Distribution Amount for such Payment Date each Class of Notes (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding each case after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Datepayments allocated to principal reported under clause (i) above); 8. with respect to any reimbursement to be made to (x) the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Pool Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. (xi) the Reserve Fund Amount on such Distribution Date (after giving effect to all deposits to or withdrawals from the Reserve Fund on such Distribution Date) and the Reserve Fund Draw Amount; (xii) the aggregate amount Purchase Amount of Realized Losses incurred during Receivables repurchased by the Seller or purchased by the Servicer, if any, with respect to the related Collection Period; 20. (xiii) the number and aggregate amount Principal Balance of extraordinary expenses withdrawn from Receivables that were 30-59 days, 60-89 days or 90 days or more delinquent as of the last day of the related Collection Account or the Distribution Account for such Payment DatePeriod; 21. (xiv) the Class A-1 Net Losses with respect to the related Collection Period; (xv) the Overcollateralization Target Amount and the amount by which the Pool Balance exceeds the Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, (after giving effect to any payments made to the distributions to be made Noteholders on such Payment Distribution Date); 22. (xvi) the Note Factor for each such Class amount of Notes applicable to such Payment DateAvailable Collections; 23. (xvii) the Interest Distribution Amount in respect of the Class A Notes for such Payment Date Cumulative Net Loss Percentage and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Sequential Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment DateTrigger; and 29. (xviii) the amount of Excess Collections. (b) Within the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished pursuant to clauses (1) through (3) above, the amounts shall be expressed as a dollar amount per Single Security. Within a reasonable prescribed period of time for tax reporting purposes after the end of each calendar yearyear during the term of the Issuer, but not later than the latest date permitted by law, the Servicer shall furnish to the Indenture related Trustee, and the Indenture Trustee upon receipt thereof, shall forward mail to each Person who at any time during the such calendar year was shall have been a Holder of Securityholder, a Note (a) a statement statement, prepared by the Servicer, containing the certain information set forth in clauses (1) through (3) above, aggregated for such calendar year or or, in the event such Person shall have been a Securityholder during a portion of such calendar year, for the applicable portion thereof during which of such person was a Noteholder and (b) year, for the purposes of such information contained in the Remittance Reports as required to enable the Holders Securityholder's preparation of the Notes to prepare their federal income tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar yearIn addition, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward Trustees for distribution to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, at such time any other information necessary under applicable law for the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term preparation of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerincome tax returns.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Wachovia Auto Owner Trust 2004-B)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by overnight mail or otherwise make available electronically at xxx.xxxxxxxx.xxx/xxx to each Certificateholder, Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a computer readable magnetic tape or diskette of such report. Both reports statement setting forth the following information (each a the "Remittance ReportServicing Certificate") shall contain as to the following informationNotes and Certificates, to the extent applicable: 1. (i) the applicable Record Date, Determination Date and Payment Date; (ii) the aggregate amount of payments received with respect to the Home Loans, including prepayment amounts; (iii) the Servicing Fee and Subservicing Fee payable to the Master Servicer and the Subservicer; (iv) the amount of any other fees or expenses paid, and the payment to be made on such Payment Date to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) identity of the Indenture)party receiving such fees or expenses; 2. (v) the aggregate amount of (a) Interest Collections, (b) Principal Collections and (c) Substitution Adjustment Amounts for such Collection Period; (a) the amount of the payment to be made on such Payment Date distribution to the Securityholders of such Class applied to reduce the Note Balance or Certificate Principal Balance thereof, and (b) the aggregate amount included therein representing Principal Prepayments; (vii) the amount of such distribution to Holders of each class such Class of Class A Notes Securities allocable to interest; 3. (viii) if the distribution to the Holders of such Class of Securities is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall; (ix) the aggregate amount Note Balance or Certificate Principal Balance of servicing compensation received by each Class of Securities, the Servicer during Senior Enhancement Percentage and each of the related Collection Period Subordination Percentages, before and after giving effect to the amounts distributed on such Payment Date, separately identifying any reduction thereof due to Liquidation Loss Amounts other customary information within the knowledge than pursuant to an actual distribution of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returnsprincipal; 4. (x) the Scheduled Payments Note Rate for each Class of Notes for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount Date, separately identifying LIBOR for such Payment Date Date, if applicable. (separately indicating xi) the amount weighted average remaining term to be distributed as a prepayment of principal pursuant to Section 8.3(g) maturity of the Indenture); 6. Home Loans after giving effect to the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account amounts distributed on such Payment Date; 7. (xii) the amount of Monthly Advances to be made by the Servicer in respect weighted average Loan Rates of the related Payment Date, the aggregate amount of Monthly Advances outstanding Home Loans after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of amounts distributed on such Payment Date; 8. with respect to any reimbursement to be made to (xiii) the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) percentage of the Indenture, outstanding principal balances of the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments Senior Notes after giving effect to the distributions on that Payment Date; (xiv) the number and Pool Balance of the Home Loans after giving effect to the distribution of principal on such Payment Date and the number of Home Loans at the beginning and end of the preceding Collection Period; (xv) on the basis of the most recent reports furnished to it by Sub-Servicers, the number and aggregate Loan Balances of Home Loans (a) as to which the Monthly Payment is Delinquent 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, (c) that have become REO and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (xvi) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Payment Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance; (xvii) any material modifications, extensions or waivers to the terms of the Home Loans during the Collection Period or that have cumulatively become material over time; (xviii) any material breaches of Home Loan representations or warranties or covenants in the Home Loan Purchase Agreement. (xix) the related subordinate Principal Payment Amount; (xx) the number, aggregate principal balance and book value of any REO properties; (xxi) the aggregate accrued interest remaining unpaid, if any, for each Class of Securities, after giving effect to the distribution made on such Payment Date; 10. (xxii) (a) the Delinquency Percentage number and principal amount of release agreements pursuant to Section 3.05(b)(iv) entered into during the calendar year and since the Closing Date, stated separately, for the Home Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance with information provided separately with respect to all Unsecured Loans and (b) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into since the Closing Date; (xxiii) the aggregate amount recovered during the related Collection PeriodPeriod consisting of all subsequent recoveries on any Home Loan that was 180 days or more delinquent; 11. (xxiv) the Cumulative Loss related Senior Enhancement Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii(xxv) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, recoveries on previously foreclosed loans from Sellers due to a breach of a representation or warranty assigned to the extent not covered by payments by the Servicer pursuant to Section 3.26Trustee; 25. (xxvi) the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amountamount, if any, for to be paid by a Derivative Counterparty under a Derivative Contract; (xxvii) whether or not a Trigger Event has occurred; and (xxviii) the Outstanding Reserve Amount and the Reserve Amount Target immediately following such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished pursuant to clauses (1vi) through and (3vii) above, the amounts shall be expressed as a an aggregate dollar amount per Single Security. Within Note or Certificate, as applicable, with a reasonable period of time $1,000 denomination. (b) In addition, with respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Rating Agencies the following information for each Capitalization Workout entered into during the related Collection Period: (i) the original Home Loan amount; (ii) the Home Loan amount after the end of each calendar yearCapitalization Workout; (iii) the original Monthly Payment amount; (iv) the Monthly Payment amount after the Capitalization Workout; (v) the Capitalized Amount as defined in Section 3.02(a)(v) herein; (vi) the Combined Loan-to-Value Ratio prior to the Capitalization Workout; (vii) the Combined Loan-to-Value Ratio after the Capitalization Workout; and (viii) if an appraisal was used in determining the Combined Loan-to-Value Ratio referred to in (vii) above, the type and date of appraisal. The Master Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Indenture Trustee, Certificate Paying Agent and the Indenture Trustee shall forward setting forth the aggregate amounts required to each Person who at any time during be withdrawn from the calendar year was a Holder Custodial Account and deposited into the Payment Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of a Note (a) a statement containing the information set forth in clauses (1) through (3) abovesuch amounts shall, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Holders of the Notes Issuer to prepare their perform its federal and state income tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerreporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (Home Loan Trust 2006-Hi1)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Servicer shall deliver forward the Servicing Certificate to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, pursuant to Section 3.26 of the Insurer or Indenture, shall make such Servicing Certificate available to each Certificateholder, each Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating AgenciesAgency, as with a copy to the case may be, may agree from time to time) a report prepared by Enhancer. The Servicing Certificate shall set forth the Servicer following information as to the distributions Notes and Certificates, to be made on the related extent applicable: (i) the aggregate amount of (a) Interest Collections, (b) Principal Collections (and, with respect to any Payment Date and shall forward relating to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of Managed Amortization Period, Net Principal Collections) and (c) Substitution Adjustment Amounts for such report. Both reports Collection Period; (each a "Remittance Report"ii) shall contain the following information: 1. the amount of the payment to be made on such Payment Date distribution as principal to the Holders Noteholders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture)Notes; 2. (iii) the amount of the payment to be made on such Payment Date distribution as interest to the Holders Noteholders of each class Class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment DateNotes, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made payable in respect of such Notes on such unpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase (iv) each Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; (v) the amount of such distribution to the Certificateholders; (vi) the amount of any Additional Balance Increase Amount payable to the Certificateholders; (vii) the aggregate Principal Balance of the Mortgage Loans as of the end of the preceding Collection Period; (viii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days and 150-179 days, respectively, (b) the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information shall not be provided on the statements relating to the first Payment Date; 28. (ix) the Subordination Reduction Amountnumber and aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 3.15(a) herein during such Collection Period; (x) the Net WAC Rate for the related Collection Period; (xi) prior to the second Determination Date following the commencement of the Rapid Amortization Period, if anythe aggregate amount of Additional Balances created during the previous Collection Period and conveyed to the Issuer prior to the commencement of such Rapid Amortization Period; (xii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, for the amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (xiii) the aggregate Note Balance of each Class of Notes and the Certificate Balance of each Class of the Certificates after giving effect to the distribution of principal on such Payment Date; and; 29. (xiv) the amount balance of the distribution Pre-Funding Account, Funding Account, the Reserve Sub-Account and Capitalized Interest Account as of the end of the preceding Collection Period; (xv) the Percentage Interest applicable to be each of the Securities, after application of payments made on such Payment Date Date; (xvi) the Overcollateralization Amount as of the end of the preceding Collection Period; and (xvii) the aggregate Principal Balance of Subsequent Mortgage Loans transferred to the Holders of the CertificatesTrust Estate. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate, as applicable, with a $25,000 denomination and per Certificate with a denomination equal to a 100% Percentage Interest. Within If a reasonable period Rapid Amortization Event or a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, a statement to such effect, including the nature of time after such Rapid Amortization Event or Servicing Default. Upon the end Servicer's becoming aware of any Early Amortization Event, the Servicer shall forward to the Indenture Trustee and the Enhancer, a statement to such effect, including the nature of such Early Amortization Event. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each calendar yearCertificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Rapid Amortization Event, Early Amortization Event or Servicing Default, including, the nature thereof. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.ctslink.com". Assistance in usixx xxx xxxxxxx can be obtained by calling the Indenture Trustee's customer service desk at (301) 815-6600. Parties that are xxxxxx xx xxe the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website. (b) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture TrusteeTrustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and the Reserve Sub-Account and deposited into the Note Payment Account, Reserve Sub-Account, Funding Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be deemed to be presumptively correct for all purposes hereunder, and the Owner Trustee and the Indenture Trustee shall forward to each Person who at be protected in relying upon the same without any time during independent check or verification. In addition, upon the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Indenture Trustee, Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. (c) If the Indenture Trustee shall forward Note Balance of the Variable Pay Revolving Notes is to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect reduced on any Payment Date pursuant to the Securityholderterms of the Indenture, or otherwise with respect the Servicer shall, not later than 12:00 Noon (New York time) on the second Business Day prior to such Payment Date, deliver a written notice to the purposes Administrative Agent specifying the amount of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerreduction.

Appears in 1 contract

Samples: Servicing Agreement (Gmacm Home Equity Loan Backed Term Notes Ser 2003-He1)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Servicer shall deliver forward the Servicing Certificate to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, pursuant to Section 3.26 of the Insurer or Indenture, shall make such Servicing Certificate available to each Certificateholder, each Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent, each Rating Agencies, as Agency and the case may be, may agree from time to time) a report prepared by Enhancer. The Servicing Certificate shall set forth the Servicer following information as to the distributions to be made on the related Payment Date Notes and shall forward Certificates, to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following informationextent applicable: 1. the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(gi) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable(a) Interest Collections, or which a Securityholder reasonably requests(b) Principal Collections (and, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made Payment Date relating to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iiiManaged Amortization Period, Net Principal Collections), (c) Substitution Adjustment Amounts and (vd) of the IndentureExcess Spread, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. (ii) the amount of any Insurance Payment such distribution as principal to be made the Noteholders of each Class of Notes; (iii) the amount of such distribution as interest to the Noteholders of each Class A Noteholders on such Payment Dateof Notes, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made payable in respect of such Notes on such unpaid Interest Shortfalls, and the amount of any Interest Shortfalls and Relief Act Shortfalls for the related Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase (iv) each Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; (v) the amount of such distribution to the Certificateholders; (vi) the amount of any Additional Balance Increase Amount payable to the Certificateholders; (vii) the aggregate Principal Balance of the Mortgage Loans as of the end of the related Collection Period; (viii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and greater than 180 days, respectively, (b) the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REO Property, in each case as of the end of the related Collection Period; provided, however, that such information shall not be provided on the statements relating to the first Payment Date; 28. (ix) the Subordination Reduction Amountnumber and aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 3.15(a) herein during the related Collection Period; (x) the Net WAC Rate for the related Collection Period; (xi) prior to the second Determination Date following the commencement of the Rapid Amortization Period, if anythe aggregate amount of Additional Balances created during the related Collection Period and conveyed to the Issuer prior to the commencement of such Rapid Amortization Period; (xii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, for the amount distributed as principal to Noteholders or paid to the Funding Account in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (xiii) the aggregate Note Balance of each Class of Notes and the Certificate Balance of each Class of the Certificates after giving effect to the distribution of principal on such Payment Date; and; 29. (xiv) the amount balance of the distribution Pre-Funding Account, Capitalized Interest Account, Funding Account and the Reserve Sub-Account as of the end of the related Collection Period; (xv) the Percentage Interest applicable to be each of the Securities, after application of payments made on such Payment Date Date; (xvi) the Overcollateralization Amount as of the end of the related Collection Period and whether the Excess Spread Test is satisfied as of the end of the related Collection Period; and (xvii) the aggregate Principal Balance of Subsequent Mortgage Loans transferred to the Holders of Trust Estate during the Certificatesrelated Collection Period. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate, as applicable, with a $25,000 denomination per Note and with a denomination equal to a 100% Percentage Interest per Certificate. Within If a reasonable period Rapid Amortization Event or a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee a statement to such effect, including the nature of time after such Rapid Amortization Event or Servicing Default. Upon the end Servicer’s becoming aware of any Early Amortization Event, the Servicer shall forward to the Indenture Trustee a statement to such effect, including the nature of such Early Amortization Event. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each calendar yearCertificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Rapid Amortization Event, Early Amortization Event or Servicing Default, including the nature thereof. Such statement may be included in, or separate from, the regular statement made available to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee’s internet website. The Indenture Trustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Indenture Trustee’s customer service desk at (000) 000-0000. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website. (b) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture TrusteeTrustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and the Reserve Sub-Account and deposited into the Note Payment Account, Reserve Sub-Account, Funding Account or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be deemed to be presumptively correct for all purposes hereunder, and the Owner Trustee and the Indenture Trustee shall forward to each Person who at be protected in relying upon the same without any time during independent check or verification. In addition, upon the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Issuer’s written request, the Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Indenture Trustee, Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. (c) If the Indenture Trustee shall forward Note Balance of the Variable Pay Revolving Notes is to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect reduced on any Payment Date pursuant to the Securityholderterms of the Indenture, or otherwise with respect the Servicer shall, not later than 12:00 Noon (New York time) on the second Business Day prior to such Payment Date, deliver a written notice to the purposes Administrative Agent specifying the amount of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerreduction.

Appears in 1 contract

Samples: Servicing Agreement (Gmacm Home Equity Loan Trust 2005-He1)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Servicer shall deliver forward the Servicing Certificate and a computer file containing mutually agreed upon loan level information to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, pursuant to Section 3.26 of the Insurer or Indenture, shall make such Servicing Certificate available to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent, the ISDA Counterparty and each Rating Agencies, as Agency. The Servicing Certificate shall set forth the case may be, may agree from time to time) a report prepared by the Servicer following information as to the distributions to be made on the related Payment Date Notes and shall forward Certificates, to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following informationextent applicable: 1. the amount of the payment to be made on such Payment Date to the Holders of (i) for each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment DateLoan Group, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances(a) Interest Collections, (b) Principal Collections, and the aggregate amount of Nonrecoverable Monthly Advances in respect of (c) Substitution Adjustment Amounts for such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. (ii) the amount of any Insurance Payment such distribution as principal to be made to the Noteholders of each Class A Noteholders on such Payment Date, of Notes; (iii) the amount of any reimbursement payment to be made such distribution as interest to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) Noteholders of the Indenture and the amount each Class of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the InsurerNotes; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (aiv) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; (v) the amount of such distribution to the Certificateholders; (vi) the aggregate Principal Balance of the Home Loans in each Loan Group as of the end of the preceding Collection Period; (vii) the number and aggregate Principal Balances of Home Loans (a) as to which the Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days and 150-179 days, respectively, (b) the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information shall not be provided on the statements relating to the first Payment Date; 28. (viii) the Subordination Reduction Amountaggregate Liquidation Loss Amounts with respect to the related Collection Period, if any, for the amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Home Loans; (ix) the aggregate Note Balance of each Class of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; and; 29. (x) the amount on deposit in each of the distribution Pre-Funding Account and Capitalized Interest Account as of the end of the preceding Collection Period; (xi) the Percentage Interest applicable to be each of the Securities, after application of payments made on such Payment Date Date; (xii) the Overcollateralization Amount as of the end of the preceding Collection Period; (xiii) the amount of any payment to be made to the Holders designee or designees of the CertificatesCredit Enhancer with respect to such Payment Date pursuant to Sections 3.05(a)(i) and 3.30 of the Indenture and the Limited Reimbursement Agreement; (xiv) the weighted average of the Net Loan Rates for the Home Loans for the related Collection Period; (xv) the number and aggregate Principal Balance of Home Loans repurchased pursuant to Section 3.15(a) herein during the related Collection Period; and (xvi) the aggregate Principal Balance of Subsequent Home Loans transferred to the Trust Estate for each Loan Group. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate, as applicable, with a $25,000 denomination. Within If a reasonable period of time after Servicing Default shall occur, on the end of each calendar yearBusiness Day following the related Determination Date, the Servicer shall furnish forward to the Indenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement to such effect, including the nature of such Servicing Default. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the monthly statement to Securityholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.abs.bankone.com". Assistance xx xxxxx xxx xxxxxxe can be obtained by calling Indenture Trustee's customer service desk at 800-524-9472. Parties that are uxxxxx xx xxx the above website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall forward have the right to each Person who at change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any time during the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and changes. (b) such information contained in the Remittance Reports as required In addition, with respect to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, on the Indenture Trustee Business Day following the related Determination Date, the Servicer shall forward to the TrustCredit Enhancer and the Rating Agencies the following information for each Capitalization Workout entered into during the related Collection Period: (i) the original Home Equity Loan amount; (ii) the Home Loan amount after the Capitalization Workout; (iii) the original Monthly Payment amount; (iv) the Monthly Payment amount after the Capitalization Workout; (v) the Capitalized Amount as defined in Section 3.02(a)(v) herein; (vi) the CLTV prior to the Capitalization Workout; (vii) the CLTV after the Capitalization Workout; and (viii) if an appraisal was used in determining the CLTV referred to in (vii) above, the Depositor, each Holder type and date of a Certificate, appraisal. (c) The Servicer shall forward to the Insurer and Indenture Trustee any other information reasonably requested by the Servicer, a copy Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the reports forwarded Indenture. Prior to the Class A Noteholders close of business on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Business Day next succeeding each Determination Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture TrusteeTrustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Note Payment Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be deemed to be presumptively correct for all purposes hereunder, and the Owner Trustee and the Indenture Trustee shall forward to each Person who at be protected in relying upon the same without any time during independent check or verification. In addition, upon the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Indenture Trustee, Servicer to enable the Issuer to perform its federal and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerstate income tax reporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (Residential Asset Mortgage Products Inc)

Statements to Securityholders. On each Each Servicer Remittance Date(other than PNC) shall provide to the Master Servicer, and PNC shall provide to the Trust Administrator, the information (the “Servicing Certificate”) necessary to calculate the information set forth below, and any other information the Trust Administrator reasonably requires, in such form as the Trust Administrator shall reasonably request, or in such form as may be mutually agreed upon between such Servicer and the Trust Administrator, with respect to each Loan serviced by such Servicer no later than 4:00 PM New York City time on the Data Remittance Date to enable the Trust Administrator to calculate the amounts to be distributed to each Class of Notes and Certificates and otherwise perform its distribution, accounting and reporting requirements hereunder and under the Indenture. On or prior to the 18th calendar day of each month, the Master Servicer shall deliver provide to the TrustTrust Administrator a report incorporating the information in each Servicing Certificate received by it from the related Servicers (other than PNC). Based solely on the information provided by the Servicers, upon which information it may conclusively rely without verification, the Trust Administrator pursuant to Section 3.25 of the Indenture shall make available on its website initially located at “xxx.xxxxxxxx.xxx/xxx” to each Securityholder, the Depositor, the Owner Trustee, the Insurer Certificate Paying Agent and each Rating Agency, each Servicing Certificate setting forth the Rating Agencies by telecopy (or by such following information, together with the other means as information set forth in the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report monthly statement prepared by the Servicer Trust Administrator pursuant to Section 3.25 of the Indenture, as to the distributions to be made on the related Payment Date Notes and shall forward Certificates, to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following informationextent applicable: 1. the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(gi) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by (a) the Servicer during Interest Remittance Amount, (b) the Principal Remittance Amount, (c) the Additional Balance Advance Interest Distribution Amount and (d) Substitution Amounts; (ii) amounts paid in respect of the Additional Balances from the Payment Account; (iii) the number and Aggregate Loan Balance of the Loans as of the end of the related Collection Period; (iv) the number and aggregate Principal Balances of Loans (a) as to which the Monthly Payment is delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period and assuming twelve, thirty day months; provided, however, that such other customary information within will not be provided on the knowledge of statements relating to the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such first Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage weighted average Mortgage Interest Rate for the related Collection Period; 11. (vi) whether or not as an Amortization Event is in effect for the Cumulative Loss Percentage for such related Payment Date; 12. (vii) the amount of any Insurance Payment to be made to Class A Noteholders on such Payment DateExcluded Amounts, if any, received for the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurerapplicable Collection Period; 13. (viii) the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of Servicing Fees for the related Due Date;Collection Period; and 15. (ix) the number and aggregate unpaid principal balance amount recovered during the related Collection Period consisting of Mortgage Loans (a) 30 all Net Recoveries on any Loan that was 180 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as delinquent. Prior to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of next succeeding each Servicer Remittance Date, each Servicer shall furnish a written statement to the calendar month preceding Certificate Paying Agent and the Payment Date; 18. Trust Administrator setting forth the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses amounts required to be withdrawn from the Collection related Custodial Account and deposited into the Master Servicer Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal BalanceAccount, Class A-2 Note Principal Balanceas applicable, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect prior to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment related Servicer Remittance Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 253.03. The determination by a Servicer of such amounts shall, in the aggregate amount absence of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amountobvious error, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution be presumptively deemed to be made on such Payment Date to correct for all purposes hereunder and the Holders of Owner Trustee and Trust Administrator shall be protected in relying upon the Certificatessame without any independent check or verification. In addition, upon the case of information furnished pursuant to clauses (1) through (3) aboveIssuer’s written request, the amounts shall be expressed as a dollar amount per Single Security. Within a reasonable period of time after the end of each calendar year, the Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required Servicer to enable the Holders of the Notes Issuer to prepare their perform its federal and state income tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerreporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (CSFB Home Equity Mortgage Trust 2005-Hf1)

Statements to Securityholders. (a) On or prior to each Servicer Remittance Payment Date, the Servicer shall deliver provide to the Trust, the Indenture Trustee, the Insurer Trustee and the Rating Agencies by telecopy Owner Trustee (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or with a copy to the Rating Agencies, as ) for the Trustee and the Owner Trustee to forward to each Securityholder of record (in the case may beof the Trustee, may agree from time pursuant to timeSection 5.8(b)) a report prepared the statement or statements provided by the Servicer in substantially the form attached hereto as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain Exhibit E setting forth at least the following information: 1. (i) the amount of any distributions allocable to principal of each Class of Notes; (ii) the amount of such distribution allocable to interest on or with respect to each Class of Notes; (iii) the Pool Balance as of the close of business on the last day of the related Collection Period; (iv) the Note Balance for each Class of Notes after giving effect to payments allocated to principal reported under clause (i) above; (v) the amount of the payment to be made on such Payment Date Servicing Fee paid to the Holders of each Class of Class A Notes allocable Servicer with respect to principal (separately indicating the related Collection Period, and the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of any unpaid Servicing Fees and the Indenture)change in such amount from the prior Payment Date; 2. (vi) the amount of the payment Backup Servicing Fee and the Trustee Fees paid to be made on the Backup Servicer, the Trustee and the Owner Trustee, as applicable, with respect to the related Collection Period, and the amount of any unpaid Backup Servicing Fees and Trustee Fees and the change in all such amounts from the prior Payment Date; (vii) the Noteholders’ Interest Carryover Shortfall for each Class of Notes for such Payment Date Date; (viii) the amount, if any, paid to the Holders of each class of Class A Notes allocable to interestNoteholders from the Series 2012-C Spread Account for such Payment Date; 3. (ix) the aggregate amount in the Series 2012-C Spread Account and the change in such amount from the previous Payment Date and the Specified Spread Account Requisite Amount for such Payment Date; (x) the number of servicing compensation received Receivables and the aggregate net balance thereon for which the related Obligors are delinquent in making Scheduled Receivable Payments for (a) 31 to 60 days, (b) 61 to 90 days, and (c) 91 days or more; (xi) the number and the aggregate Purchase Amounts for Receivables purchased by CPS or purchased by the Servicer during the related Collection Period and such other customary summary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date losses and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. delinquencies with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interestReceivables; 9. Cumulative Insurance Payments after giving effect to (xii) the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close all Receivables that have become Liquidated Receivables, net of business on such Payment Date; 14. the numberRecoveries, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. (xiii) the cumulative Principal Balance of all Receivables that have become Liquidated Receivables, net of Recoveries, during the period from the Cutoff Date to the last day of the related Collection Period; (xiv) the amount of any Texas Franchise Tax due and owing by CPS under the Receivables Purchase Agreement to the taxing authority of the State of Texas on or prior to the related Payment Date or paid by CPS since the prior Payment Date; (xv) the Three-Month Rolling Average Extension Ratio, the Cumulative Net Loss Rate, the Delinquency Ratio and the Three-Month Rolling Average Delinquency Ratio; (xvi) the aggregate amount of Realized Losses incurred Sale Amount with respect to Sold Receivables, if any, during the related Collection Period; 20. (xvii) for any Payment Date during the aggregate Funding Period, the Pre-Funded Amount and the change in such amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such previous Payment Date; and 29. (xviii) for the Mandatory Redemption Date, the amount of any remaining Pre-Funded Amount that was not used to fund the distribution to be made on such Payment Date to the Holders purchase of the Certificates. In the case of information furnished pursuant to clauses Subsequent Receivables. (1b) through (3) above, the amounts shall be expressed as a dollar amount per Single Security. Within a reasonable period of time 60 days after the end of each calendar year, the Servicer shall furnish deliver to the Indenture TrusteeTrustee a statement setting forth the amounts paid during such preceding calendar year in respect of paragraphs (i), (ii), (v) and the Indenture (vi) above. The Trustee shall forward mail a copy of such statement to each Person person who at any time during the such preceding calendar year was shall have been a Holder Securityholder of record and received any payment in respect of the Securities. (c) The Trustee may make available to the Securityholders, via the Trustee’s Internet Website, all statements described herein and, with the consent or at the direction of the Seller, such other information regarding the Notes and/or the Receivables as the Trustee may have in its possession, but only with the use of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be password provided by the Servicer pursuant Trustee. The Trustee will make no representation or warranties as to any requirements the accuracy or completeness of such documents and will assume no responsibility therefor. The Trustee’s Internet Website shall be initially located at “wxx.XXXXxxx.xxx” or at such other address as shall be specified by the Code as Trustee from time to time are in forcewriting to the Securityholders. On each Payment DateIn connection with providing access to the Trustee’s Internet Website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Trustee shall forward not be liable for the dissemination of information in accordance with this Agreement. (d) The Servicer will supply to the TrustTrustee, at the Depositortime and in the manner required by applicable Treasury Regulations, each Holder of a Certificatefor further distribution to such Persons, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date andextent, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed required by applicable Treasury Regulations information with respect to any “original issue discount” accruing on the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, Class D Notes and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the ServicerClass E Notes.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following information: 1. the amount of the payment to be made on such Payment Date Loan information reasonably available to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date Servicer with respect to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee Loans as the Indenture Trustee deems may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the "Servicing Certificate"). The Indenture Trustee pursuant to Section 3.25 of the Indenture shall forward or desirablecause to be forwarded by mail to each Certificateholder, or which Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a Securityholder reasonably requestsstatement setting forth the following information as to the Notes and Certificates, to enable Securityholders the extent applicable: (i) the aggregate amount paid to prepare their tax returnsNoteholders; 4. (ii) the Scheduled Payments for amount of such Payment Date and distribution as principal to the respective provisions Noteholders; (iii) the amount of such distribution as interest to the Noteholders, separately stating the portion thereof allocable to principal and in respect of overdue accrued interest; 5. (iv) the Available Distribution Amount number and Aggregate Loan Balance of the Loans as of the end of the related Due Period; (v) the number and aggregate Principal Balances of Loans (a) as to which the Monthly Payment is Delinquent for 30 59 days, 60 89 days and 90 or more days, respectively, (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Due Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date Date; (separately indicating vi) the amount weighted average Loan Rate for the related Due Period; (vii) the Note Balance after giving effect to be distributed as a prepayment the distribution of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. (viii) the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of Certificate Distribution Amount immediately following such Payment Date; 8. with respect to any reimbursement to be made to (ix) the Insurer on such Payment Date pursuant to Sections 8.3(a)(iiiaggregate Servicing Fees for the related Due Period; (x) and (v) of the Indenture, the amount, if any, allocable to principal Overcollateralization Amount and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on Overcollateralization Target Amount immediately following such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii(xi) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of amount recovered during the related Due Date; 15. the number and aggregate unpaid principal balance Period consisting of Mortgage Loans (a) 30 all subsequent recoveries on any Loan that was 180 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution to be made on such Payment Date to the Holders of the Certificatesdelinquent. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate, as applicable, with a $1,000 denomination. Within a reasonable period The Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of time after the end Indenture. Prior to the close of business on the Business Day next succeeding each calendar yearDetermination Date, the Servicer shall furnish a written statement to the Indenture Trustee, Certificate Paying Agent and the Indenture Trustee shall forward to each Person who at any time during setting forth the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as aggregate amounts required to enable be withdrawn from the Holders of Custodial Account and deposited into the Notes Note Account on the Business Day preceding the related Payment Date pursuant to prepare their tax returnsSection 3.05. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided The determination by the Servicer pursuant of such amounts shall, in the absence of obvious error, be presumptively deemed to any requirements of be correct for all purposes hereunder and the Code as from time to time are in force. On each Payment Date, the Owner Trustee and Indenture Trustee shall forward to be protected in relying upon the Trustsame without any independent check or verification. In addition, upon the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Issuer's written request, the Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Indenture Trustee, Servicer to enable the Issuer to perform its federal and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerstate income tax reporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (GE-WMC Mortgage Securities, L.L.C.)

Statements to Securityholders. On Not later than 10:00 A.M. on each Servicer Remittance Determination Date, the Servicer shall deliver provide to the Trust, the Indenture Trustee, the Insurer and in electronic form (with a copy to the Rating Agencies by telecopy (or by such other means as the Servicer and each Paying Agent), and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and Trustee shall forward to each Bondholder of record as of the Indenture most recent Record Date and to the Owner Trustee by overnight mail (with a computer readable magnetic tape or diskette copy to each Paying Agent under the Trust Agreement for such Paying Agent to forward to each Certificateholder of such report. Both reports (each a "Remittance Report"record as of the most recent Record Date) shall contain the following informationstatements: (a) a statement substantially in the form of Exhibit B, setting forth, to the extent applicable: 1. the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(gi) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which of the Scheduled Payments for such Payment Date exceeds distributions to the Available Distribution Amount expected to be on deposit in the Distribution Account holders of each Class of Bonds on such Payment Distribution Date applied to reduce the aggregate Bond Class Balance thereof; (ii) the amount of the distributions to holders of each Class of Bonds on such Distribution Date allocable to (A) interest, (B) Interest Carryover Shortfalls and (C) Prepayment Premiums; (iii) the outstanding Funding Note Balance as of the related Determination Date; 7. (iv) the amount number and Aggregate Stated Principal Balance of Monthly Advances to be made by outstanding Mortgage Loans in the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment DateMortgage Pool; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal number and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of Mortgage Loans in the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans Pool (aA) 30 days past duedelinquent one month, (bB) 60 days past duedelinquent two months, (cC) 90 delinquent three or more days past due and months or (dD) as to which foreclosure proceedings have been commenced; 16. (vi) with respect to any Mortgage Loan that became an REO Property acquired during the preceding calendar monthrelated Collection Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such the related Mortgage Loan as of the date it became an of acquisition of the REO Property; 17. (vii) (A) the book most recent appraised value of any REO Property as of the close of business on related Determination Date, (B) as to any REO Property sold during the last Business Day related Collection Period, the date of the calendar month preceding related determination by the Payment Special Servicer that it has recovered all related proceeds that it expects to be finally recoverable and the amount of the proceeds of such sale deposited into the Collection Account, and (C) the aggregate amount of other revenues collected by the Servicer or the Special Servicer with respect to each REO Property during the related Collection Period and credited to the Collection Account, in each case identifying such REO Property by the loan number of the related Mortgage Loan; (viii) the aggregate Bond Class Balance of each Class of Bonds before and after giving effect to the distributions made on such Distribution Date; 18. (ix) the aggregate amount of Principal Prepayments made during the related Collection Prepayment Period; 19. (x) the aggregate amount of servicing compensation retained by or paid to the Servicer and the Special Servicer; (xi) the amount of Realized Losses Losses, if any, incurred with respect to the Mortgage Loans during the related Collection Period; 20. (xii) the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance Servicing Advances and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class P&I Advances outstanding as of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished pursuant to clauses (1) through (3) above, the amounts shall be expressed as a dollar amount per Single Security. Within a reasonable period of time after the end of each the prior calendar yearmonth that have been made by the Servicer, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment DateSpecial Servicer, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the ServicerFiscal Agent, a copy separately stated; (xiii) the Overcollateralization Level at the close of the reports forwarded to the Class A Noteholders business on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Distribution Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth ; (xiv) the amount, if any, actually distributed with respect withdrawn from the Collection Account and paid to the CertificatesFiscal Agent, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during Servicer or the term of this Agreement, such periodic, special, or other reports or information, whether or not provided Special Servicer as reimbursement for herein, as shall be reasonable Nonrecoverable Advances; (xv) with respect to any Mortgage Loan that is delinquent in respect of three or more Monthly Payments, (A) the Securityholderloan number thereof, or otherwise with (B) the unpaid balance thereof, (C) whether the delinquency is in respect to of any Balloon Payment, (D) the purposes aggregate amount of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable unrexxxxxxxx X&X Advances and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicer.Servicing

Appears in 1 contract

Samples: Sale and Servicing Agreement (Allied Capital Corp)

Statements to Securityholders. On each Servicer Remittance Distribution Date, the Servicer shall deliver prepare and will include with the distribution to the Trusteach Securityholder, the Indenture TrusteeMonthly Report, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on setting forth for the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain Due Period the following information: 1. (i) the amount of collections on the Contracts during the immediately preceding Due Period; (ii) the Amount Available for payment of all amounts distributable in respect of the Securities and the Servicer Payment; (iii) the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes distribution allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture)Notes and to the Certificate Balance of the Certificates, including any overdue principal; 2. (iv) the amount of the payment distribution allocable to be made interest on such Payment Date or with respect to the Holders of each class of Class A Notes allocable to Securities, including any overdue interest; 3. (v) the Pool Balance, the Note Pool Factor and the Certificate Pool Factor as of the end of the related Due Period; (vi) the Servicer Payment for such Distribution Date; (vii) the amount of Monthly Advances and Non-Reimbursable Payments on such date; (viii) the amount, if any, withdrawn from the Cash Collateral Account and distributed to the Certificateholders with respect to such Distribution Date; (ix) the Available Cash Collateral Amount, after giving effect to any deposit to or withdrawal from the Cash Collateral Account with respect to such Distribution Date, and such amount expressed as a percentage of the Pool Balance; (x) the aggregate principal balance of all Contracts which were delinquent 30, 60 and 90 days or more as of the last day of the related Due Period; (xi) the amount of servicing compensation received investment earnings, net of losses and investment expenses on amounts on deposit in the Collection Account; (xii) during the Funding Period, the amount of funds on deposit in the Pre-Funding Account; (xiii) during the Funding Period, the number and aggregate principal balance of Subsequent Contracts; (xiv) during the Funding Period, the number and aggregate principal balance of Subsequent Contracts purchased by the Servicer Trust on the related Distribution Date; (xv) during the Funding Period, the amount, if any, withdrawn from the Capitalized Interest Account to make payments of interest on the Securities; (xvi) during the Funding Period, the amount remaining on deposit in the Capitalized Interest Account; (xvii) during the Funding Period, the amount investment earnings, net of losses and investment expenses on amounts on deposit in the Pre-Funding Account; (xviii) during the Funding Period, the amount investment earnings, net of losses and investment expenses on amounts on deposit in the Capitalized Interest Account; (xix) on the Distribution Date immediately following the end of the Funding Period (or if the Funding Period ends on a Distribution Date on such Distribution Date), the aggregate principal amount and percentage of each of the Notes and Certificates which are being redeemed; (xx) the aggregate principal balance of all Contracts which became Defaulted Contracts during the related Collection Period Due Period; (xxi) the number and such other customary information within aggregate principal amount of Contracts which were prepaid, in part or in whole, during the knowledge related Due Period; (xxii) the aggregate outstanding principal balance of the Indenture Trustee Notes as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, of such Distribution Date after giving effect to enable Securityholders to prepare their tax returnsany distributions on such Distribution Date; 4. (xxiii) the Scheduled Payments for Certificate Balance as of such Payment Distribution Date after giving effect to any distributions thereon and the respective provisions thereof allocable to principal and interestreductions thereto on such Distribution Date; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(gxxiv) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date amount due to be distributed to Noteholders and Certificateholders exceeds the Available actual amount distributed on the related Distribution Amount expected Date to be on deposit in the Distribution Account on such Payment DateNoteholders and Certificateholders, respectively; 7. (xxv) the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Draw Amount, if any, for and the Final Draw Amount (if applicable) with respect to such Payment Distribution Date; 28. (xxvi) the Subordination Reduction Required Cash Collateral Amount, if any, for such Payment Date; and; 29. (xxvii) the amount of the distribution surplus to be made on such Payment Date distributed to the Holders holder of the Certificates. In GP Interest after all payments have been made in respect of the case of information furnished pursuant to clauses (1) through (3) above, Securities and the amounts shall be expressed as a dollar amount per Single SecurityServicer Payment has been paid. Within a reasonable period of time after the end of each calendar year, but not later than the latest date permitted by law, the Servicer shall furnish or cause to the Indenture Trustee, and the Indenture Trustee shall forward be furnished to each Person who at any time during the calendar year was a Holder of a Note (a) Securityholder a statement containing the information set forth in clauses (1) through (3) above, aggregated for with respect to interest accrued and principal paid on its Securities during such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returnsyear. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by to the Servicer Securityholders pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Cit Group Securitization Corp Ii)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Servicer shall deliver forward the Servicing Certificate to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, pursuant to Section 3.26 of the Insurer or Indenture, shall make such Servicing Certificate available to each Certificateholder, each Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating AgenciesAgency, as with a copy to the case may be, may agree from time to time) a report prepared by Enhancer. The Servicing Certificate shall set forth the Servicer following information as to the distributions to be made on the related Payment Date Notes and shall forward Certificates, to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following informationextent applicable: 1. the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(gi) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable(a) Interest Collections, or which a Securityholder reasonably requests(b) Principal Collections (and, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made Payment Date relating to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iiiManaged Amortization Period, Net Principal Collections) and (vc) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on Substitution Adjustment Amounts for such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. (ii) the amount of any Insurance Payment such distribution as principal to be made the Noteholders; (iii) the amount of such distribution as interest to Class A Noteholders on such Payment Datethe Noteholders, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made payable in respect of such Notes on such unpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase (iv) each Deficiency Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; (v) the amount of such distribution to the Certificateholders; (vi) the amount of any Additional Balance Increase Amount payable to the Certificateholders and the amount of Principal Collections paid in respect of such Additional Balance Increase Amount; (vii) the aggregate Principal Balance of the Mortgage Loans as of the end of the preceding Collection Period; (viii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days and 150-179 days, respectively, (b) the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information shall not be provided on the statements relating to the first Payment Date; 28. (ix) the Subordination Reduction number and aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 3.15(a) herein during such Collection Period; (x) the Net WAC Rate for the related Collection Period; (xi) prior to the second Determination Date following the commencement of the Rapid Amortization Period, the aggregate amount of Additional Balances created during the previous Collection Period and conveyed to the Issuer prior to the commencement of such Rapid Amortization Period; (xii) the aggregate Liquidation Loss Amounts (other than amounts allocated in respect of the Excluded Amount) with respect to the related Collection Period, if any, for the amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts and other than amounts allocated in respect of the Excluded Amount) from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (xiii) the Note Balance and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; and; 29. (xiv) the amount balance of the distribution Pre-Funding Account, Funding Account and Capitalized Interest Account as of the end of the preceding Collection Period; (xv) the Percentage Interest applicable to be each of the Securities, after application of payments made on such Payment Date Date; (xvi) the Overcollateralization Amount as of the end of the preceding Collection Period; and (xvii) the aggregate Principal Balance of Subsequent Mortgage Loans transferred to the Holders of the CertificatesTrust Estate. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate, as applicable, with a $25,000 denomination and per Certificate with a denomination equal to a 100% Percentage Interest. Within If a reasonable period Managed Amortization Event, a Rapid Amortization Event or a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, a statement to such effect, including the nature of time after such Rapid Amortization Event or Servicing Default. The Indenture Trustee shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the end Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Managed Amortization Event, Rapid Amortization Event or Servicing Default, including, in the case of a Rapid Amortization Event or a Servicing Default, the nature thereof. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee shall make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each calendar yearmonth to Securityholders, and other parties to this Agreement via mail, courier, email, facsimile copy, the Indenture Trustee's internet website or other electronic means. The Indenture Trustee's internet website shall initially be located at "xxxx://xxx.xxxxxxxx.xxx/absmbs". Assistance in using the website can be obtained by calling the Indenture Trustee's customer service desk at (000) 000-0000. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website (b) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture TrusteeTrustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Note Payment Account, Funding Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.04. The determination by the Servicer of such amounts shall, in the absence of obvious error, be deemed to be presumptively correct for all purposes hereunder, and the Owner Trustee and the Indenture Trustee shall forward to each Person who at be protected in relying upon the same without any time during independent check or verification. In addition, upon the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Indenture Trustee, Servicer to enable the Issuer to perform its federal and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerstate income tax reporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (Wachovia Asset Sec Inc Asst Back Notes Ser 2002 He1)

Statements to Securityholders. (a) On each Servicer Remittance Distribution Date, the Servicer shall deliver to the Trust, (i) the Indenture TrusteeTrustee shall include with each distribution to each Noteholder of record as of the related Record Date and (ii) the Owner Trustee shall include with each distribution to each Certificateholder of record as of the related Record Date a statement, prepared by the Insurer and Master Servicer, based on the Rating Agencies by telecopy (information in the Distribution Date Statement furnished pursuant to Section 4.09, setting forth for such Distribution Date the following information as of the related Record Date or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating AgenciesDistribution Date, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following information: 1. (i) the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes distribution allocable to principal (stated separately indicating the amount to be paid as a prepayment for each Class of principal pursuant to Section 8.3(g) of the IndentureNotes); 2. (ii) the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes distribution allocable to interest; 3. the aggregate amount interest (stated separately for each Class of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the IndentureNotes); 6. (iii) the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Aggregate Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day day of such Due Period; (iv) the amount of the calendar month Servicing Fee paid to the Master Servicer with respect to the related Due Period; (v) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding the Payment Distribution Date; 18. (vi) the aggregate amount Note Pool Factor for each Class of Principal Prepayments made during the related Collection Period; 19. the aggregate amount Notes as of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the such Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to payments allocated to principal reported under clause (i) above; (vii) the Certificate Distributable Amount; and (viii) the amount on deposit in the Spread Account on such Distribution Date, after giving effect to distributions to be made on such Payment Distribution Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date , and the respective portions thereof, if any, paid under change in such balance from the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment immediately preceding Distribution Date; 24. the aggregate Each amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished set forth pursuant to clauses (1i), (ii), (iv) through and (3v) above, the amounts above shall be expressed in the aggregate and as a dollar amount per Single Security. $1,000.00 original principal amount of a Note. (b) Within a reasonable period of time after the end of each calendar year, but not later than the Servicer shall furnish to the Indenture Trusteelatest date permitted by law, and the Indenture Trustee shall forward mail to each Person who at any time during the such calendar year was shall have been a Holder of a Note (a) a statement containing or statements, prepared by the information Master Servicer, which in the aggregate contain the sum of the amounts set forth in clauses (1i), (ii), (iv) through and (3v) above, aggregated above for such calendar year or or, in the event such Person shall have been a Holder of a Note during a portion of such calendar year, for the applicable portion thereof during which of such person was a Noteholder and (b) year, for the purposes of such information contained in the Remittance Reports as required to enable the Holders Noteholder's preparation of the Notes to prepare their federal income tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment DateIn addition, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Master Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward for distribution to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, at such time any other information necessary under applicable law for the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term preparation of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerincome tax returns.

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Receivables Corp 2)

Statements to Securityholders. On e) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following information: 1. the amount of the payment to be made on such Payment Date Loan information reasonably available to the Holders of each Class of Class A Notes allocable Servicer with respect to principal the Loans as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (separately indicating the amount to be paid as a prepayment of principal “Servicing Certificate”). The Indenture Trustee pursuant to Section 8.3(g) 3.23 of the Indenture); 2. the amount of the payment Indenture shall forward or cause to be made on such Payment Date forwarded by mail to each Certificateholder, Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information as to the Holders of each class of Class A Notes allocable and Certificates, to interest;the extent applicable: 3. (i) the aggregate amount of servicing compensation received by the Servicer during the related Collection Period (a) Interest Remittance Amount, (b) Principal Remittance Amount and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns(c) Substitution Amounts; 4. (ii) the Scheduled Payments for amount of such Payment Date and distribution as principal to the respective provisions Noteholders; (iii) the amount of such distribution as interest to the Noteholders, separately stating the portion thereof allocable to principal and in respect of overdue accrued interest; 5. (iv) the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) number and Aggregate Loan Balance of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect Loans as of the related Payment Date, the aggregate amount end of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. (v) the Cumulative Loss Percentage for number and aggregate Principal Balances of Loans (a) as to which (i) one Monthly Payment is Delinquent, (ii) two Monthly Payments are Delinquent or (iii) three or more Monthly Payments are Delinquent, (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii(vi) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal average balance, weighted average remaining term to maturity and weighted average Mortgage Loan Rate of the Mortgage Loans as of the related Due Date; 15. (vii) the Class Principal Balance after giving effect to the distribution of principal on such Payment Date; (viii) the Certificate Distribution Amount immediately following such Payment Date; (ix) the aggregate Servicing Fees for the related Collection Period; (x) the Overcollateralization Amount and the Targeted Overcollateralization Amount immediately following such Payment Date; (xi) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into since the Closing Date; (xii) the aggregate unpaid principal balance amount recovered during the related Collection Period consisting of Mortgage Loans (a) 30 all subsequent recoveries on any Loan that was 180 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenceddelinquent; 16. with respect to any Mortgage Loan that became an REO Property during (xiii) the preceding calendar monthrelated Basis Risk Shortfall for the Class A, Class M-1 and Class B-1 Notes and the Available Funds Shortfall for the Class B-2 Notes on each Payment Date; (xiv) the applicable record dates, accrual periods and determination dates for determining distributions and general Payment Dates; (xv) the total cash flows received and the general sources thereof; (xvi) the Note Rate for each Class of Notes; (xvii) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances), the loan number aggregate amount of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of unreimbursed Advances at the close of business on the last Business Day of the calendar month preceding the Payment Date, and the general source of funds for reimbursements; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. (xviii) the aggregate amount of Realized Losses incurred during the related Collection PeriodDue Period and the cumulative amount of Realized Losses; 20. (xix) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the aggregate amount of extraordinary expenses withdrawn from the Collection Account preceding calendar month or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Datethat have become material over time; and 29. (xx) information about any additions of, substitutions for or removal of any Mortgage Loans from the amount of Trust Fund, and any changes in the distribution underwriting, acquisition or selection criteria as to be made on such Payment Date any Mortgage Loans added to the Holders of the CertificatesTrust Fund. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single Security. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Serviceras applicable, with a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicer$1,000 denomination.

Appears in 1 contract

Samples: Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by overnight mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain statement setting forth the following informationinformation as to the Notes and Certificates, to the extent applicable: 1. (i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificates; (ii) the amount of the payment to be made on such Payment Date distribution to the Holders Securityholders of each Class the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of Class A Notes allocable to principal (separately indicating the Accelerated Principal Distribution Amount and the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit deposited in the Distribution Funding Account on such Payment Date; 7. (iii) the amount of Monthly Advances such distribution to be made by the Servicer Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest; (iv) the related Credit Enhancement Draw Amount, if any, for such Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, Date and the aggregate amount of Nonrecoverable Monthly Advances prior draws thereunder not yet reimbursed; (v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loans; (vi) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period; (vii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and (viii) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account; (ix) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Depositor exceeds the Cut-Off Date Pool Balance; (x) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date; (xi) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date; 8. with respect to any reimbursement to be made (xii) the respective Security Percentage applicable to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) Notes and (v) Certificates, after application of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be payments made on such Payment Date; 10. (xiii) the Delinquency Percentage for amount distributed pursuant to Section 3.05(a)(xi) of the related Collection Period; 11. the Cumulative Loss Percentage for Indenture on such Payment Date; 12. (xiv) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (xv) the total cash flow received and the general sources thereof; (xvi) the related amount of the Servicing Fees paid to or retained by the Master Servicer for the related Due Period; (xvii) the amount of any Insurance Net Swap Payment payable to be made the Derivative Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Derivative Administrator and any Swap Termination Payment payable to the Swap Provider; (xviii) the Interest Carry Forward Amount and any Basis Risk Shortfall Carry Forward Amount for each Class A Noteholders of Certificates; (xix) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of each Class after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (xx) the number and Stated Principal Balance of the Mortgage Loans in each Loan Group in respect of which (A) one Scheduled Payment is Delinquent, (B) two Scheduled Payments are Delinquent, (C) three or more Scheduled Payments are Delinquent and (D) foreclosure proceedings have been commenced, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and separately identifying such information for the (1) first lien Mortgage Loans, (2) second lien Mortgage Loans, and (3) Adjustable Rate Mortgage Loans, in each such Loan Group; PROVIDED, HOWEVER, that such information will not be provided on the statements relating to the first Payment Date, ; (xxi) the amount of any reimbursement payment to be made to Advances included in the Insurer distribution on such Payment Distribution Date pursuant (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances at the close of business on the Distribution Date, and the general source of funds for reimbursements; (xxii) the cumulative amount of Applied Realized Loss Amounts to Section 8.3(a)(iiidate; (xxiii) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxiv) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the loan number and Stated Principal Balance of, and Realized Loss on, such Mortgage Loan as of the Indenture and close of business on the amount of Cumulative Insurance Payments after giving effect to any Determination Date preceding such Insurance Payment to Class A Noteholders or any such reimbursement payment to the InsurerDistribution Date; 13. (xxv) the total number and principal balance of any real estate owned or REO Properties as of the close of business on the Determination Date preceding such Distribution Date; (xxvi) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and any REO Properties at the close denominator of business on such Payment Date; 14. which is the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate Stated Principal Balance of all of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property in each case as of the close of business on the last Business Day day of the calendar month preceding such Distribution Date and separately identifying such information for the Payment Date(1) first lien Mortgage Loans, and (2) Adjustable Rate Mortgage Loans; 18. (xxvii) the aggregate amount of Principal Prepayments made Realized Losses during the related Collection PeriodPrepayment Period and the cumulative Realized Losses through the end of the preceding month; 19. the aggregate amount of Realized Losses incurred during the related Collection Period(xxviii) whether a Trigger Event exists; 20. (xxix) updated pool composition data including the aggregate amount following with respect to each Loan Group: average loan balance, weighted average mortgage rate, weighted average loan-to-value ratio at origination, weighted average FICO at origination weighted average remaining term; and [NOTE - Item 1121(a)(8) requires updated pool composition information, the foregoing is a suggestion of extraordinary expenses withdrawn what to provide] (xxx) information about any additions of, substitutions for or removal of any Mortgage Loans from the Collection Account Trust Fund, and any changes in the underwriting, acquisition or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect selection criteria as to any Mortgage Loans added to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution to be made on such Payment Date to the Holders of the CertificatesTrust Fund. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate with a $1,000 denomination. Within a reasonable period Prior to the close of time after business on the end of Business Day next succeeding each calendar yearDetermination Date, the Servicer shall furnish a written statement to the Indenture Depositor, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee shall forward setting forth (i) all the foregoing information, (ii) the aggregate amounts required to each Person who at any time during be withdrawn from the calendar year was a Holder of a Note (a) a statement containing Collection Account and deposited into the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (biii) such information contained in the Remittance Reports as required amounts (A) withdrawn from the Payment Account and deposited to enable the Holders Funding Account pursuant to Section 8.02(b) of the Notes Indenture and (B) withdrawn from the Funding Account and deposited to prepare their tax returns. Such obligation the Collection Account pursuant to Section 8.02(c)(i) of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided Indenture. The determination by the Servicer pursuant of such amounts shall, in the absence of obvious error, be presumptively deemed to any requirements of be correct for all purposes hereunder and the Code as from time to time are in force. On each Payment Date, the Owner Trustee and Indenture Trustee shall forward to be protected in relying upon the Trustsame without any independent check or verification. In addition, upon the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Depositor 's written request, the Servicer shall promptly furnish information reasonably requested by the Depositor that is reasonably available to the Indenture Trustee, Servicer to enable the Depositor to perform its federal and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerstate income tax reporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (Impac Secured Assets Corp)

Statements to Securityholders. (a) On each Servicer Remittance Distribution Date, the Servicer shall deliver to the Trust, (i) the Indenture TrusteeTrustee shall include with each distribution to each Noteholder of record as of the related Record Date and (ii) the Owner Trustee shall include with each distribution to each Certificateholder of record as of the related Record Date a statement, prepared by the Insurer and Master Servicer, based on the Rating Agencies by telecopy (information in the Distribution Date Statement furnished pursuant to Section 4.09, setting forth for such Distribution Date the following information as of the related Record Date or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating AgenciesDistribution Date, as the case may be, may agree : (i) the amount of such distribution allocable to principal (stated separately for each Class of Notes); (ii) the amount of such distribution allocable to interest (stated separately for each Class of Notes); (iii) the Interest Distributable Amount for each Class of Notes; (iv) the Class A-3B Rate for the related Interest Period; (v) the amount of any Interest Carryover Shortfall on such Distribution Date and the change in such amounts from time to time) a report prepared by the Servicer as those with respect to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports immediately preceding Distribution Date; (each a "Remittance Report"vi) shall contain the following information: 1. the amount of the payment to be made on such Payment Date Servicing Fee paid to the Holders of each Class of Class A Notes allocable Master Servicer with respect to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returnsPeriod; 4. (vii) the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage Aggregate Net Liquidation Losses for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii(viii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property Delinquent Contracts as of the close of business on the last Business Day day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related such Collection Period; 19. (ix) the aggregate amount Aggregate Principal Balance as of Realized Losses incurred during the related close of business on the last day of such Collection Period; 20. (x) the aggregate principal amount of extraordinary expenses withdrawn from the Collection Account or the each Class of Notes as of such Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to payments allocated to principal reported under clause (i) above; (xi) the Certificate Distributable Amount; (xii) the amount on deposit in the Spread Account on such Distribution Date, after giving effect to distributions to be made on such Payment Distribution Date, and the change in such balance from the immediately preceding Distribution Date; 22. (xiii) the Note Factor for each such Class Overcollateralization Amount and the amount by which the Aggregate Principal Balance exceeds the Outstanding Amount of the Notes applicable (after giving effect to such Payment any payments made to Holders of the Notes on that Distribution Date); 23. (xiv) the Interest Distribution Amount in respect disposition amounts withdrawn from the Spread Account, including the amounts used to increase the level of overcollateralization to the Class A Notes for such Payment Date Overcollateralization Amount, and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Excess Spread Amount, if any, for such Payment Distribution Date; 28. (xv) the Subordination Reduction amount of Net Collections; (xvi) the amount on deposit in the Secondary Spread Account on such Distribution Date, after giving effect to distributions made on such Distribution Date, and the change in such balance from the immediately preceding Distribution Date; (xvii) the Aggregate Principal Balances of all Contracts which were delinquent (A) 30-59 days, (B) 60-89 days, (iii) 90-119 days and (iv) 120 days or more, in each case as of the last day of the related Collection Period; (xviii) during the Pre-Funding Period, the amount, if any, withdrawn from the Pre-Funding Account to purchase Subsequent Contracts during the Pre-Funding Period; and (xix) for the first Distribution Date immediately following the end of the Pre-Funding Period, the Remaining Pre-Funding Amount, if any, for such Payment Date; and 29. the amount as of the distribution to be made on such Payment Date to the Holders close of business of the Certificateslast day of the related Collection Period. In the case of information furnished Each amount set forth pursuant to clauses (1i), (ii), (v) through and (3vi) above, the amounts above shall be expressed in the aggregate and as a dollar amount per Single Security. $1,000.00 original principal amount of a Note. (b) Within a reasonable period of time after the end of each calendar year, but not later than the Servicer shall furnish to the Indenture Trusteelatest date permitted by law, and the Indenture Trustee shall forward mail to each Person who at any time during the such calendar year was shall have been a Holder of a Note (a) a statement containing or statements, prepared by the information Master Servicer, which in the aggregate contain the sum of the amounts set forth in clauses (1i), (ii), (v) through and (3vi) above, aggregated of above for such calendar year or or, in the event such Person shall have been a Holder of a Note during a portion of such calendar year, for the applicable portion thereof during which of such person was a Noteholder and (b) year, for the purposes of such information contained in the Remittance Reports as required to enable the Holders Noteholder's preparation of the Notes to prepare their federal income tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment DateIn addition, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Master Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward for distribution to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholderat such time any other information necessary under applicable law for the preparation of such income tax returns. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicer.ARTICLE SIX

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Financial 2005-3 Owner Trust)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the Business Day following the related Payment Determination Date and the Master Servicer shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain and the following information: 1. the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal Indenture Trustee pursuant to Section 8.3(g) 3.26 of the Indenture); 2. the amount of the payment Indenture shall forward or cause to be made on such Payment Date forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information as to the Holders of each class of Class A Notes allocable and Certificates, to interest;the extent applicable: 3. (i) the aggregate amount of servicing compensation received by the Servicer during the related Collection Period (a) Interest Collections, (b) Principal Collections and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns(c) Substitution Adjustment Amounts; 4. (ii) the Scheduled Payments for amount of such Payment Date and distribution as principal to the respective provisions Noteholders; (iii) the amount of such distribution as interest to the Noteholders, separately stating the portion thereof allocable to principal and in respect of overdue accrued interest; 5. the Available Distribution Amount for such Payment Date (separately indicating iv) the amount of any Credit Enhancement Draw Amount; (v) the amount of such distribution as principal and interest to be distributed as a prepayment of principal pursuant to Section 8.3(g) the Certificateholders of the Indenture)Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Principal Balance thereof; 6. (vi) the amount, if any, by aggregate Loan Balance of the Revolving Credit Loans as of the end of the preceding Collection Period; (vii) the number and aggregate Loan Balances of Revolving Credit Loans (a) as to which the Scheduled Payments Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed and (c) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such Payment Date exceeds information will not be provided on the Available Distribution Amount expected statements relating to be on deposit in the Distribution Account on such first Payment Date; 7. (viii) the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage weighted average Net Loan Rate for the related Collection Period; 11. (ix) the Cumulative aggregate Liquidation Loss Percentage for such Payment Date; 12. Amounts with respect to the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Daterelated Collection Period, the amount of any reimbursement payment to be made Liquidation Loss Distribution Amounts with respect to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) Notes, and the aggregate of the Indenture Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance; (x) the aggregate Excess Loss Amounts with respect to the related Collection Period and the amount aggregate of Cumulative Insurance Payments the Excess Loss Amounts from all Collection Periods to date; (xi) the aggregate Special Hazard Losses, Fraud Losses, Bankruptcy Losses and losses caused by or resulting from an Extraordinary Event with respect to the related Collection Period and the aggregate of each of such losses from all Collection Periods to date; (xii) the Note Balance of each Class of Notes and the Certificate Principal Balance of the Certificates after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance distribution of the Mortgage Loans and any REO Properties at the close of business principal on such Payment Date; 14. (xiii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of Servicing Fees for the related Due Date; 15. the number Collection Period and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during Draws for the related Collection Period;; and 19. (xiv) the aggregate amount of Realized Losses incurred during Outstanding Reserve Amount, the related Collection Period; 20. Special Hazard Amount, the aggregate amount of extraordinary expenses withdrawn from Fraud Loss Amount, the Collection Account or Bankruptcy Loss Amount and the Distribution Account for Reserve Amount Target immediately following such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityVariable Funding Note, Term Note or Certificate, as applicable, with a $1,000 denomination. Within a reasonable period In addition the Master Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.5 of time after the end Indenture. Prior to the close of business on the Business Day next succeeding each calendar yearDetermination Date, the Master Servicer shall furnish a written statement to the Indenture Trustee, Certificate Paying Agent and the Indenture Trustee shall forward setting forth the aggregate amounts required to each Person who at any time during be withdrawn from the calendar year was a Holder Custodial Account and deposited into the Payment Account on the Business Day preceding the related Payment Date pursuant to Section 3.3. The determination by the Master Servicer of a Note (a) a statement containing the information set forth in clauses (1) through (3) abovesuch amounts shall, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Holders of the Notes Issuer to prepare their perform its federal and state income tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerreporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Servicer shall deliver forward the Servicing Certificate to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time pursuant to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following information: 1. the amount Section 3.26 of the payment to be made Indenture, shall on such Payment Date make such Servicing Certificate available to each Certificateholder, each Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent, the Paying Agent and each Rating Agency, with a copy to the Holders of each Class of Class A Notes allocable to principal (separately indicating Enhancer. The Servicing Certificate shall set forth the amount to be paid following information as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable and Certificates, to interest;the extent applicable: 3. (i) the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable(a) Interest Collections, or which a Securityholder reasonably requests(b) Principal Collections (and, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made Payment Date relating to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iiiManaged Amortization Period, Net Principal Collections) and (vc) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on Substitution Adjustment Amounts for such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. (ii) the amount of any Insurance Payment such distribution as principal to be made the Noteholders; (iii) the amount of such distribution as interest to Class A Noteholders on such Payment Datethe Noteholders, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made payable in respect of such Notes on such unpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase (iv) each Deficiency Amount, if any, for such Payment DateDate and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished pursuant to clauses (1v) through (3) above, the amounts shall be expressed as a dollar amount per Single Security. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed received under the Yield Maintenance Agreement; (vi) the amount of such distribution to the Certificateholders; (vii) the amount of any Additional Balance Increase Amount payable to the Certificateholders and the amount of Principal Collections paid in respect of such Additional Balance Increase Amount; (viii) the aggregate Principal Balance of the Mortgage Loans as of the end of the preceding Collection Period; (ix) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and 180 or more days, respectively, (b) the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information shall not be provided on the statements relating to the first Payment Date; (x) LIBOR for each of the Class A-1 Notes and Class A-2 Notes for the related Interest Period; (xi) the Note Rate for each of the Class A-1 Notes and the Class A-2 Notes for such Payment Date; (xii) the Net WAC Rate for the related Collection Period; (xiii) prior to the second Determination Date following the commencement of the Rapid Amortization Period, the aggregate amount of Additional Balances created during the previous Collection Period and conveyed to the Issuer prior to the commencement of such Rapid Amortization Period; (xiv) the aggregate Liquidation Loss Amounts (other than amounts allocated in respect of the Excluded Amount) with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon requestrelated Collection Period, the Servicer shall furnish amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts and other than amounts allocated in respect of the Excluded Amount) from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (xv) the Note Balance of the Notes and the Certificate Balance of the Certificates after giving effect to the Indenture Trustee, and distribution of principal on such Payment Date; (xvi) the Indenture Trustee shall forward balance of the Funding Account as of the end of the preceding Collection Period; (xvii) the Percentage Interest applicable to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with Securities, after application of payments made on such reasonable and explicit instructions and directions Payment Date; (xviii) the Overcollateralization Amount as of the Securityholder may provide. For purposes end of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicer.preceding Collection Period;

Appears in 1 contract

Samples: Servicing Agreement (Wachovia Asset Securitization Inc 2002 He2 Trust)

Statements to Securityholders. (a) On each Servicer Remittance Distribution Date, the Servicer shall deliver provide to the TrustOwner Trustee (with copies to the Depositor, the Rating Agencies and each Paying Agent) to forward to each Certificateholder of record, and to the Indenture Trustee, either directly or through a Paying Agent, to forward to each Noteholder of record a statement, based on the Insurer and related Servicer's Certificate setting forth at least the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer following information as to the distributions Securities with respect to be made on the related Payment Distribution Date and shall forward Collection Period, in substantially the form of Exhibit B, to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following informationextent applicable: 1. (i) the amount of such distribution allocable to principal for each Class of Notes; (ii) the payment Priority Principal Distributable Amount; (iii) the Secondary Principal Distributable Amount; (iv) the Tertiary Principal Distributable Amount; (v) the Regular Principal Distributable Amount; (vi) the amount of such distribution allocable to be made current and overdue interest (including any interest on such Payment Date to overdue interest) for each Class of Notes; (vii) the Holders Total Servicing Fee; (viii) the Total Trustee Fees; (ix) the aggregate outstanding principal balance of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable Note Pool Factor with respect to principal and interest; 5. the Available Distribution Amount for such Payment Date each Class of Notes (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding each case after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Datepayments allocated to principal reported under clause (i) above); 8. with respect to any reimbursement to be made to (x) the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Pool Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. (xi) the Reserve Fund Amount on such Distribution Date (after giving effect to all deposits to or withdrawals from the Reserve Fund on such Distribution Date) and the Reserve Fund Draw Amount; (xii) the aggregate amount Purchase Amount of Realized Losses incurred during Receivables repurchased by the Seller or purchased by the Servicer, if any, with respect to the related Collection Period; 20. (xiii) the number and aggregate amount Principal Balance of extraordinary expenses withdrawn from Receivables that were 31-60 days, 61-90 days or 91 days or more delinquent as of the last day of the related Collection Account or the Distribution Account for such Payment DatePeriod; 21. (xiv) the Class A-1 Net Losses with respect to the related Collection Period; (xv) the Overcollateralization Target Amount and the amount by which the Pool Balance exceeds the Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, (after giving effect to any payments made to the distributions to be made Noteholders on such Payment Distribution Date); 22. (xvi) the Note Factor amount of Available Collections for each such Class of Notes applicable to such Payment Datethe related Collection Period; 23. (xvii) the Interest Distribution Amount in respect of the Class A Notes for such Payment Date Cumulative Net Loss Percentage and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Sequential Payment DateTrigger; 24. (xviii) the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Yield Supplement Account Draw Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. (xix) the amount of Excess Collections. (b) Within the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished pursuant to clauses (1) through (3) above, the amounts shall be expressed as a dollar amount per Single Security. Within a reasonable prescribed period of time for tax reporting purposes after the end of each calendar yearyear during the term of the Issuer, but not later than the latest date permitted by law, the Servicer shall furnish to the Indenture related Trustee, and the Indenture Trustee upon receipt thereof, shall forward mail to each Person who at any time during the such calendar year was shall have been a Holder of Securityholder, a Note (a) a statement statement, prepared by the Servicer, containing the certain information set forth in clauses (1) through (3) above, aggregated for such calendar year or or, in the event such Person shall have been a Securityholder during a portion of such calendar year, for the applicable portion thereof during which of such person was a Noteholder and (b) year, for the purposes of such information contained in the Remittance Reports as required to enable the Holders Securityholder's preparation of the Notes to prepare their federal income tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar yearIn addition, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward Trustees for distribution to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, at such time any other information necessary under applicable law for the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term preparation of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerincome tax returns.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC)

Statements to Securityholders. On each Servicer Remittance Distribution Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward provide to the Indenture Trustee by overnight mail (with a computer readable magnetic tape or diskette copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward to each Noteholder of such report. Both reports record as of the most recent Record Date and to the Owner Trustee (with a copy to each Paying Agent) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date a "Remittance Report") shall contain statement substantially in the form of Exhibit B, setting forth at least the following information: 1. information as to the Securities to the extent applicable: (i) the amount of the payment such distribution allocable to be made on such Payment Date principal allocable to each Class of Notes and to the Holders Certificates; (ii) the amount of such distribution allocable to interest allocable to each Class of Notes and to the Certificates; (iii) the Outstanding Amount of each Class of Class A Notes allocable to principal (separately indicating Notes, the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of Note Pool Factor for each such Class, the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date Certificate Balance and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property Certificate Pool Factor as of the close of business on the last Business Day day of the calendar month preceding Collection Period, after giving effect to payments allocated to principal reported under clause (i) above; (iv) the Payment Date; 18. amount of the Servicing Fee paid to the Servicer and the amount of any fees payable to the Owner Trustee or the Indenture Trustee with respect to the related Collection Period; (v) the aggregate amounts of Realized Losses, if any, and Cram Down Losses, if any, separately identified, with respect to the related Collection Period; (vi) the amount, if any, of the distribution payable pursuant to claims under the Policy; (vii) the balance of the Spread Account on the related Payment Determination Date after giving effect to deposits and withdrawals to be made on such Distribution Date, if any; (viii) the Pool Balance as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above. (ix) the amount of any Class A-2 Additional Principal Prepayments made Distribution Amount on such Distribution Date; (x) the amount of any deposit to the Spread Account and the amount and application of any funds withdrawn from the Spread Account; (xi) the aggregate principal balance of all Receivables that became Liquidated Receivables or Purchased Receivables during the related Collection Period; 19. ; (xii) the aggregate amount principal balance of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account Receivables that are 30 to 59 days, 60 to 89 days or the Distribution Account for such Payment Date; 21. 90 days or more delinquent; (xiii) the Class A-1 Note Interest Carryover Shortfall, the Class A-1 Principal BalanceCarryover Shortfall, the Class A-2 Note Interest Carryover Shortfall, the Class A-2 Principal BalanceCarryover Shortfall, Class A-3 Note the Certificateholders' Interest Carryover Shortfall and the Certificateholders' Principal BalanceCarryover Shortfall, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, if any,in each case after giving effect to the distributions to be made payments on such Payment Distribution Date; 22. , and any change in such amounts from the Note Factor preceding statement; and (xiv) the aggregate Purchase Amounts for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereofReceivables, if any, paid that were purchased during or with respect to such Collection Period. Each amount set forth on the Distribution Date statement under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished pursuant to clauses (1i), (ii), (vi), (ix) through and (3xiii) above, the amounts above shall be expressed as a dollar amount per Single Security. Within a reasonable period $1,000 of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder original principal balance of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificatesor Note, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerapplicable.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Merchants Acceptance Corp)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Servicer shall deliver forward the Servicing Certificate and a computer file containing mutually agreed upon loan level information to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, pursuant to Section 3.26 of the Insurer or Indenture, shall make such Servicing Certificate available to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent, the ISDA Counterparty and each Rating Agencies, as Agency. The Servicing Certificate shall set forth the case may be, may agree from time to time) a report prepared by the Servicer following information as to the distributions to be made on the related Payment Date Notes and shall forward Certificates, to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following informationextent applicable: 1. the amount of the payment to be made on such Payment Date to the Holders of (i) for each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment DateLoan Group, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances(a) Interest Collections, (b) Principal Collections, and the aggregate amount of Nonrecoverable Monthly Advances in respect of (c) Substitution Adjustment Amounts for such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. (ii) the amount of any Insurance Payment such distribution as principal to be made to the Noteholders of each Class A Noteholders on such Payment Date, of Notes; (iii) the amount of any reimbursement payment to be made such distribution as interest to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) Noteholders of the Indenture and the amount each Class of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the InsurerNotes; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (aiv) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; (v) the amount of such distribution to the Certificateholders; (vi) the aggregate Principal Balance of the Home Loans in each Loan Group as of the end of the preceding Collection Period; (vii) the number and aggregate Principal Balances of Home Loans (a) as to which the Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days and 150-179 days, respectively, (b) the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information shall not be provided on the statements relating to the first Payment Date; 28. (viii) the Subordination Reduction Amountaggregate Liquidation Loss Amounts with respect to the related Collection Period, if any, for the amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Home Loans; (ix) the aggregate Note Balance of each Class of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; and; 29. (x) the amount on deposit in each of the distribution Pre-Funding Account and Capitalized Interest Account as of the end of the preceding Collection Period; (xi) the Percentage Interest applicable to be each of the Securities, after application of payments made on such Payment Date Date; (xii) the Overcollateralization Amount as of the end of the preceding Collection Period; (xiii) the amount of any payment to be made to the Holders designee or designees of the CertificatesCredit Enhancer with respect to such Payment Date pursuant to Sections 3.05(a)(i) and 3.30 of the Indenture and the Limited Reimbursement Agreement; (xiv) the weighted average of the Net Loan Rates for the Home Loans for the related Collection Period; (xv) the number and aggregate Principal Balance of Home Loans repurchased pursuant to Section 3.15(a) herein during the related Collection Period; and (xvi) the aggregate Principal Balance of Subsequent Home Loans transferred to the Trust Estate for each Loan Group. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate, as applicable, with a $25,000 denomination. Within If a reasonable period of time after Servicing Default shall occur, on the end of each calendar yearBusiness Day following the related Determination Date, the Servicer shall furnish forward to the Indenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement to such effect, including the nature of such Servicing Default. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the monthly statement to Securityholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.abs.bankone.com". Assistance in xxxxx xxx xxxxxxx can be obtained by calling Indenture Trustee's customer service desk at 800-524-9472. Parties that are unaxxx xx xxx xhe above website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall forward have the right to each Person who at change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any time during the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and changes. (b) such information contained in the Remittance Reports as required In addition, with respect to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, on the Indenture Trustee Business Day following the related Determination Date, the Servicer shall forward to the TrustCredit Enhancer and the Rating Agencies the following information for each Capitalization Workout entered into during the related Collection Period: (i) the original Home Equity Loan amount; (ii) the Home Loan amount after the Capitalization Workout; (iii) the original Monthly Payment amount; (iv) the Monthly Payment amount after the Capitalization Workout; (v) the Capitalized Amount as defined in Section 3.02(a)(v) herein; (vi) the CLTV prior to the Capitalization Workout; (vii) the CLTV after the Capitalization Workout; and (viii) if an appraisal was used in determining the CLTV referred to in (vii) above, the Depositor, each Holder type and date of a Certificate, appraisal. (c) The Servicer shall forward to the Insurer and Indenture Trustee any other information reasonably requested by the Servicer, a copy Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the reports forwarded Indenture. Prior to the Class A Noteholders close of business on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Business Day next succeeding each Determination Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture TrusteeTrustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Note Payment Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be deemed to be presumptively correct for all purposes hereunder, and the Owner Trustee and the Indenture Trustee shall forward to each Person who at be protected in relying upon the same without any time during independent check or verification. In addition, upon the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Indenture Trustee, Servicer to enable the Issuer to perform its federal and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerstate income tax reporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (Residential Asset Mortgage Products Inc)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the related Determination Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail monthly Servicing Reports in a computer readable magnetic tape or diskette of such reportmutually agreeable electronic format. Both reports (each a "Remittance Report") The Servicing Reports shall contain set forth the following informationinformation to the extent applicable: 1. the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(gi) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by (a) Interest Collections, (b) Principal Collections, (c) Substitution Adjustment Amounts and (d) Investor P&I Collections; (a) the Servicer aggregate Loan Balance of the Home Equity Loans as of the end of the preceding Collection Period, (b) the Investor Amount, (c) the aggregate Loan Balance of the Mortgage and (d) the aggregate Loan Balance of the Revolving Credit; (iii) with respect to the Revolving Credit Loans, the aggregate amount of Additional Balances created during the previous Collection Period conveyed to the Issuer; (iv) the number and aggregate Loan Balances of Home Equity Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed and (c) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (v) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance; (vi) the aggregate Servicing Fees for the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage Draws for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii(vii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid outstanding principal balance of Mortgage the three Home Equity Loans (a) 30 days past duehaving the largest outstanding principal balances or Credit Limits, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during applicable for the related Collection Period; 19. (viii) the number and aggregate amount outstanding principal balances of Realized Losses incurred during the Home Equity Loans which are 180 or more days delinquent in the payment of all or any portion of the scheduled interest or principal for the related Collection Period; 20. (ix) the 60+ Delinquency Percentage (Rolling Six Month) for the related Collection Period; (x) the number and the aggregate Loan Balances of Liquidated Home Equity Loans for the related Collection Period; and (xi) the number and the aggregate Loan Balances of Home Equity Loans having an outstanding principal balance (or any other amounts owing but otherwise unpaid) as of or following the final maturity date as set forth in the Related Documents respecting such Home Equity Loans. The Indenture Trustee pursuant to Section 3.26 of the Indenture shall prepare its monthly Statement based solely on the information contained in the Servicing Reports and shall make available such statements to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency. The Indenture Trustee may conclusively rely on the correctness of the information contained in the Servicing Reports, without independent verification thereof. The Statements to Securityholders shall contain the information in the Servicing Report and the following information: (i) the amount of extraordinary expenses withdrawn from such distribution as principal to the Collection Account or the Distribution Account for such Payment DateNoteholders; 21. (ii) the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect amount of such distribution as interest to the distributions to be made on such Payment Date; 22. Noteholders, separately stating the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount portion thereof in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Dateoverdue accrued interest; 24. (iii) the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Credit Enhancement Draw Amount, if any, for such Payment DateDate and the aggregate amount of prior draws thereunder not yet reimbursed; 28. (iv) the Subordination Reduction Amountamount of such distribution as principal and interest to the Certificateholders of the Certificates, if any, separately stating the portion thereof which resulted in a reduction of the Certificate Principal Balance thereof; (v) the weighted average Net Loan Rate for the related Collection Period; (vi) the Note Balance of each Class of Notes and the Certificate Principal Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; and 29. (vii) the amount of Required Overcollateralization Amount for the distribution to be made on such related Payment Date to the Holders of the CertificatesDate. In the case of information furnished pursuant to clauses (1i) through and (3ii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate, as applicable, with a $1,000 denomination. Within The Indenture Trustee will make the monthly statement (and, at its option, any additional files containing the same information in an alternative format) available each month to the Noteholders, the Certificateholders, and the other parties described in the second preceding paragraph via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "xxx.xxxxxxx.xxx". Assistance in using the website can be obtained by calling the Indenture Trustee's customer service desk at (000) 000-0000. Parties that are unable to use the above distribution options are entitled to have a reasonable period paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way monthly Statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders and the Certificateholders and the Indenture Trustee shall provide timely and adequate notification to all the Noteholders and the Certificateholders regarding any such changes. The Indenture Trustee shall deliver to the Credit Enhancer a paper copy of time after such monthly statements. In addition, the end Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on each calendar yearDetermination Date, the Servicer shall furnish a written statement to the Indenture Trustee, Certificate Paying Agent and the Indenture Trustee shall forward to each Person who at any time during setting forth the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as aggregate amounts required to enable be withdrawn from the Holders of Collection Account and deposited into the Notes Payment Account on such Determination Date pursuant to prepare their tax returnsSection 3.03. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided The determination by the Servicer pursuant of such amounts shall, in the absence of obvious error, be presumptively deemed to any requirements of be correct for all purposes hereunder and the Code as from time to time are in force. On each Payment Date, the Certificate Paying Agent and Indenture Trustee shall forward to be protected in relying upon the Trustsame without any independent check or verification. In addition, upon the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Issuer's written request, the Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Indenture Trustee, Servicer to enable the Issuer to perform its federal and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerstate income tax reporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (Heloc Asset-Backed Notes Series 2003-2)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain and the following information: 1. the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal Indenture Trustee pursuant to Section 8.3(g) 3.26 of the Indenture)Indenture shall forward or cause to be forwarded by mail or otherwise make available electronically at www.jpmorgan.com/sfr to each Certificateholder, Noteholder, the Credit Xxxxxxxx, xxx Xxxxxitor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information (the "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (i) the applicable Record Date, Determination Date and Payment Date; 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. (ii) the aggregate amount of servicing compensation payments received by with respect to the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirableHome Equity Loans, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returnsincluding prepayment amounts; 4. (iii) the Scheduled Payments for such Payment Date Servicing Fee and Subservicing Fee payable to the Master Servicer and the respective provisions thereof allocable to principal and interestSubservicer; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(giv) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by any other fees or expenses paid, and the Servicer in respect identity of the related Payment Dateparty receiving such fees or expenses; (v) for each of Loan Group I and Loan Group II, the aggregate amount of Monthly Advances outstanding after giving effect (a) Interest Collections, (b) Principal Collections and (c) Substitution Adjustment Amounts for such Collection Period; (vi) the amount paid as principal to such Monthly Advancesthe Noteholders of each Class of Notes; (vii) for each of Loan Group I and Loan Group II, and the aggregate amount paid as interest to the Noteholders of Nonrecoverable Monthly Advances each Class of Notes, separately stating the portion thereof in respect of such Payment DatePrepayment Interest Shortfalls, Relief Act Shortfalls, Group I Net WAC Cap Shortfalls or Group II Net WAC Cap Shortfalls, if any; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii(viii) for each of Loan Group I and (v) of the IndentureLoan Group II, the amountaggregate Interest Distribution Amount remaining unpaid, if any, allocable to principal for each Class of Class I Notes and the amount allocable to interest; 9. Cumulative Insurance Payments Class II Notes, after giving effect to the distributions to be payments made on such Payment Date; 10. (ix) [Reserved]; (x) the Delinquency Percentage amount of any draw on the Group I Policy or the Group II Policy for such Payment Date, the amount paid to the Credit Enhancer in reimbursement for prior draws and the aggregate amount of prior draws under the Policies not yet reimbursed; (xi) for each of Loan Group I and Loan Group II, the amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Loan Balance thereof; (xii) the aggregate Loan Balance of the Home Equity Loans in each Loan Group as of the end of the preceding Collection Period; (xiii) the aggregate amount of Additional Balances on the Group II Loans created during the previous Collection Period conveyed to the Issuer; (xiv) for each of Loan Group I and Loan Group II, the number and aggregate Loan Balances of Home Equity Loans (a) as to which the Minimum Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed and (c) that have become REO, in each case as of the end of the related Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (xv) the Note Rate for each Class of Class I Notes and Class II Notes, the Group I Net WAC Rate and the Group II Net WAC Rate for the related Collection Period; 11. (xvi) for each of Loan Group I and Loan Group II, the Cumulative aggregate Liquidation Loss Percentage for such Payment Date; 12. Amounts with respect to the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Daterelated Collection Period, the amount of any reimbursement payment to be made Liquidation Loss Distribution Amounts with respect to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) Notes, and the aggregate of the Indenture Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance for such Loan Group; (xvii) for each Loan Group, the aggregate Bankruptcy Losses and losses caused by or resulting from an Extraordinary Event with respect to the related Collection Period and the amount aggregate of Cumulative Insurance Payments each of such losses from all Collection Periods to date; (xviii) for each of Loan Group I and Loan Group II, the Security Balance of each related Class of Notes and the Certificate Principal Balance of the related Certificates after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance distribution of the Mortgage Loans and any REO Properties at the close of business principal on such Payment Date; 14. (xix) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of Servicing Fees for the related Due Date; 15. the number Collection Period and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made Draws for the related Collection Period; (xx) the number and amount of any increases in the Credit Limits of the Home Equity Loans during the related Collection Period; 19. (xxi) the aggregate amount of Realized Losses incurred during Group I Overcollateralization Amount, the related Collection Period; 20. Group II Overcollateralization Amount, the aggregate amount of extraordinary expenses withdrawn from Undercollateralization Amount, the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Group I Required Overcollateralization Amount in respect of the Class A Notes for immediately following such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid Group II Required Overcollateralization Amount immediately following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. (xxii) any material modifications, extensions or waivers to the terms of the Home Equity Loans during the Collection Period or that have cumulatively become material over time; (xxiii) any material breaches of Home Equity Loan representations or warranties or covenants in the Purchase Agreement; (xxiv) the number and principal amount of release agreements pursuant to Section 3.05(c) entered into during the calendar year and since the Closing Date, stated separately, for the Group II Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance for Loan Group II with information provided separately with respect to all Unsecured Loans and (2) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into during the calendar year and since the Closing Date, stated separately for each of Loan Group I and Loan Group II and the aggregate outstanding amount of the distribution to be made on such Payment Date to the Holders Capitalization Workouts expressed as a percentage of the Certificatesrespective Pool Balance. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityVariable Funding Note, Term Note or Certificate, as applicable, with a $1,000 denomination. Within a reasonable period of time after If an Amortization Event or Servicing Default shall occur, on the end of each calendar yearBusiness Day following the related Determination Date, the Master Servicer shall furnish forward to the Indenture Trustee, a statement of such effect, including the nature of such Amortization Event or Servicing Default. The Indenture Trustee shall deliver or cause to be delivered by mail to the Credit Enhancer notice of such Amortization Event or Servicing Default, including, the nature thereof. Such statement may be included in, or separate from, the regular statement to Securityholders. In addition, the Master Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of such amounts shall forward be presumptively deemed to each Person who at be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any time during independent check or verification. In addition, upon the calendar year was a Holder of a Note (a) a statement containing Issuer's written request, the Master Servicer shall promptly furnish information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in reasonably requested by the Remittance Reports as required Issuer that is reasonably available to the Master Servicer to enable the Holders of the Notes Issuer to prepare their perform its federal and state income tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerreporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (RFMSII Series 2006-Hsa2 Trust)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Servicer shall deliver forward the Servicing Certificate to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, pursuant to Section 3.26 of the Insurer or Indenture, shall make such Servicing Certificate available to each Certificateholder, each Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating AgenciesAgency, as with a copy to the case may be, may agree from time to time) a report prepared by Enhancer. The Servicing Certificate shall set forth the Servicer following information as to the distributions Notes and Certificates, to be made on the related extent applicable: (i) the aggregate amount of (a) Interest Collections, (b) Principal Collections (and, with respect to any Payment Date and shall forward relating to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of Managed Amortization Period, Net Principal Collections) and (c) Substitution Adjustment Amounts for such report. Both reports Collection Period; (each a "Remittance Report"ii) shall contain the following information: 1. the amount of the payment to be made on such Payment Date distribution as principal to the Holders Noteholders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture)Notes; 2. (iii) the amount of the payment to be made on such Payment Date distribution as interest to the Holders Noteholders of each class Class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment DateNotes, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made payable in respect of such Notes on such unpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase (iv) each Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; (v) the amount of such distribution to the Certificateholders; (vi) the amount of any Additional Balance Increase Amount payable to the Certificateholders; (vii) the aggregate Principal Balance of the Mortgage Loans as of the end of the preceding Collection Period; (viii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days and 150-179 days, respectively, (b) the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information shall not be provided on the statements relating to the first Payment Date; 28. (ix) the Subordination Reduction Amountnumber and aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 3.15(a) herein during such Collection Period; (x) the Net WAC Rate for the related Collection Period; (xi) prior to the second Determination Date following the commencement of the Rapid Amortization Period, if anythe aggregate amount of Additional Balances created during the previous Collection Period and conveyed to the Issuer prior to the commencement of such Rapid Amortization Period; (xii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, for the amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (xiii) the aggregate Note Balance of each Class of Notes and the Certificate Balance of each Class of the Certificates after giving effect to the distribution of principal on such Payment Date; and; 29. (xiv) the amount balance of the distribution Pre-Funding Account, Funding Account, the Reserve Sub-Account and Capitalized Interest Account as of the end of the preceding Collection Period; (xv) the Percentage Interest applicable to be each of the Securities, after application of payments made on such Payment Date Date; (xvi) the Overcollateralization Amount as of the end of the preceding Collection Period; and (xvii) the aggregate Principal Balance of Subsequent Mortgage Loans transferred to the Holders of the CertificatesTrust Estate. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate, as applicable, with a $25,000 denomination and per Certificate with a denomination equal to a 100% Percentage Interest. Within If a reasonable period Rapid Amortization Event or a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, a statement to such effect, including the nature of time after such Rapid Amortization Event or Servicing Default. Upon the end Servicer's becoming aware of any Early Amortization Event, the Servicer shall forward to the Indenture Trustee, a statement to such effect, including the nature of such Early Amortization Event. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each calendar yearCertificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Rapid Amortization Event, Early Amortization Event or Servicing Default, including, the nature thereof. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.ctslink.com". Assistance in uxxxx xxx xxxxxxe can be obtained by calling the Indenture Trustee's customer service desk at (301) 815-6600. Parties that axx xxxxxx xx use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website. (b) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture TrusteeTrustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and the Reserve Sub-Account and deposited into the Note Payment Account, Reserve Sub-Account, Funding Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be deemed to be presumptively correct for all purposes hereunder, and the Owner Trustee and the Indenture Trustee shall forward to each Person who at be protected in relying upon the same without any time during independent check or verification. In addition, upon the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Indenture Trustee, Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. (c) If the Indenture Trustee shall forward Note Balance of the Variable Pay Revolving Notes is to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect reduced on any Payment Date pursuant to the Securityholderterms of the Indenture, or otherwise with respect the Servicer shall, not later than 12:00 Noon (New York time) on the second Business Day prior to such Payment Date, deliver a written notice to the purposes Administrative Agent specifying the amount of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerreduction.

Appears in 1 contract

Samples: Servicing Agreement (Residential Asset Mortgage Products Inc)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Servicer shall deliver forward the Servicing Certificate to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, pursuant to Section 3.26 of the Insurer or Indenture, shall make such Servicing Certificate available to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent, Bear Xxxxxxx Capital Markets Inc. and each Rating Agencies, as Agency. The Servicing Certificate shall set forth the case may be, may agree from time to time) a report prepared by the Servicer following information as to the distributions to be made on the related Payment Date Notes and shall forward Certificates, to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following informationextent applicable: 1. the amount of the payment to be made on such Payment Date to the Holders of (i) for each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment DateLoan Group, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances(a) Interest Collections, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. (b) Principal Collections (and, with respect to any reimbursement to be made Payment Date relating to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iiiManaged Amortization Period, Net Principal Collections) and (vc) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on Substitution Adjustment Amounts for such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. (ii) the amount of any Insurance Payment such distribution as principal to be made the Noteholders of each Class of Notes; (iii) the amount of such distribution as interest to the Noteholders of each Class A Noteholders on such Payment Dateof Notes, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made payable in respect of such Notes on such unpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date; 24. (iv) the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; (v) the amount of such distribution to the Certificateholders; (vi) the aggregate Principal Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period; (vii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information shall not be provided on the statements relating to the first Payment Date; 28. (viii) the Subordination Reduction AmountNet Loan Rate for Loan Groups I and II for the related Collection Period; (ix) prior to the second Determination Date following the commencement of the Rapid Amortization Period for the Floating Rate Term Notes, if anythe aggregate amount of Additional Balances created during the previous Collection Period and conveyed to the Issuer prior to the commencement of such Rapid Amortization Period; (x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period for each Loan Group, for the amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (xi) the aggregate Note Balance of each Class of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; and; 29. (xii) the amount balance of the distribution Pre-Funding Account, Funding Account, Capitalized Interest Account and Reserve Account as of the end of the preceding Collection Period; (xiii) the Percentage Interest applicable to be each of the Securities, after application of payments made on such Payment Date Date; (xiv) the Overcollateralization Amount for each Loan Group as of the end of the preceding Collection Period; and (xv) the aggregate Principal Balance of Subsequent Mortgage Loans transferred to the Holders of the CertificatesTrust Estate for each Loan Group. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityTerm Note, Variable Funding Note or Certificate, as applicable, with a $25,000 denomination. Within If a reasonable period of time after Managed Amortization Event, a Rapid Amortization Event or a Servicing Default shall occur, on the end of each calendar yearBusiness Day following the related Determination Date, the Servicer shall furnish forward to the Indenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement to such effect, including, in the case of a Rapid Amortization Event or a Servicing Default, the nature thereof. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the monthly statement to Securityholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website and its fax-on-demand service. The Indenture Trustee's fax-on-demand service may be accessed by calling (000) 000-0000. The Indenture Trustee's internet website shall initially be located at "xxx.xxxxxxx.xxx". Assistance in using the website or the fax-on demand service can be obtained by calling the Indenture Trustee's customer service desk at (000) 000-0000. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall forward have the right to each Person who at any time during change the calendar year was a Holder of a Note (a) a statement containing way the information set forth statements to Securityholders are distributed in clauses (1) through (3) above, aggregated for order to make such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied distribution more convenient and/or more accessible to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. (b) The Servicer shall forward to the Trust, Indenture Trustee any other information reasonably requested by the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the reports forwarded Indenture. Prior to the Class A Noteholders close of business on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Business Day next succeeding each Determination Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture TrusteeTrustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Note Payment Account, Reserve Account, Funding Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be deemed to be presumptively correct for all purposes hereunder, and the Owner Trustee and the Indenture Trustee shall forward to each Person who at be protected in relying upon the same without any time during independent check or verification. In addition, upon the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Indenture Trustee, Servicer to enable the Issuer to perform its federal and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerstate income tax reporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (Residential Asset Mortgage Products Inc)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by overnight mail or otherwise make available electronically at www.jpmorgan.com/sfr to each Certificateholder, Noteholder, the Credit Xxxxxxxx, xxx Xxxxxitor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a computer readable magnetic tape or diskette of such report. Both reports statement setting forth the following information (each a the "Remittance ReportServicing Certificate") shall contain as to the following informationNotes and Certificates, to the extent applicable: 1. (i) the applicable Record Date, Determination Date and Payment Date; (ii) the aggregate amount of payments received with respect to the Home Equity Loans, including prepayment amounts; (iii) the Servicing Fee payable to the Servicer; (iv) the amount of any other fees or expenses paid, and the payment to be made on identity of the party receiving such Payment Date fees or expenses; (v) the aggregate amount of (a) Interest Collections, (b) Principal Collections and (c) Substitution Adjustment Amounts for such Collection Period; (vi) the amount paid as principal to the Holders Noteholders of each Class of Class A Notes allocable to principal Notes; (separately indicating vii) the amount to be paid as a prepayment interest to the Noteholders of principal pursuant to Section 8.3(g) each Class of Notes, separately stating the Indenture)portion thereof in respect of Relief Act Shortfalls, if any; 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. (viii) the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amountinterest remaining unpaid, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect each of the related Payment DateNotes, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be payments made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. (ix) the amount of any Insurance Payment to be made to Class A Noteholders draw on the Policy for such Payment Date, the amount of any reimbursement payment to be made paid to the Insurer on such Payment Date pursuant to Section 8.3(a)(iiiCredit Enhancer in reimbursement for prior draws and the aggregate amount of prior draws under the Policies not yet reimbursed; (x) of the Indenture and the amount of Cumulative Insurance Payments such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Balance thereof; (xi) the aggregate Principal Balance of the Home Loans as of the end of the preceding Collection Period; (xii) the number and aggregate Principal Balances of Home Loans (a) as to which the Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days and 150-179 days, respectively, (b) the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information shall not be provided on the statements relating to the first Payment Date; (xiii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts (minus any Recovery Amounts) and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Home Loans; (xiv) the aggregate Note Balance of each Class of Notes and the Certificate Balance of the Certificates after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance distribution of the Mortgage Loans and any REO Properties at the close of business principal on such Payment Date; 14. (xv) the number, aggregate principal balance, weighted average remaining term Percentage Interest applicable to maturity and weighted average Mortgage Rate each of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal BalanceSecurities, after giving effect to the distributions to be application of payments made on such Payment Date; 22. (xvi) the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Overcollateralization Amount in respect as of the Class A Notes for such Payment Date end of the preceding Collection Period and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Overcollateralization Release Amount for such Payment Date; 27. (xvii) the Subordination Increase Amount, if any, for amount of any payment to be made to the designee or designees of the Credit Enhancer with respect to such Payment DateDate pursuant to Sections 3.05(a)(i); 28. (xviii) the Subordination Reduction Amount, if any, weighted average of the Net Loan Rates for such Payment Datethe Home Loans for the related Collection Period; and 29. (xix) the amount number and aggregate Principal Balance of Home Loans repurchased pursuant to Section 3.15(a) herein during the distribution to be made on such Payment Date to the Holders of the Certificatesrelated Collection Period. In the case of information furnished pursuant to clauses (1vi) through and (3vii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate, as applicable, with a $25,000 denomination. Within If a reasonable period of time after Servicing Default shall occur, on the end of each calendar yearBusiness Day following the related Determination Date, the Servicer shall furnish forward to the Indenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement to such effect, including the nature of such Servicing Default. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the monthly statement to Securityholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.jpmorgan.com/sfr". Assistance in using the website can be obtained by caxxxxx Xxxxxxxxx Xxxstee's customer service desk at 877-722-1095. Parties that are unable to use the above website are entitled xx xxxx x xaper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall forward have the right to each Person who at change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any time during the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and changes. (b) such information contained in the Remittance Reports as required In addition, with respect to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, on the Indenture Trustee Business Day following the related Determination Date, the Servicer shall forward to the TrustCredit Enhancer and the Rating Agencies the following information for each Capitalization Workout entered into during the related Collection Period: (i) the original Home Equity Loan amount; (ii) the Home Loan amount after the Capitalization Workout; (iii) the original Monthly Payment amount; (iv) the Monthly Payment amount after the Capitalization Workout; (v) the Capitalized Amount as defined in Section 3.02(a)(v) herein; (vi) the CLTV prior to the Capitalization Workout; (vii) the CLTV after the Capitalization Workout; and (viii) if an appraisal was used in determining the CLTV referred to in (vii) above, the Depositor, each Holder type and date of a Certificate, appraisal. (c) The Servicer shall forward to the Insurer and Indenture Trustee any other information reasonably requested by the Servicer, a copy Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the reports forwarded Indenture. Prior to the Class A Noteholders close of business on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Business Day next succeeding each Determination Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture TrusteeTrustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Note Payment Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be deemed to be presumptively correct for all purposes hereunder, and the Owner Trustee and the Indenture Trustee shall forward to each Person who at be protected in relying upon the same without any time during independent check or verification. In addition, upon the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Indenture Trustee, Servicer to enable the Issuer to perform its federal and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerstate income tax reporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (GMACM Home Loan Trust 2006-Hltv1)

Statements to Securityholders. (a) On or before each Servicer Remittance Payment Date, the Servicer Owner Trustee shall deliver (except as otherwise provided in the Trust Agreement) include with each distribution to the Trust, each Certificateholder to be made on such date and the Indenture TrusteeTrustee shall include with each distribution to each Term Noteholder and each Revolving Noteholder to be made on such date, the Insurer and the Rating Agencies by telecopy a statement (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or which statement shall also be provided to the Rating Agencies) prepared by the Servicer based on information in the Servicer’s Accounting furnished pursuant to Section 3.05 of the Pooling and Servicing Agreement. Except as otherwise set forth in the Officer’s Issuance Certificate with respect to any series of Notes, each such statement to be delivered to Securityholders shall set forth the following information concerning the Term Notes, the Revolving Notes or the Certificates, as appropriate, with respect to such Payment Date or the preceding Collection Period: (i) the amount, if any, of the distribution allocable to principal on the Term Notes and Revolving Notes and to the Certificate Balance; (ii) the amount, if any, of the distribution allocable to interest on or with respect to each series or class of Securities; (iii) the aggregate Outstanding Amount for the Term Notes, the Outstanding Amount of the Revolving Notes and the Certificate Balance, each as of such date and after giving effect to all payments reported under clause (i) above (or, in the case of any Revolving Notes during the Revolving Period, unless principal payments thereon are required on such Payment Date, as of the last day of such Collection Period); (iv) the amount of outstanding Servicer Advances on such date; (v) the amount of the Monthly Servicing Fee paid to the Servicer with respect to the related Collection Period or Periods, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following information: 1. the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. (vi) the amount of per annum interest rate for the payment to be made on such next Payment Date to the Holders of each Date, for any series or class of Class A Notes allocable to interestSecurities with a variable or adjustable interest rate; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(gvii) of the Indenture); 6. the amount, if any, by which withdrawn from or credited to each of the Scheduled Payments for SWIFT [•] Reserve Funds or from other forms of credit enhancement; (viii) the accumulated interest and principal shortfalls, if any, on each series or class of Securities and the change in each of such Payment Date exceeds amounts from the Available Distribution Amount expected to be on deposit in the Distribution Account on such preceding Payment Date; 7. (ix) the amount Trust Charge-Offs and Reallocated Principal Amounts allocated to each series or class of Monthly Advances to be made by Securities and the Servicer change in respect such amounts from the preceding Payment Date; (x) the balance of each of the related Payment DateSWIFT [•] Reserve Funds, the aggregate amount of Monthly Advances outstanding if any, on such date after giving effect to changes therein or any distributions therefrom on such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Datedate; 8. with respect to any reimbursement to be made to (xi) the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) balance of the Indenture, the amounteach Accumulation Account, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments on such date after giving effect to the changes therein or any distributions to be made therefrom on such Payment Datedate; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii(xii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance dollar amount of Mortgage Loans Receivables at the beginning and end of the applicable Collection Period, and the weighted average coupon of the Receivables held by the Trust; (axiii) 30 days past dueloss information for the applicable Collection Period and any material changes in determining or defining charge-offs and uncollectible accounts; (xiv) material breaches of pool asset representations and warranties or transaction covenants; (xv) 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; (xvi) [information on ratio, coverage or other tests used for determining an early amortization or other performance trigger and whether the trigger was met;] (xvii) [information regarding any new issuance of asset-backed securities backed by the same asset pool, any pool asset changes (other than in connection with a pool asset converting into cash in accordance with its terms), such as additional or removals in connection with a revolving period and pool asset substitutions and repurchases; and] (xviii) [any material changes in the solicitation, credit-granting, underwriting, origination or acquisition criteria or procedures, as applicable, used to acquire or select the new pool assets.] (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during Within the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished pursuant to clauses (1) through (3) above, the amounts shall be expressed as a dollar amount per Single Security. Within a reasonable prescribed period of time for tax reporting purposes after the end of each calendar yearyear during the term of this Agreement, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee and the Administrator shall forward furnish (or cause to be furnished), to each Person who at any time during the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements a holder of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder record of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Notes or Certificates, respectively, on and received any payment thereon, a statement containing such Payment Date. Within a reasonable period of time after information as may be required by the end Code and applicable Treasury Regulations to enable such Securityholder to prepare its federal income tax returns. (c) A copy of each calendar year, the Servicer shall furnish statement provided pursuant to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as Section 4.8(a) shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided made available for inspection at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the ServicerCorporate Trust Office.

Appears in 1 contract

Samples: Trust Sale and Servicing Agreement (Wholesale Auto Receivables Corp)

Statements to Securityholders. On each Servicer Remittance Date, the Servicer shall deliver to the TrustIssuer, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the TrustIssuer, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Distribution Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following information: 1. the amount of the payment distribution to be made on such Payment Distribution Date to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment distribution to be made on such Payment Distribution Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments Guaranteed Distribution for such Payment Distribution Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Distribution Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments Guaranteed Distribution for such Payment Distribution Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Distribution Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Distribution Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Distribution Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Distribution Date pursuant to Sections 8.3(a)(iii8.3(a)(iv), (xi) and (vxvi) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Distribution Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Distribution Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Distribution Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Distribution Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Distribution Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Distribution Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Distribution Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Distribution Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Distribution Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Distribution Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Distribution Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Distribution Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Distribution Date; 26. the Required Subordinated Amount for such Payment Distribution Date; 27. the Subordination Increase Amount, if any, for such Payment Distribution Date; 28. the Subordination Reduction Amount, if any, for such Payment Distribution Date; and 29. the amount of the distribution to be made on such Payment Distribution Date to the Holders of the Certificates. In the case of information furnished pursuant to clauses (1) through (3) above, the amounts shall be expressed as a dollar amount per Single Security. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Distribution Date, the Indenture Trustee shall forward to the TrustIssuer, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Distribution Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Distribution Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Prudential Securities Secured Financing Corp)

Statements to Securityholders. (a) On or prior to each Servicer Remittance Payment Date, the Servicer shall deliver provide to the Trust, the Indenture Trustee, the Insurer Trustee and the Rating Agencies by telecopy Owner Trustee (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or with a copy to the Rating Agencies, as ) for the Trustee and the Owner Trustee to forward to each Securityholder of record (in the case may beof the Trustee, may agree from time pursuant to timeSection 5.8(b)) a report prepared the statement or statements provided by the Servicer in substantially the form attached hereto as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain Exhibit E setting forth at least the following information: 1. (i) the amount of any distributions allocable to principal of each Class of Notes; (ii) the amount of such distribution allocable to interest on or with respect to each Class of Notes; (iii) the Pool Balance as of the close of business on the last day of the related Collection Period; (iv) the Note Balance for each Class of Notes after giving effect to payments allocated to principal reported under clause (i) above; (v) the amount of the payment to be made on such Payment Date Servicing Fee paid to the Holders of each Class of Class A Notes allocable Servicer with respect to principal (separately indicating the related Collection Period, and the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of any unpaid Servicing Fees and the Indenture)change in such amount from the prior Payment Date; 2. (vi) the amount of the payment Backup Servicing Fee and the Trustee Fees paid to be made on the Backup Servicer, the Trustee and the Owner Trustee, as applicable, with respect to the related Collection Period, and the amount of any unpaid Backup Servicing Fees and Trustee Fees and the change in all such amounts from the prior Payment Date; (vii) the Noteholders’ Interest Carryover Shortfall for each Class of Notes for such Payment Date Date; (viii) the amount, if any, paid to the Holders of each class of Class A Notes allocable to interestNoteholders from the Series 2011-C Spread Account for such Payment Date; 3. (ix) the aggregate amount in the Series 2011-C Spread Account and the change in such amount from the previous Payment Date and the Specified Spread Account Requisite Amount for such Payment Date; (x) the number of servicing compensation received Receivables and the aggregate net balance thereon for which the related Obligors are delinquent in making Scheduled Receivable Payments for (a) 31 to 60 days, (b) 61 to 90 days, and (c) 91 days or more; (xi) the number and the aggregate Purchase Amounts for Receivables purchased by CPS or purchased by the Servicer during the related Collection Period and such other customary summary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date losses and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. delinquencies with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interestReceivables; 9. Cumulative Insurance Payments after giving effect to (xii) the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close all Receivables that have become Liquidated Receivables, net of business on such Payment Date; 14. the numberRecoveries, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. (xiii) the cumulative Principal Balance of all Receivables that have become Liquidated Receivables, net of Recoveries, during the period from the Cutoff Date to the last day of the related Collection Period; (xiv) the amount of any Texas Franchise Tax due and owing by CPS under the Receivables Purchase Agreement to the taxing authority of the State of Texas on or prior to the related Payment Date or paid by CPS since the prior Payment Date; (xv) the Three-Month Rolling Average Extension Ratio, the Cumulative Net Loss Rate, the Delinquency Ratio and the Three-Month Rolling Average Delinquency Ratio; (xvi) the aggregate amount of Realized Losses incurred Sale Amount with respect to Sold Receivables, if any, during the related Collection Period; 20. (xvii) for any Payment Date during the aggregate Funding Period, the Pre-Funded Amount and the change in such amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such previous Payment Date; and 29. (xviii) for the Mandatory Redemption Date, the amount of any remaining Pre-Funded Amount that was not used to fund the distribution to be made on such Payment Date to the Holders purchase of the Certificates. In the case of information furnished pursuant to clauses Subsequent Receivables. (1b) through (3) above, the amounts shall be expressed as a dollar amount per Single Security. Within a reasonable period of time 60 days after the end of each calendar year, the Servicer shall furnish deliver to the Indenture TrusteeTrustee a statement setting forth the amounts paid during such preceding calendar year in respect of paragraphs (i), (ii), (v) and the Indenture (vi) above. The Trustee shall forward mail a copy of such statement to each Person person who at any time during the such preceding calendar year was shall have been a Holder Securityholder of record and received any payment in respect of the Securities. (c) The Trustee may make available to the Securityholders, via the Trustee’s Internet Website, all statements described herein and, with the consent or at the direction of the Seller, such other information regarding the Notes and/or the Receivables as the Trustee may have in its possession, but only with the use of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be password provided by the Servicer pursuant Trustee. The Trustee will make no representation or warranties as to any requirements the accuracy or completeness of such documents and will assume no responsibility therefor. The Trustee’s Internet Website shall be initially located at “wxx.XXXXxxx.xxx” or at such other address as shall be specified by the Code as Trustee from time to time are in forcewriting to the Securityholders. On each Payment DateIn connection with providing access to the Trustee’s Internet Website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Trustee shall forward not be liable for the dissemination of information in accordance with this Agreement. (d) The Servicer will supply to the TrustTrustee, at the Depositortime and in the manner required by applicable Treasury Regulations, each Holder of a Certificatefor further distribution to such Persons, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date andextent, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed required by applicable Treasury Regulations information with respect to any “original issue discount” accruing on the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, Class C Notes and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the ServicerClass D Notes.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

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Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by overnight mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain statement setting forth the following informationinformation as to the Notes and Certificates, to the extent applicable: 1. (i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificates; (ii) the amount of the payment to be made on such Payment Date distribution to the Holders Securityholders of each Class the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of Class A Notes allocable to principal (separately indicating the Accelerated Principal Distribution Amount and the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit deposited in the Distribution Funding Account on such Payment Date; 7. (iii) the amount of Monthly Advances such distribution to be made by the Servicer Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to overdue accrued interest; 9. Cumulative Insurance Payments after giving effect to (iv) the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed; (v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loans; (vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date; 28. (vii) the Subordination Reduction Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period; (viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, if anyin each case as the end of the related Collection Period; and (ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account; (x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, for the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance; (xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date; (xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date; (xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and 29. (xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the distribution to be made Indenture on such Payment Date to the Holders of the CertificatesDate. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate with a $1,000 denomination. Within a reasonable period Prior to the close of time after business on the end of Business Day next succeeding each calendar yearDetermination Date, the Servicer shall furnish a written statement to the Indenture Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee shall forward setting forth (i) all the foregoing information, (ii) the aggregate amounts required to each Person who at any time during be withdrawn from the calendar year was a Holder of a Note (a) a statement containing Collection Account and deposited into the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (biii) such information contained in the Remittance Reports as required amounts (A) withdrawn from the Payment Account and deposited to enable the Holders Funding Account pursuant to Section 8.02(b) of the Notes Indenture and (B) withdrawn from the Funding Account and deposited to prepare their tax returns. Such obligation the Collection Account pursuant to Section 8.02(c)(i) of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided Indenture. The determination by the Servicer pursuant of such amounts shall, in the absence of obvious error, be presumptively deemed to any requirements of be correct for all purposes hereunder and the Code as from time to time are in force. On each Payment Date, the Owner Trustee and Indenture Trustee shall forward to be protected in relying upon the Trustsame without any independent check or verification. In addition, upon the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Indenture Trustee, Servicer to enable the Company to perform its federal and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerstate income tax reporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (National City Mortgage Capital LLC)

Statements to Securityholders. (a) On or prior to each Servicer Remittance Payment Date, the Servicer shall deliver provide to the Trust, Trustee and the Indenture Owner Trustee (with a copy to the Rating Agency) for the Trustee and the Owner Trustee to forward to each Securityholder of record (in the case of the Trustee, pursuant to Section 5.8(b)) the Insurer and the Rating Agencies by telecopy (statement or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared statements provided by the Servicer in substantially the form attached hereto as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain Exhibit E setting forth at least the following information: 1. (i) the amount of any distributions allocable to principal of each Class of Notes; (ii) the amount of such distribution allocable to interest on or with respect to each Class of Notes; (iii) the Pool Balance as of the close of business on the last day of the related Collection Period; (iv) the Note Balance for each Class of Notes after giving effect to payments allocated to principal reported under clause (i) above; (v) the amount of the payment to be made on such Payment Date Servicing Fee paid to the Holders of each Class of Class A Notes allocable Servicer with respect to principal (separately indicating the related Collection Period, and the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of any unpaid Servicing Fees and the Indenture)change in such amount from the prior Payment Date; 2. (vi) the amount of the payment Backup Servicing Fee and the Trustee Fees paid to be made on the Backup Servicer, the Trustee and the Owner Trustee, as applicable, with respect to the related Collection Period, and the amount of any unpaid Backup Servicing Fees and Trustee Fees and the change in all such amounts from the prior Payment Date; (vii) the Noteholders’ Interest Carryover Shortfall for each Class of Notes for such Payment Date Date; (viii) the amount, if any, paid to the Holders of each class of Class A Notes allocable to interestNoteholders from the Series 2011-B Spread Account for such Payment Date; 3. (ix) the aggregate amount in the Series 2011-B Spread Account and the change in such amount from the previous Payment Date and the Specified Spread Account Requisite Amount for such Payment Date; (x) the number of servicing compensation received Receivables and the aggregate net balance thereon for which the related Obligors are delinquent in making Scheduled Receivable Payments for (a) 31 to 60 days, (b) 61 to 90 days, and (c) 91 days or more; (xi) the number and the aggregate Purchase Amounts for Receivables purchased by CPS or purchased by the Servicer during the related Collection Period and such other customary summary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date losses and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. delinquencies with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interestReceivables; 9. Cumulative Insurance Payments after giving effect to (xii) the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close all Receivables that have become Liquidated Receivables, net of business on such Payment Date; 14. the numberRecoveries, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. (xiii) the aggregate amount cumulative Principal Balance of Realized Losses incurred all Receivables that have become Liquidated Receivables, net of Recoveries, during the period from the Cutoff Date to the last day of the related Collection Period; 20. (xiv) the aggregate amount of extraordinary expenses withdrawn from any Texas Franchise Tax due and owing by CPS under the Collection Account Receivables Purchase Agreement to the taxing authority of the State of Texas on or prior to the Distribution Account for such related Payment Date or paid by CPS since the prior Payment Date; 21. (xv) the Class A-1 Note Principal BalanceThree-Month Rolling Average Extension Ratio, Class A-2 Note Principal Balancethe Cumulative Net Loss Rate, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date Delinquency Ratio and the respective portions thereofThree-Month Rolling Average Delinquency Ratio; and (xvi) the aggregate Sale Amount with respect to Sold Receivables, if any, paid under during the Policy or related Collection Period. (in the event of a Deficiency Eventb) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished pursuant to clauses (1) through (3) above, the amounts shall be expressed as a dollar amount per Single Security. Within a reasonable period of time 60 days after the end of each calendar year, the Servicer shall furnish deliver to the Indenture TrusteeTrustee a statement setting forth the amounts paid during such preceding calendar year in respect of paragraphs (i), (ii), (v) and the Indenture (vi) above. The Trustee shall forward mail a copy of such statement to each Person person who at any time during the such preceding calendar year was shall have been a Holder Securityholder of record and received any payment in respect of the Securities. (c) The Trustee may make available to the Securityholders, via the Trustee’s Internet Website, all statements described herein and, with the consent or at the direction of the Seller, such other information regarding the Notes and/or the Receivables as the Trustee may have in its possession, but only with the use of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be password provided by the Servicer pursuant Trustee. The Trustee will make no representation or warranties as to any requirements the accuracy or completeness of such documents and will assume no responsibility therefor. The Trustee’s Internet Website shall be initially located at “wxx.XXXXxxx.xxx” or at such other address as shall be specified by the Code as Trustee from time to time are in forcewriting to the Securityholders. On each Payment DateIn connection with providing access to the Trustee’s Internet Website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Trustee shall forward not be liable for the dissemination of information in accordance with this Agreement. (d) The Servicer will supply to the TrustTrustee, at the Depositortime and in the manner required by applicable Treasury Regulations, each Holder of a Certificatefor further distribution to such Persons, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date andextent, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed required by applicable Treasury Regulations information with respect to any “original issue discount” accruing on the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, Class C Notes and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the ServicerClass D Notes.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by overnight mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain statement setting forth the following informationinformation as to the Notes and Certificates, to the extent applicable: 1. (i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificates; (ii) the amount of the payment to be made on such Payment Date distribution to the Holders Securityholders of each Class the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of Class A Notes allocable to principal (separately indicating the Accelerated Principal Distribution Amount and the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit deposited in the Distribution Funding Account on such Payment Date; 7. (iii) the amount of Monthly Advances such distribution to be made by the Servicer Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to overdue accrued interest; 9. Cumulative Insurance Payments after giving effect to (iv) the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed; (v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ------ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loans; (vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; PROVIDED, HOWEVER, that such information will not be provided on the statements relating to the first Payment Date; 28. (vii) the Subordination Reduction Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period; (viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, if anyin each case as the end of the related Collection Period; and (ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account; (x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, for the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance; (xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date; (xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date; (xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and 29. (xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the distribution to be made Indenture on such Payment Date to the Holders of the CertificatesDate. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate with a $1,000 denomination. Within a reasonable period Prior to the close of time after business on the end of Business Day next succeeding each calendar yearDetermination Date, the Servicer shall furnish a written statement to the Indenture Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee shall forward setting forth (i) all the foregoing information, (ii) the aggregate amounts required to each Person who at any time during be withdrawn from the calendar year was a Holder of a Note (a) a statement containing Collection Account and deposited into the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (biii) such information contained in the Remittance Reports as required amounts (A) withdrawn from the Payment Account and deposited to enable the Holders Funding Account pursuant to Section 8.02(b) of the Notes Indenture and (B) withdrawn from the Funding Account and deposited to prepare their tax returns. Such obligation the Collection Account pursuant to Section 8.02(c)(i) of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided Indenture. The deter mination by the Servicer pursuant of such amounts shall, in the absence of obvious error, be presumptively deemed to any requirements of be correct for all purposes hereunder and the Code as from time to time are in force. On each Payment Date, the Owner Trustee and Indenture Trustee shall forward to be protected in relying upon the Trustsame without any independent check or verification. In addition, upon the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Company's written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Indenture Trustee, Servicer to enable the Company to perform its federal and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerstate income tax reporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (Long Beach Securities Corp)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the related Determination Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail monthly Servicing Reports in a computer readable magnetic tape or diskette of such reportmutually agreeable electronic format. Both reports (each a "Remittance Report") The Servicing Reports shall contain set forth the following informationinformation to the extent applicable: 1. the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(gi) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by (a) Interest Collections, (b) Principal Collections, (c) Substitution Adjustment Amounts and (d) Investor P&I Collections; (a) the Servicer aggregate Loan Balance of the Home Equity Loans as of the end of the preceding Collection Period, (b) the Investor Amount, (c) the aggregate Loan Balance of the Mortgage and (d) the aggregate Loan Balance of the Revolving Credit; (iii) with respect to the Revolving Credit Loans, the aggregate amount of Additional Balances created during the previous Collection Period conveyed to the Issuer; (iv) the number and aggregate Loan Balances of Home Equity Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed and (c) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (v) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance; (vi) the aggregate Servicing Fees for the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage Draws for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii(vii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid outstanding principal balance of Mortgage the three Home Equity Loans (a) 30 days past duehaving the largest outstanding principal balances or Credit Limits, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during applicable for the related Collection Period; 19. (viii) the number and aggregate amount outstanding principal balances of Realized Losses incurred during the Home Equity Loans which are 180 or more days delinquent in the payment of all or any portion of the scheduled interest or principal for the related Collection Period; 20. (ix) the 60+ Delinquency Percentage (Rolling Six Month) for the related Collection Period; (x) the number and the aggregate Loan Balances of Liquidated Home Equity Loans for the related Collection Period; and (xi) the number and the aggregate Loan Balances of Home Equity Loans having an outstanding principal balance (or any other amounts owing but otherwise unpaid) as of or following the final maturity date as set forth in the Related Documents respecting such Home Equity Loans. The Indenture Trustee pursuant to Section 3.26 of the Indenture shall prepare its monthly Statement based solely on the information contained in the Servicing Reports and shall make available such statements to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency. The Indenture Trustee may conclusively rely on the correctness of the information contained in the Servicing Reports, without independent verification thereof. The Statements to Securityholders shall contain the information in the Servicing Report and the following information: (i) the amount of extraordinary expenses withdrawn from such distribution as principal to the Collection Account or the Distribution Account for such Payment DateNoteholders; 21. (ii) the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect amount of such distribution as interest to the distributions to be made on such Payment Date; 22. Noteholders, separately stating the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount portion thereof in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Dateoverdue accrued interest; 24. (iii) the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Credit Enhancement Draw Amount, if any, for such Payment DateDate and the aggregate amount of prior draws thereunder not yet reimbursed; 28. (iv) the Subordination Reduction Amountamount of such distribution as principal and interest to the Certificateholders of the Certificates, if any, separately stating the portion thereof which resulted in a reduction of the Certificate Principal Balance thereof; (v) the weighted average Net Loan Rate for the related Collection Period; (vi) the Note Balance of each Class of Notes and the Certificate Principal Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; and 29. (vii) the amount of Required Overcollateralization Amount for the distribution to be made on such related Payment Date to the Holders of the CertificatesDate. In the case of information furnished pursuant to clauses (1i) through and (3ii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate, as applicable, with a $1,000 denomination. Within The Indenture Trustee will make the monthly statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Noteholders and the Certificateholders and offer parties described in the second preceding paragraph via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "xxx.xxxxxxx.xxx". Assistance in using the website can be obtained by calling the Indenture Trustee's customer service desk at (301) 815-6600. Parties that are unable to use the above distribution options are entitled to have a reasonable period paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way monthly Statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders and the Certificateholders and the Indenture Trustee shall provide timely and adequate notification to all the Noteholders and the Certificateholders regarding any such changes. The Indenture Trustee shall deliver to the Credit Enhancer a paper copy of time after such monthly statements. In addition, the end Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on each calendar yearDetermination Date, the Servicer shall furnish a written statement to the Indenture Trustee, Certificate Paying Agent and the Indenture Trustee shall forward to each Person who at any time during setting forth the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as aggregate amounts required to enable be withdrawn from the Holders of Collection Account and deposited into the Notes Payment Account on such Determination Date pursuant to prepare their tax returnsSection 3.03. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided The determination by the Servicer pursuant of such amounts shall, in the absence of obvious error, be presumptively deemed to any requirements of be correct for all purposes hereunder and the Code as from time to time are in force. On each Payment Date, the Certificate Paying Agent and Indenture Trustee shall forward to be protected in relying upon the Trustsame without any independent check or verification. In addition, upon the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Issuer's written request, the Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Indenture Trustee, Servicer to enable the Issuer to perform its federal and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerstate income tax reporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (Morgan Stanley Abs Capital I Inc MSDWCC Heloc Trust 2003-1)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by overnight mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain statement setting forth the following informationinformation as to the Notes and Certificates, to the extent applicable: 1. (i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificates; (ii) the amount of the payment to be made on such Payment Date distribution to the Holders Securityholders of each Class the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of Class A Notes allocable to principal (separately indicating the Accelerated Principal Distribution Amount and the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit deposited in the Distribution Funding Account on such Payment Date; 7. (iii) the amount of Monthly Advances such distribution to be made by the Servicer Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to overdue accrued interest; 9. Cumulative Insurance Payments after giving effect to (iv) the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed; (v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loans; (vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; PROVIDED, HOWEVER, that such information will not be provided on the statements relating to the first Payment Date; 28. (vii) the Subordination Reduction Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period; (viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, if anyin each case as the end of the related Collection Period; and (ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account; (x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, for the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Depositor exceeds the Cut-Off Date Pool Balance; (xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date; (xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date; (xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and 29. (xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the distribution to be made Indenture on such Payment Date to the Holders of the CertificatesDate. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate with a $1,000 denomination. Within a reasonable period Prior to the close of time after business on the end of Business Day next succeeding each calendar yearDetermination Date, the Servicer shall furnish a written statement to the Indenture Depositor, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee shall forward setting forth (i) all the foregoing information, (ii) the aggregate amounts required to each Person who at any time during be withdrawn from the calendar year was a Holder of a Note (a) a statement containing Collection Account and deposited into the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (biii) such information contained in the Remittance Reports as required amounts (A) withdrawn from the Payment Account and deposited to enable the Holders Funding Account pursuant to Section 8.02(b) of the Notes Indenture and (B) withdrawn from the Funding Account and deposited to prepare their tax returns. Such obligation the Collection Account pursuant to Section 8.02(c)(i) of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided Indenture. The determination by the Servicer pursuant of such amounts shall, in the absence of obvious error, be presumptively deemed to any requirements of be correct for all purposes hereunder and the Code as from time to time are in force. On each Payment Date, the Owner Trustee and Indenture Trustee shall forward to be protected in relying upon the Trustsame without any independent check or verification. In addition, upon the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon 's written request, the Servicer shall promptly furnish information reasonably requested by the Depositor that is reasonably available to the Indenture Trustee, Servicer to enable the Depositor to perform its federal and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerstate income tax reporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Mortgage Investments Ii Inc)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by overnight mail or otherwise make available electronically at www.sfr.bankofny.com to each Certificateholder, Noteholder, the Depositor, the Owner Trustee, the Xxxxxxxxxxx Xxxxxg Agent and each Rating Agency, a computer readable magnetic tape or diskette of such report. Both reports statement setting forth the following information (each a the "Remittance ReportServicing Certificate") shall contain as to the following informationNotes and Certificates, to the extent applicable: 1. (i) the applicable Record Date, Determination Date and Payment Date; (ii) the aggregate amount of payments received with respect to the Mortgage Loans, including prepayment amounts; (iii) the Servicing Fee payable to the Servicer; (iv) the amount of any other fees or expenses paid, and the payment to be made on identity of the party receiving such Payment Date fees or expenses; (v) the aggregate amount of (a) Interest Collections, (b) Principal Collections, (c) Substitution Adjustment Amounts and (d) Excess Spread, for the related Collection Period; (vi) the amount paid as principal to the Holders Noteholders of each Class of Class A Notes allocable to principal Notes; (separately indicating vii) the amount to be paid as a prepayment interest to the Noteholders of principal pursuant to Section 8.3(g) each Class of the Indenture); 2. Notes, the amount of any Relief Act Shortfalls for the payment to be made on such related Payment Date to the Holders of each class of Class A Notes allocable to interestDate; 3. (viii) the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amountinterest remaining unpaid, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect each of the related Payment DateNotes, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be payments made on such Payment Date; 10. (ix) the Delinquency Percentage amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Balance thereof; (x) the aggregate Principal Balance of the Mortgage Loans as of the end of the related Collection Period; (xi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and greater than 180 days, respectively, (b) the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REO Property, in each case as of the end of the related Collection Period; provided, however, that such information shall not be provided on the statements relating to the first Payment Date; (xii) the number and aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 3.15(a) herein during the related Collection Period; (xiii) the Net WAC Rate for the related Collection Period; 11. (xiv) the Cumulative aggregate Liquidation Loss Percentage for such Payment Date; 12. Amounts with respect to the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Daterelated Collection Period, the amount distributed as principal to Noteholders in respect of any reimbursement payment to be made to Liquidation Loss Amounts and the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) aggregate of the Indenture Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (xv) the aggregate Note Balance of each Class of Notes and the amount Certificate Balance of Cumulative Insurance Payments each Class of Certificates after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance distribution of the Mortgage Loans and any REO Properties at the close of business principal on such Payment Date; 14. (xvi) the number, aggregate principal balance, weighted average remaining term Percentage Interest applicable to maturity and weighted average Mortgage Rate each of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal BalanceSecurities, after giving effect to the distributions to be application of payments made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. (xvii) the amount Overcollateralization Amount as of the distribution to be made on such Payment Date to the Holders end of the Certificatesrelated Collection Period. In the case of information furnished pursuant to clauses (1vi) through and (3vii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate, as applicable, with a $25,000 denomination per Note and with a denomination equal to a 100% Percentage Interest per Certificate. Within If a reasonable period Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee a statement to such effect, including the nature of time after such Servicing Default. The Indenture Trustee, pursuant to Section 3.26 of the end Indenture, shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Servicing Default, including the nature thereof. Such statement may be included in, or separate from, the regular statement made available to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each calendar yearmonth to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.sfr.bankofny.com." Assistance in using the website can be obtained by calling the Indenture Trustee's customer servxxx xxxx xx (000) 002-4550. Parties that are unable to use the above distribution options are entitled to have a paper copy mxxxxx xx xxxx via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website. (b) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture TrusteeTrustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Note Payment Account or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be deemed to be presumptively correct for all purposes hereunder, and the Owner Trustee and the Indenture Trustee shall forward to each Person who at be protected in relying upon the same without any time during independent check or verification. In addition, upon the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Indenture Trustee, Servicer to enable the Issuer to perform its federal and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerstate income tax reporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (GMACM Home Equity Loan Trust 2007-He3)

Statements to Securityholders. On each Servicer Remittance Determination Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward provide to the Indenture Trustee by overnight mail (with a computer readable magnetic tape copy to each Rating Agency and each Paying Agent (if any)) for the Indenture Trustee to forward to, or diskette make available to, each Noteholder of such report. Both reports record as of the most recent Record Date and to the Owner Trustee (with a copy to each Paying Agent (if any)) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date a "Remittance Report") shall contain statement in electronic format acceptable to the Indenture Trustee substantially in the form of Exhibit B setting forth at least the following informationinformation as to the Securities to the extent applicable: 1. (a) the amount of the payment to be made on such Payment Date collections received with respect to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer Receivables during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount allocable to be distributed as a prepayment each Class of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account Notes on such Payment Date; 7. (b) the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. collections received with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) Receivables during the related Collection Period and (v) of the Indenture, the amount, if any, allocable to principal and the amount interest allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made each Class of Notes on such Payment Date; 10. (c) the Delinquency Percentage Outstanding Amount of each Class of Notes, the Note Pool Factor for each such Class as of the close of business on the related Payment Date, after giving effect to payments allocated to principal reported under clause (a) above; (d) the amount of the Servicing Fee paid to the Servicer and the amount of any fees payable to the Owner Trustee, the Custodian or the Indenture Trustee with respect to the related Collection Period; 11. (e) the Cumulative Loss Percentage for amount of any interest carryover shortfall on such Payment Date and the change, if any, in such amounts from those with respect to the immediately preceding Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii(f) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance amounts of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the numberRealized Losses, aggregate principal balanceif any, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Propertyrelated Collection Period; 17. (g) the book value of any REO Property Pool Balance as of the close of business on the last Business Day day of the calendar month preceding related Collection Period, after giving effect to payments allocated to principal reported under clause (a) above; (h) the balance of the Reserve Account on the related Determination Date after giving effect to deposits and withdrawals to be made on such Payment Date, if any; (i) the amount of any deposit to the Reserve Account and the amount and application of any funds withdrawn from the Reserve Account with respect to such Payment Date; 18. (j) the aggregate amount principal balance of Principal Prepayments made all Receivables that became Liquidated Receivables or Purchased Receivables during the related Collection Period; 19. (k) the aggregate amount principal balance and number of Realized Losses incurred during Receivables that are 30 to 59 days, 60 to 89 days or 90 days or more delinquent as of the last day of the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, (l) any Available Amounts Shortfall after giving effect to the distributions to be made payments on such Payment Date, and any change in such amounts from the preceding statement; 22. (m) the Note Factor aggregate Purchase Amounts for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereofReceivables, if any, paid under the Policy that were or (in the event of a Deficiency Event) remaining unpaid following the distributions are to be made in purchased during or with respect to such Collection Period; (n) the aggregate Principal Balance and number of such Notes on such all Receivables with respect to which the related Financed Vehicle was repossessed; (o) the amount to be distributed to the Certificate Distribution Account; (p) the aggregate Principal Balance and number of Receivables with respect to which the Servicer granted a deferment; (q) the Yield Supplement Overcollateralization Amount for the next Payment Date; 24. (r) the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Target Credit Enhancement Overcollateralization Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29(s) the Specified Credit Enhancement Amount. Each amount set forth on the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished pursuant to statement under clauses (1a), (b) through or (3l) above, the amounts above shall be expressed as a dollar amount per Single Security$1,000 of original principal balance of a Note. Within a reasonable period of time after The Indenture Trustee will make such report (and, at its option, any additional files containing the end of same information in an alternative format) available each calendar year, month to Noteholders and the Servicer shall furnish to Rating Agencies via the Indenture Trustee, 's internet website. The Indenture Trustee's internet website shall initially be located at "www.jpmorgan.com/sfr". Such parties that are unable to use the webxxxx xxx xxxxxxxx xx have a paper copy mailed to them via first class mail by requesting such in writing sent to the Corporate Trust Office and indicating such. The Indenture Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient or more accessible to the above parties and the Indenture Trustee shall forward provide timely and adequate notification to each Person who at all above parties regarding any time during the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerchanges.

Appears in 1 contract

Samples: Sale and Servicing Agreement (BMW Vehicle Owner Trust 2005-A)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Servicer shall deliver forward the Servicing Certificate to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, pursuant to Section 3.26 of the Insurer or Indenture, shall make such Servicing Certificate available to each Certificateholder, each Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating AgenciesAgency, as with a copy to the case may be, may agree from time to time) a report prepared by Enhancer. The Servicing Certificate shall set forth the Servicer following information as to the distributions Notes and Certificates, to be made on the related extent applicable: (i) the aggregate amount of (a) Interest Collections, (b) Principal Collections (and, with respect to any Payment Date and shall forward relating to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of Managed Amortization Period, Net Principal Collections) and (c) Substitution Adjustment Amounts for such report. Both reports Collection Period; (each a "Remittance Report"ii) shall contain the following information: 1. the amount of the payment to be made on such Payment Date distribution as principal to the Holders Noteholders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture)Notes; 2. (iii) the amount of the payment to be made on such Payment Date distribution as interest to the Holders Noteholders of each class Class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment DateNotes, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made payable in respect of such Notes on such unpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase (iv) each Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; (v) the amount of such distribution to the Certificateholders; (vi) the amount of any Additional Balance Increase Amount payable to the Certificateholders; (vii) the aggregate Principal Balance of the Mortgage Loans as of the end of the preceding Collection Period; (viii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days and 150-179 days, respectively, (b) the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information shall not be provided on the statements relating to the first Payment Date; 28. (ix) the Subordination Reduction Amountnumber and aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 3.15(a) herein during such Collection Period; (x) the Net WAC Rate for the related Collection Period; (xi) prior to the second Determination Date following the commencement of the Rapid Amortization Period, if anythe aggregate amount of Additional Balances created during the previous Collection Period and conveyed to the Issuer prior to the commencement of such Rapid Amortization Period; (xii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, for the amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (xiii) the aggregate Note Balance of each Class of Notes and the Certificate Balance of each Class of the Certificates after giving effect to the distribution of principal on such Payment Date; and; 29. (xiv) the amount balance of the distribution Pre-Funding Account, Funding Account and Capitalized Interest Account as of the end of the preceding Collection Period; (xv) the Percentage Interest applicable to be each of the Securities, after application of payments made on such Payment Date Date; (xvi) the Overcollateralization Amount as of the end of the preceding Collection Period; and (xvii) the aggregate Principal Balance of Subsequent Mortgage Loans transferred to the Holders of the CertificatesTrust Estate. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate, as applicable, with a $25,000 denomination and per Certificate with a denomination equal to a 100% Percentage Interest. Within If a reasonable period Managed Amortization Event, a Rapid Amortization Event or a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, a statement to such effect, including the nature of time after such Rapid Amortization Event or Servicing Default. The Indenture Trustee, pursuant to Section 3.26 of the end Indenture, shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Managed Amortization Event, Rapid Amortization Event or Servicing Default, including, in the case of a Rapid Amortization Event or a Servicing Default, the nature thereof. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each calendar yearmonth to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.ctslink.com". Assistance in usixx xxx xxxxxxx can be obtained by calling the Indenture Trustee's customer service desk at (301) 815-6600. Parties that are xxxxxx xx xxe the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website. (b) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture TrusteeTrustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Note Payment Account, Funding Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be deemed to be presumptively correct for all purposes hereunder, and the Owner Trustee and the Indenture Trustee shall forward to each Person who at be protected in relying upon the same without any time during independent check or verification. In addition, upon the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Indenture Trustee, Servicer to enable the Issuer to perform its federal and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerstate income tax reporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (Residential Asset Mortgage Products Inc)

Statements to Securityholders. (a) On each Servicer Remittance Distribution Date, the Servicer shall deliver to the Trust, (i) the Indenture TrusteeTrustee shall include with each distribution to each Noteholder of record as of the related Record Date, and (ii) the Insurer and Trust Agent shall include with each distribution to each Certificateholder of record as of the Rating Agencies related Record Date, a statement, prepared by telecopy (the Servicer, based on the information in the Distribution Date Statement furnished pursuant to Section 3.09, setting forth for such Distribution Date the following information as of the related Record Date or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating AgenciesDistribution Date, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following information: 1. (i) the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes distribution allocable to principal (stated separately indicating for each Class of Notes and the Certificates), separately identifying the aggregate amount included therein of any (i) Full Prepayments of principal on Precomputed Contracts and (ii) Full Prepayments and partial prepayments of principal on Simple Interest Contracts; (ii) the amount of such distribution allocable to be paid as a prepayment interest (stated separately for each Class of principal pursuant to Section 8.3(g) of Notes and the IndentureCertificates); 2. (iii) the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date Note Percentage and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Certificate Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related such Collection Period; 19. (iv) the aggregate amount of Realized Losses incurred during Certificate Distributable Amount and the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account Note Distributable Amount for such Payment Distribution Date; 21. (v) the Class A-1 Note Principal BalancePremium payable to the Insurer; (vi) the amount to be on deposit in the Spread Account on such Distribution Date, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance before and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date deposits thereto and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions withdrawals therefrom to be made in respect of such Notes on such Payment Distribution Date; 24. (vii) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee, specifying as to whether such amount is to be (A) deposited into the Payment Account, (B) paid to the Insurer or (C) deposited into the Certificate Distribution Account for distribution to the holders of the Residual Interests pursuant to Section 4.04(b); (viii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period; (ix) the amount of fees paid to the Owner Trustee, the Trust Agent and the Indenture Trustee, with respect to the related Collection Period; (x) the amount of any Prepayment Note Interest Shortfalls for Carryover Shortfall, Note Principal Carryover Shortfall, Certificate Interest Carryover Shortfall and Certificate Principal Carryover Shortfall on such Payment Date, Distribution Date and the change in such amounts from those with respect to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment immediately preceding Distribution Date; 26. (xi) the Required Subordinated Amount for such Payment Datenumber of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis; 27. (xii) the Subordination Increase Net Collections and the Policy Claim Amount, if any, for such Payment Distribution Date; 28. (xiii) the Subordination Reduction Amount, if any, aggregate amount of Liquidation Proceeds received for such Payment DateDefaulted Contracts; -52- 57 (xiv) the net credit losses and Cram Down Losses for the Collection Period; (xv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed; and 29. (xvi) the amount Pool Balance, the Note Pool Factor for each Class of Notes and the Certificate Pool Factor as of such Distribution Date after giving effect to the distribution to be made on such Payment Date to the Holders of the CertificatesDistribution Date. In the case of information furnished Each amount set forth pursuant to clauses subclauses (1i) through or (3ii) above, the amounts above shall be expressed as a dollar amount per Single Security. $1,000.00 of original principal amount of a Note or original Certificate Balance, as the case may be. (b) Within a reasonable period of time after the end of each calendar year, but not later than the latest date permitted by law, the Servicer shall prepare and furnish to the Issuer, the Indenture TrusteeTrustee and each Paying Agent, and the Indenture Trustee Paying Agent for the Notes and the Paying Agent for the Certificates shall forward furnish to each Person who at on any time Record Date during the such calendar year was shall have been a Holder of a Note (a) or a Certificate, respectively, a statement or statements containing the information sum of the amounts set forth in clauses (1i) through and (3ii) above, aggregated above for such calendar year or applicable portion thereof during which and such person was a Noteholder and (b) other information as is reasonably necessary for the preparation of such information contained Person's federal income tax return in the Remittance Reports as required to enable the Holders respect of the Notes to prepare their tax returns. Such obligation of or Certificates or, in the Servicer event such Person shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Note or a Certificate during a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for portion of such calendar year or year, for the applicable portion thereof during which of such Person was a Certificateholder. Upon requestyear, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports Noteholder's or information to be provided at the expense Certificateholder's preparation of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerfederal income tax returns.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Servicer shall deliver forward the Servicing Certificate to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, pursuant to Section 3.26 of the Insurer or Indenture, shall make such Servicing Certificate available to each Certificateholder, each Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating AgenciesAgency, as with a copy to the case may be, may agree from time to time) a report prepared by Enhancer. The Servicing Certificate shall set forth the Servicer following information as to the distributions Notes and Certificates, to be made on the related extent applicable: (i) the aggregate amount of (a) Interest Collections, (b) Principal Collections (and, with respect to any Payment Date and shall forward relating to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of Managed Amortization Period, Net Principal Collections) and (c) Substitution Adjustment Amounts for such report. Both reports Collection Period; (each a "Remittance Report"ii) shall contain the following information: 1. the amount of the payment to be made on such Payment Date distribution as principal to the Holders Noteholders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture)Notes; 2. (iii) the amount of the payment to be made on such Payment Date distribution as interest to the Holders Noteholders of each class Class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment DateNotes, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made payable in respect of such Notes on such unpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase (iv) each Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; (v) the amount of such distribution to the Certificateholders; (vi) the amount of any Additional Balance Increase Amount payable to the Certificateholders; (vii) the aggregate Principal Balance of the Mortgage Loans as of the end of the preceding Collection Period; (viii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days and 150-179 days, respectively, (b) the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information shall not be provided on the statements relating to the first Payment Date; 28. (ix) the Subordination Reduction Amountnumber and aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 3.15(a) herein during such Collection Period; (x) the Net WAC Rate for the related Collection Period; (xi) prior to the second Determination Date following the commencement of the Rapid Amortization Period, if anythe aggregate amount of Additional Balances created during the previous Collection Period and conveyed to the Issuer prior to the commencement of such Rapid Amortization Period; (xii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, for the amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (xiii) the aggregate Note Balance of each Class of Notes and the Certificate Balance of each Class of the Certificates after giving effect to the distribution of principal on such Payment Date; and; 29. (xiv) the amount balance of the distribution Funding Account and the Reserve Sub-Account as of the end of the preceding Collection Period; (xv) the Percentage Interest applicable to be each of the Securities, after application of payments made on such Payment Date Date; (xvi) the Overcollateralization Amount as of the end of the preceding Collection Period; and (xvii) the aggregate Principal Balance of Subsequent Mortgage Loans transferred to the Holders of the CertificatesTrust Estate. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate, as applicable, with a $25,000 denomination and per Certificate with a denomination equal to a 100% Percentage Interest. Within If a reasonable period Rapid Amortization Event or a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, a statement to such effect, including the nature of time after such Rapid Amortization Event or Servicing Default. Upon the end Servicer's becoming aware of any Early Amortization Event, the Servicer shall forward to the Indenture Trustee and the Enhancer, a statement to such effect, including the nature of such Early Amortization Event. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each calendar yearCertificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Rapid Amortization Event, Early Amortization Event or Servicing Default, including, the nature thereof. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.ctslink.com". Assistance in using the website can be obtained xx xxxxxxx xxx Indenture Trustee's customer service desk at (301) 815-6600. Parties that are unable to use the above dixxxxxxxxxx xxxions are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website. (b) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture TrusteeTrustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and the Reserve Sub-Account and deposited into the Note Payment Account, Reserve Sub-Account, Funding Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be deemed to be presumptively correct for all purposes hereunder, and the Owner Trustee and the Indenture Trustee shall forward to each Person who at be protected in relying upon the same without any time during independent check or verification. In addition, upon the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Indenture Trustee, Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. (c) If the Indenture Trustee shall forward Note Balance of the Variable Pay Revolving Notes is to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect reduced on any Payment Date pursuant to the Securityholderterms of the Indenture, or otherwise with respect the Servicer shall, not later than 12:00 Noon (New York time) on the second Business Day prior to such Payment Date, deliver a written notice to the purposes Administrative Agent specifying the amount of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerreduction.

Appears in 1 contract

Samples: Servicing Agreement (Residential Asset Mort Prod Inc Gmacm Home Eq Ln Tr 2004 He1)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the related Determination Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail monthly Servicing Reports in a computer readable magnetic tape or diskette of such reportmutually agreeable electronic format. Both reports (each a "Remittance Report") The Servicing Reports shall contain set forth the following informationinformation to the extent applicable: 1. the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(gi) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by (a) Interest Collections, (b) Principal Collections, (c) Substitution Adjustment Amounts and (d) Investor P&I Collections; (a) the Servicer aggregate Loan Balance of the Home Equity Loans as of the end of the preceding Collection Period, (b) the Investor Amount, (c) the aggregate Loan Balance of the Mortgage Loans and (d) the aggregate Loan Balance of the Revolving Credit Loans; (iii) with respect to the Revolving Credit Loans, the aggregate amount of Additional Balances created during the previous Collection Period conveyed to the Issuer; (iv) the number and aggregate Loan Balances of Home Equity Loans (a) as to which the Minimum Monthly Payment is delinquent for [__]-[__] days, [__]-[__] days and [__] or more days, respectively, (b) that are foreclosed and (c) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (v) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance; (vi) the aggregate Servicing Fees for the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage Draws for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii(vii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid outstanding principal balance of Mortgage the [__] Home Equity Loans (a) 30 days past duehaving the largest outstanding principal balances or Credit Limits, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during applicable for the related Collection Period; 19. (viii) the number and aggregate amount outstanding principal balances of Realized Losses incurred during the Home Equity Loans which are [__] or more days delinquent in the payment of all or any portion of the scheduled interest or principal for the related Collection Period; 20. (ix) the [__]+ Delinquency Percentage (Rolling [__] Month) for the related Collection Period; (x) the number and the aggregate Loan Balances of Liquidated Home Equity Loans for the related Collection Period; and (xi) the number and the aggregate Loan Balances of Home Equity Loans having an outstanding principal balance (or any other amounts owing but otherwise unpaid) as of or following the final maturity date as set forth in the Related Documents respecting such Home Equity Loans. The Indenture Trustee pursuant to Section 3.26 of the Indenture shall prepare its monthly Statement based solely on the information contained in the Servicing Reports and shall make available such Statements to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency. The Indenture Trustee may conclusively rely on the correctness of the information contained in the Servicing Reports, without independent verification thereof. The Statements to Securityholders shall contain the information in the Servicing Report and the following information: (i) the amount of extraordinary expenses withdrawn from any distribution of principal to the Collection Account or the Distribution Account for such Payment DateNoteholders; 21. (ii) the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect amount of any distribution of interest to the distributions to be made on such Payment Date; 22. Noteholders, separately stating the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount portion thereof in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Dateoverdue accrued interest; 24. (iii) the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed; (iv) the amount of such distribution as principal and interest to the Certificateholders of each Class of Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Principal Balance thereof; (v) the weighted average Net Loan Rate for the related Collection Period; (vi) the Security Balance of the Notes and the Class Principal Balance of each Class of Certificates after giving effect to the distribution of principal on such Payment Date; 28. (vii) the Subordination Reduction Amount, if any, Required Overcollateralization Amount for such the related Payment Date; and 29. (viii) the amount of Overcollateralization Amount for the distribution to be made on such related Payment Date to the Holders of the CertificatesDate. In the case of information furnished pursuant to clauses (1i) through and (3ii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate, as applicable, with a $[__] denomination. Within The Indenture Trustee will make the monthly statement (and, at its option, any additional files containing the same information in an alternative format) available each month to the Noteholders, the Certificateholders, and the other parties described in the second preceding paragraph via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "[__]". Assistance in using the website can be obtained by calling the Indenture Trustee's customer service desk at [__]. Parties that are unable to use the above Statement distribution option are entitled to have a reasonable period paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way monthly Statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders and the Certificateholders and the Indenture Trustee shall provide timely and adequate notification to all the Noteholders and the Certificateholders regarding any such changes. The Indenture Trustee shall deliver to the Credit Enhancer a paper copy of time after such monthly Statements. In addition, the end Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make payments pursuant to Section 3.05 of the Indenture. Prior to the close of business on each calendar yearDetermination Date, the Servicer shall furnish a written statement to the Indenture Trustee, Certificate Paying Agent and the Indenture Trustee shall forward to each Person who at any time during setting forth the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as aggregate amounts required to enable be withdrawn from the Holders of Collection Account and deposited into the Notes Payment Account on such Determination Date pursuant to prepare their tax returnsSection 3.03. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided The determination by the Servicer pursuant of such amounts shall, in the absence of obvious error, be presumptively deemed to any requirements of be correct for all purposes hereunder and the Code as from time to time are in force. On each Payment Date, the Certificate Paying Agent and Indenture Trustee shall forward to be protected in relying upon the Trustsame without any independent check or verification. In addition, upon the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Issuer's written request, the Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Indenture Trustee, Servicer to enable the Issuer to perform its federal and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerstate income tax reporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain and the following information: 1. the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal Indenture Trustee pursuant to Section 8.3(g) 3.26 of the Indenture); 2. the amount of the payment Indenture shall forward or cause to be made on such Payment Date forwarded by mail or otherwise make available electronically at www.jpmorgan.com/sfr to each Cexxxxxxxxxxxxxxx, Xxteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information (the "Servicing Certificate") as to the Holders of each class of Class A Notes allocable and Certificates, to interest;the extent applicable: 3. (i) the aggregate amount of servicing compensation received by (a) Interest Collections, (b) Principal Collections and (c) Substitution Adjustment Amounts; (ii) the Servicer during amount of such distribution as principal to the Noteholders; (iii) the amount of such distribution as interest to the Noteholders, separately stating the portion thereof in respect of overdue accrued interest; (iv) the number and Pool Balance of the Home Loans as of the end of the related Collection Period Period; (v) the number and such other customary information within aggregate Loan Balances of Home Loans (a) as to which the knowledge Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) end of the Indenture); 6. related Collection Period; provided, however, that such information will not be provided on the amount, if any, by which statements relating to the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such first Payment Date; 7. (vi) the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage weighted average Loan Rate for the related Collection Period; 11. (vii) the Cumulative aggregate Liquidation Loss Percentage for such Payment Date; 12. Amounts with respect to the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Daterelated Collection Period, the amount of any reimbursement payment to be made Liquidation Loss Distribution Amounts with respect to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) Notes, and the aggregate of the Indenture Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance; (viii) the aggregate Excess Loss Amounts with respect to the related Collection Period and the amount aggregate of Cumulative Insurance Payments the Excess Loss Amounts from all Collection Periods to date; (ix) the Note Balance of the Notes and the Certificate Principal Balance of the Certificates after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance distribution of the Mortgage Loans and any REO Properties at the close of business principal on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (ax) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during Servicing Fees for the related Collection Period; 19. (xi) the aggregate amount of Realized Losses incurred during Outstanding Reserve Amount and the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for Reserve Amount Target immediately following such Payment Date; 21. (a) the Class A-1 Note Principal Balancenumber and principal amount of release agreements pursuant to Section 3.05(b)(iv) entered into during the calendar year and since the Closing Date, Class A-2 Note Principal Balancestated separately, Class A-3 Note Principal Balancefor the Home Loans and, Class A-4 Note Principal Balance, Class A-5 Note Principal the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance with information provided separately with respect to all Unsecured Loans and Class A-6 Note Principal Balance, after giving effect (b) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into since the distributions to be made on such Payment Closing Date; 22. (xiii) the Note Factor for each such Class aggregate amount recovered during the related Collection Period consisting of Notes applicable to such Payment Dateall subsequent recoveries on any Home Loan that was 180 days or more delinquent; 23. (xiv) the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereofamount, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered paid by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Datea Derivative Counterparty under a Derivative Contract; and 29. the amount of the distribution to be made on such Payment Date to the Holders of the Certificates(xv) whether or not a Servicing Trigger has occurred. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single Security. Within Note or Certificate, as applicable, with a reasonable period of time $1,000 denomination. (b) In addition, with respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Rating Agencies the following information for each Capitalization Workout entered into during the related Collection Period: (i) the original Home Loan amount; (ii) the Home Loan amount after the end of each calendar yearCapitalization Workout; (iii) the original Monthly Payment amount; (iv) the Monthly Payment amount after the Capitalization Workout; (v) the Capitalized Amount as defined in Section 3.02(a)(v) herein; (vi) the Combined Loan-to-Value Ratio prior to the Capitalization Workout; (vii) the Combined Loan-to-Value Ratio after the Capitalization Workout; and (viii) if an appraisal was used in determining the Combined Loan-to-Value Ratio referred to in (vii) above, the type and date of appraisal. The Master Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Indenture Trustee, Certificate Paying Agent and the Indenture Trustee shall forward setting forth the aggregate amounts required to each Person who at any time during be withdrawn from the calendar year was a Holder Custodial Account and deposited into the Payment Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of a Note (a) a statement containing the information set forth in clauses (1) through (3) abovesuch amounts shall, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Holders of the Notes Issuer to prepare their perform its federal and state income tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerreporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Servicer shall deliver forward the Servicing Certificate to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, pursuant to Section 3.26 of the Insurer or Indenture, shall make such Servicing Certificate available to each Certificateholder, each Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent, each Rating Agencies, as Agency and the case may be, may agree from time to time) a report prepared by Enhancer. The Servicing Certificate shall set forth the Servicer following information as to the distributions to be made on the related Payment Date Notes and shall forward Certificates, to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following informationextent applicable: 1. the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(gi) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable(a) Interest Collections, or which a Securityholder reasonably requests(b) Principal Collections (and, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made Payment Date relating to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iiiManaged Amortization Period, Net Principal Collections), (c) Substitution Adjustment Amounts and (vd) of the IndentureExcess Spread, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. (ii) the amount of any Insurance Payment such distribution as principal to be made the Noteholders of each Class of Notes; (iii) the amount of such distribution as interest to the Noteholders of each Class A Noteholders on such Payment Dateof Notes, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made payable in respect of such Notes on such unpaid Interest Shortfalls, and the amount of any Interest Shortfalls and Relief Act Shortfalls for the related Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase (iv) each Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; (v) the amount of such distribution to the Certificateholders; (vi) the amount of any Additional Balance Increase Amount payable to the Certificateholders; (vii) the aggregate Principal Balance of the Mortgage Loans as of the end of the related Collection Period; (viii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and greater than 180 days, respectively, (b) the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REO Property, in each case as of the end of the related Collection Period; provided, however, that such information shall not be provided on the statements relating to the first Payment Date; 28. (ix) the Subordination Reduction Amountnumber and aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 3.15(a) herein during the related Collection Period; (x) the Net WAC Rate for the related Collection Period; (xi) prior to the second Determination Date following the commencement of the Rapid Amortization Period, if anythe aggregate amount of Additional Balances created during the related Collection Period and conveyed to the Issuer prior to the commencement of such Rapid Amortization Period; (xii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, for the amount distributed as principal to Noteholders or paid to the Funding Account in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (xiii) the aggregate Note Balance of each Class of Notes and the Certificate Balance of each Class of the Certificates after giving effect to the distribution of principal on such Payment Date; and; 29. (xiv) the amount balance of the distribution Pre-Funding Account, Capitalized Interest Account, Funding Account and the Reserve Sub-Account as of the end of the related Collection Period; (xv) the Percentage Interest applicable to be each of the Securities, after application of payments made on such Payment Date Date; (xvi) the Overcollateralization Amount as of the end of the related Collection Period and whether the Excess Spread Test is satisfied as of the end of the related Collection Period; and (xvii) the aggregate Principal Balance of Subsequent Mortgage Loans transferred to the Holders of Trust Estate during the Certificatesrelated Collection Period. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate, as applicable, with a $25,000 denomination per Note and with a denomination equal to a 100% Percentage Interest per Certificate. Within If a reasonable period of time after Rapid Amortization Event or a Servicing Default shall occur, on the end of each calendar yearBusiness Day following the related Determination Date, the Servicer shall furnish forward to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Note (a) a statement containing to such effect, including the information set forth in clauses (1) through (3) abovenature of such Rapid Amortization Event or Servicing Default. Upon the Servicer's becoming aware of any Early Amortization Event, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the TrustIndenture Trustee a statement to such effect, including the nature of such Early Amortization Event. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, each Holder of a Certificatethe Owner Trustee, the Insurer Certificate Paying Agent and each Rating Agency, notice of such Rapid Amortization Event, Early Amortization Event or Servicing Default, including the Servicernature thereof. Such statement may be included in, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar yearor separate from, the Servicer shall furnish regular statement made available to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the ServicerSecurityholders.

Appears in 1 contract

Samples: Servicing Agreement (Gmacm Home Equity Loan Trust 2005-He3)

Statements to Securityholders. (a) On or before each Servicer Remittance Distribution Date, the Master Servicer shall deliver provide to the TrustOwner Trustee (with copies to the Depositor and the Rating Agencies) to forward to each Certificateholder of record, and to the Indenture Trustee, to forward to each Noteholder of record, a statement, based on the Insurer and related Master Servicer's Certificate setting forth at least the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer following information as to the distributions Securities with respect to be made on the related Payment Distribution Date and shall forward Collection Period, in substantially the form of Exhibit B, to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following informationextent applicable: 1. (i) the amount of such distribution allocable to principal for each Class of Notes; (ii) the payment Priority Principal Distributable Amount; (iii) the Secondary Principal Distributable Amount; (iv) the Regular Principal Distributable Amount; (v) the amount of such distribution allocable to be made current and overdue interest (including any interest on such Payment Date to overdue interest) for each Class of Notes; (vi) the Holders Total Servicing Fee; (vii) the Total Trustee Fees; (viii) the aggregate outstanding principal amount of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable Note Pool Factor with respect to principal and interest; 5. the Available Distribution Amount for such Payment Date each Class of Notes (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding each case after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Datepayments allocated to principal reported under clause (i) above); 8. with respect to any reimbursement to be made to (ix) the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Pool Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. (x) the Reserve Fund Amount on such Distribution Date (after giving effect to all deposits to or withdrawals from the Reserve Fund on such Distribution Date) and the Reserve Fund Draw Amount; (xi) the aggregate amount Purchase Amount of Realized Losses incurred during Receivables repurchased by the Seller or purchased by the Master Servicer, if any, with respect to the related Collection Period; 20. (xii) the number and aggregate amount Principal Balance of extraordinary expenses withdrawn from Receivables that were 30-59 days, 60-89 days or 90 days or more delinquent as of the last day of the related Collection Account or the Distribution Account for such Payment DatePeriod; 21. (xiii) the Class A-1 Nonrecoverable Advances, if any; (xiv) the Net Losses with respect to the related Collection Period; (xv) the Overcollateralization Target Amount and the amount by which the Pool Balance exceeds the Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, (after giving effect to any payments made to the distributions to be made Noteholders on such Payment Distribution Date); 22. (xvi) the Note Factor for each such Class amount of Notes applicable to such Payment DateAvailable Collections; 23. (xvii) the Interest Distribution Amount in respect of the Class A Notes for such Payment Date Cumulative Net Loss Percentage and the respective portions thereofSequential Payment Trigger; (xviii) the Yield Supplement Account Draw Amount; (xix) the amount of Excess Collections; (xx) the amount, if any, paid under withdrawn from the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions Pre-Funding Account to be made in respect of such Notes on such Payment Datepurchase Subsequent Receivables; 24. (xxi) the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Pre-Funding Account Amount, if any, for such Payment Date; 28. (xxii) the Subordination Reduction Negative Carry Account Draw Amount; (xxiii) investment earnings on amounts on deposit in the Pre-Funding Account during such Collection Period, if any, for such Payment Date; and 29. (xxiv) for the amount Distribution Date following the Collection Period in which the Pre-Funding Period ends, the Pre-Funding Account Amount that is being paid to the Noteholders as an additional payment of principal on the Notes in accordance with the final paragraph of Section 2.08(b) of the distribution to be made on such Payment Date to Indenture. (b) Within the Holders of the Certificates. In the case of information furnished pursuant to clauses (1) through (3) above, the amounts shall be expressed as a dollar amount per Single Security. Within a reasonable prescribed period of time for tax reporting purposes after the end of each calendar yearyear during the term of the Issuer, but not later than the latest date permitted by law, the Servicer shall furnish to the Indenture related Trustee, and the Indenture Trustee upon receipt thereof, shall forward mail to each Person who at any time during the such calendar year was shall have been a Holder of Securityholder, a Note (a) a statement statement, prepared by the Master Servicer, containing the certain information set forth in clauses (1) through (3) above, aggregated for such calendar year or or, in the event such Person shall have been a Securityholder during a portion of such calendar year, for the applicable portion thereof during which of such person was a Noteholder and (b) year, for the purposes of such information contained in the Remittance Reports as required to enable the Holders Securityholder's preparation of the Notes to prepare their federal income tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment DateIn addition, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Master Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward Trustees for distribution to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, at such time any other information necessary under applicable law for the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term preparation of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerincome tax returns.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC)

Statements to Securityholders. On each Servicer Remittance Payment Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward provide to the Indenture Trustee by overnight mail (with a computer readable magnetic tape or diskette copy to each Rating Agency) for the Indenture Trustee to forward to each Noteholder of such report. Both reports (record as of the 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 "Remittance Report") shall contain statement substantially in the form of Exhibit B, respectively, setting forth at least the following informationinformation as to the Securities to the extent applicable: 1. (i) the amount of the payment to be made on such Payment Date collections received with respect to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer Receivables during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount allocable to be distributed as a prepayment each Class of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account Notes on such Payment Date; 7. (ii) the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. collections received with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) Receivables during the related Collection Period and (v) of the Indenture, the amount, if any, allocable to principal and the amount interest allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made each Class of Notes on such Payment Date; 10. (iii) the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount Outstanding Amount of any Insurance Payment to be made to each Class A Noteholders on such Payment Dateof Notes, the amount of any reimbursement payment to be made to the Insurer on Note Pool Factor for each such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day day of the calendar month preceding Collection Period, after giving effect to payments allocated to principal reported under clause (i) above; (iv) the amount of the Servicing Fee paid to the Servicer and the amount of any fees payable to the Owner Trustee, or the Indenture Trustee with respect to the related Collection Period; (v) the aggregate amounts of Realized Losses, if any, with respect to the related Collection Period; (vi) the balance of the Reserve Account on the related Determination Date after giving effect to deposits and withdrawals to be made on the relevant Payment Date, if any; (vii) the Pool Balance as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above; (viii) the amount of any deposit to the Reserve Account and the amount and application of any funds withdrawn from the Reserve Account, in each case with respect to such Payment Date; 18. (ix) the aggregate amount principal balance of Principal Prepayments made all Receivables that became Liquidated Receivables or Purchased Receivables during the related Collection Period; 19. (x) the aggregate amount principal balance and number of Realized Losses incurred during Receivables that are 30 to 60 days, 61 to 90 days or 91 days or more delinquent as of the last day of the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, (xi) any Available Amounts Shortfall after giving effect to the distributions to be made payments on such Payment Date, and any change in such amounts from the preceding statement; 22. (xii) the Note Factor aggregate Purchase Amounts for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereofReceivables, if any, paid under the Policy that were purchased during or (in the event of a Deficiency Event) remaining unpaid following the distributions with respect to be made in respect of such Notes on such Payment DateCollection Period; 24. (xiii) the aggregate amount Principal Balance and number of any Prepayment Interest Shortfalls for such Payment Date, all Receivables with respect to which the extent not covered by payments by related Financed Vehicle was repossessed; (xiv) the aggregate Principal Balance and number of Receivables with respect to which the Servicer pursuant to Section 3.26granted an extension; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. (xv) the Required Subordinated Yield Supplement Overcollateralization Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Datenext Collection Period; and 29(xvi) any amounts distributed to the Certificateholders. Each amount set forth on the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished pursuant to statement under clauses (1i), (ii) through or (3iv) above, the amounts above shall be expressed as a dollar amount per Single Security$1,000 of original principal balance of a Certificate or Note, as applicable. Within a reasonable period of time after The Indenture Trustee may make any such statement (and, at its option, any additional files containing the end of each calendar year, same information in an alternative format) available to the Servicer shall furnish applicable Noteholders via www.CTSLink.com. In connection with providing access to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment DateXxxxxxx'x xxxxite, the Indenture Trustee shall forward to may require registration and the Trust, the Depositor, each Holder acceptance of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Datedisclaimer. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the The Indenture Trustee shall forward have the right to each Person who at any time during change the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually way such statements are distributed with respect in order to make such distributions more convenient and/or more accessible to the Certificatesabove parties regarding any such changes; provided, as appropriatehowever, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerwill also mail copies of any such statements to any requesting Noteholder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Hyundai Abs Funding Corp)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by overnight mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain statement setting forth the following informationinformation as to the Notes and Certificates, to the extent applicable: 1. (i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificates; (ii) the amount of the payment to be made on such Payment Date distribution to the Holders Securityholders of each Class the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of Class A Notes allocable to principal (separately indicating the Accelerated Principal Distribution Amount and the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit deposited in the Distribution Funding Account on such Payment Date; 7. (iii) the amount of Monthly Advances such distribution to be made by the Servicer Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to overdue accrued interest; 9. Cumulative Insurance Payments after giving effect to (iv) the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed; (v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loans; (vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90- 179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; PROVIDED, HOWEVER, that such information will not be provided on the statements relating to the first Payment Date; 28. (vii) the Subordination Reduction Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period; (viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, if anyin each case as the end of the related Collection Period; and (ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account; (x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, for the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance; (xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date; (xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date; (xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and 29. (xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the distribution to be made Indenture on such Payment Date to the Holders of the CertificatesDate. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityNote or Certificate with a $1,000 denomination. Within a reasonable period Prior to the close of time after business on the end of Business Day next succeeding each calendar yearDetermination Date, the Servicer shall furnish a written statement to the Indenture Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee shall forward setting forth (i) all the foregoing information, (ii) the aggregate amounts required to each Person who at any time during be withdrawn from the calendar year was a Holder of a Note (a) a statement containing Collection Account and deposited into the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (biii) such information contained in the Remittance Reports as required amounts (A) withdrawn from the Payment Account and deposited to enable the Holders Funding Account pursuant to Section 8.02(b) of the Notes Indenture and (B) withdrawn from the Funding Account and deposited to prepare their tax returns. Such obligation the Collection Account pursuant to Section 8.02(c)(i) of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided Indenture. The determination by the Servicer pursuant of such amounts shall, in the absence of obvious error, be presumptively deemed to any requirements of be correct for all purposes hereunder and the Code as from time to time are in force. On each Payment Date, the Owner Trustee and Indenture Trustee shall forward to be protected in relying upon the Trustsame without any independent check or verification. In addition, upon the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon Company's written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Indenture Trustee, Servicer to enable the Company to perform its federal and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerstate income tax reporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (Southern Pacific Secured Assets Corp)

Statements to Securityholders. On (a) With respect to each Servicer Remittance Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain and the following information: 1. the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal Indenture Trustee pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge 3.26 of the Indenture Trustee shall forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information (the "Servicing Certificate") as to the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requestsNotes and Certificates, to enable Securityholders to prepare their tax returns;the extent applicable: 4. the Scheduled Payments (a) for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Dateeach Loan Group, the aggregate amount of Monthly Advances outstanding after giving effect (a) Interest Collections, (b) Principal Collections and (c) Substitution Adjustment Amounts for such Collection Period; (b) the amount paid as principal to such Monthly Advancesthe Noteholders of each Class of Notes; (c) for each Loan Group, and the aggregate amount paid as interest to the Noteholders of Nonrecoverable Monthly Advances each Class of Notes, separately stating the portion thereof in respect of such Payment DatePrepayment Interest Shortfalls, Relief Act Shortfalls or Basis Risk Shortfalls, if any; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii(d) and (v) of the Indenturefor each Loan Group, the amountaggregate Interest Distribution Amount remaining unpaid, if any, allocable to principal for each Class of Class I Notes and the amount allocable to interest; 9. Cumulative Insurance Payments Class II Notes, after giving effect to the distributions to be payments made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment (e) with respect to be made to Class A Noteholders on such Payment DateLoan Group II, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders Credit Enhancement Draw Amount or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase AmountDissolution Draw, if any, for such Payment Date, the amount paid to the Credit Enhancer in reimbursement for prior draws and the aggregate amount of prior draws under the Group II Policy not yet reimbursed; 28. (f) with respect to Loan Group I, the Subordination Reduction Amountamount of any payment made under the Group I Policy, if any, for such Payment Date and the aggregate of all such payments from all Collection Periods to date made under the Group I Policy; (g) for each Loan Group, the amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Loan Balance thereof; (h) the aggregate Loan Balance of the Home Equity Loans in each Loan Group as of the end of the preceding Collection Period; (i) the aggregate amount of Additional Balances on the Group II Loans created during the previous Collection Period conveyed to the Issuer; (j) for each Loan Group, the number and aggregate Loan Balances of Home Equity Loans (a) as to which the Minimum Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed and (c) that have become REO, in each case as of the end of the related Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (k) the Note Rate for each Class of Class I Notes and Class II Notes, the Group I Net WAC Rate, the Group II Net WAC Rate and the Class A-I-IO Net WAC Rate for the related Collection Period; (l) for each Loan Group, the aggregate Liquidation Loss Amounts and any Uninsured Losses with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts and any Uninsured Losses from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance for such Loan Group; (m) the aggregate Excess Loss Amounts with respect to the Group II Loans with respect to the related Collection Period and the aggregate of the Excess Loss Amounts with respect to the Group II Loans from all Collection Periods to date; (n) for each Loan Group, the aggregate Special Hazard Losses, Fraud Losses, Bankruptcy Losses and losses caused by or resulting from an Extraordinary Event with respect to the related Collection Period and the aggregate of each of such losses from all Collection Periods to date; (o) for each Loan Group, the Security Balance of each related Class of Notes and the Certificate Principal Balance of the related Certificates after giving effect to the distribution of principal on such Payment Date; (p) the aggregate Servicing Fees for the related Collection Period and the aggregate amount of Draws for the related Collection Period; (q) the number and amount of any increases in the Credit Limits of the Home Equity Loans during the related Collection Period; (r) the Outstanding Overcollateralization Amount, the Undercollateralization Amount, the Special Hazard Amount for Loan Group II, the Fraud Loss Amount for each Loan Group, the Bankruptcy Loss Amount for each Loan Group and the Overcollateralization Amount Target immediately following such Payment Date; and 29. (s) (1) the number and principal amount of release agreements pursuant to Section 3.05(c) entered into during the calendar year and since the Closing Date, stated separately, for the Group II Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance for Loan Group II with information provided separately with respect to all Unsecured Loans and (2) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into during the calendar year and since the Closing Date, stated separately for each Loan Group and the aggregate outstanding amount of the distribution to be made on such Payment Date to the Holders Capitalization Workouts expressed as a percentage of the Certificatesrespective Pool Balance. In the case of information furnished pursuant to clauses (1ii) through and (3iii) above, the amounts shall be expressed as a an aggregate dollar amount per Single SecurityVariable Funding Note, Term Note or Certificate, as applicable, with a $1,000 denomination. Within a reasonable period of time after the end of each calendar yearIn addition, the Master Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Indenture Trustee, Certificate Paying Agent and the Indenture Trustee shall forward setting forth the aggregate amounts required to each Person who at any time during be withdrawn from the calendar year was a Holder Custodial Account and deposited into the Payment Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of a Note (a) a statement containing the information set forth in clauses (1) through (3) abovesuch amounts shall, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Holders of the Notes Issuer to prepare their perform its federal and state income tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerreporting obligations.

Appears in 1 contract

Samples: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Statements to Securityholders. (a) On or prior to each Servicer Remittance Payment Date, the Servicer shall deliver provide to the Trust, the Indenture Trustee, the Insurer Trustee and the Rating Agencies by telecopy Owner Trustee (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or with a copy to the Rating Agencies, as ) for the Trustee and the Owner Trustee to forward to each Securityholder of record (in the case may beof the Trustee, may agree from time pursuant to timeSection 5.8(b)) a report prepared the statement or statements provided by the Servicer in substantially the form attached hereto as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain Exhibit E setting forth at least the following information: 1. (i) the amount of any distributions allocable to principal of each Class of Notes; (ii) the amount of such distribution allocable to interest on or with respect to each Class of Notes; (iii) the Pool Balance as of the close of business on the last day of the related Collection Period; (iv) the Note Balance for each Class of Notes after giving effect to payments allocated to principal reported under clause (i) above; (v) the amount of the payment to be made on such Payment Date Servicing Fee paid to the Holders of each Class of Class A Notes allocable Servicer with respect to principal (separately indicating the related Collection Period, and the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of any unpaid Servicing Fees and the Indenture)change in such amount from the prior Payment Date; 2. (vi) the amount of the payment Backup Servicing Fee and the Trustee Fees paid to be made on the Backup Servicer, the Trustee and the Owner Trustee, as applicable, with respect to the related Collection Period, and the amount of any unpaid Backup Servicing Fees and Trustee Fees and the change in all such amounts from the prior Payment Date; (vii) the Noteholders’ Interest Carryover Shortfall for each Class of Notes for such Payment Date Date; (viii) the amount, if any, paid to the Holders of each class of Class A Notes allocable to interestNoteholders from the Series 2012-B Spread Account for such Payment Date; 3. (ix) the aggregate amount in the Series 2012-B Spread Account and the change in such amount from the previous Payment Date and the Specified Spread Account Requisite Amount for such Payment Date; (x) the number of servicing compensation received Receivables and the aggregate net balance thereon for which the related Obligors are delinquent in making Scheduled Receivable Payments for (a) 31 to 60 days, (b) 61 to 90 days, and (c) 91 days or more; (xi) the number and the aggregate Purchase Amounts for Receivables purchased by CPS or purchased by the Servicer during the related Collection Period and such other customary summary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date losses and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. delinquencies with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interestReceivables; 9. Cumulative Insurance Payments after giving effect to (xii) the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close all Receivables that have become Liquidated Receivables, net of business on such Payment Date; 14. the numberRecoveries, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. (xiii) the cumulative Principal Balance of all Receivables that have become Liquidated Receivables, net of Recoveries, during the period from the Cutoff Date to the last day of the related Collection Period; (xiv) the amount of any Texas Franchise Tax due and owing by CPS under the Receivables Purchase Agreement to the taxing authority of the State of Texas on or prior to the related Payment Date or paid by CPS since the prior Payment Date; (xv) the Three-Month Rolling Average Extension Ratio, the Cumulative Net Loss Rate, the Delinquency Ratio and the Three-Month Rolling Average Delinquency Ratio; (xvi) the aggregate amount of Realized Losses incurred Sale Amount with respect to Sold Receivables, if any, during the related Collection Period; 20. (xvii) for any Payment Date during the aggregate Funding Period, the Pre-Funded Amount and the change in such amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such previous Payment Date; and 29. (xviii) for the Mandatory Redemption Date, the amount of any remaining Pre-Funded Amount that was not used to fund the distribution to be made on such Payment Date to the Holders purchase of the Certificates. In the case of information furnished pursuant to clauses Subsequent Receivables. (1b) through (3) above, the amounts shall be expressed as a dollar amount per Single Security. Within a reasonable period of time 60 days after the end of each calendar year, the Servicer shall furnish deliver to the Indenture TrusteeTrustee a statement setting forth the amounts paid during such preceding calendar year in respect of paragraphs (i), (ii), (v) and the Indenture (vi) above. The Trustee shall forward mail a copy of such statement to each Person person who at any time during the such preceding calendar year was shall have been a Holder Securityholder of record and received any payment in respect of the Securities. (c) The Trustee may make available to the Securityholders, via the Trustee’s Internet Website, all statements described herein and, with the consent or at the direction of the Seller, such other information regarding the Notes and/or the Receivables as the Trustee may have in its possession, but only with the use of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be password provided by the Servicer pursuant Trustee. The Trustee will make no representation or warranties as to any requirements the accuracy or completeness of such documents and will assume no responsibility therefor. The Trustee’s Internet Website shall be initially located at “wxx.XXXXxxx.xxx” or at such other address as shall be specified by the Code as Trustee from time to time are in forcewriting to the Securityholders. On each Payment DateIn connection with providing access to the Trustee’s Internet Website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Trustee shall forward not be liable for the dissemination of information in accordance with this Agreement. (d) The Servicer will supply to the TrustTrustee, at the Depositortime and in the manner required by applicable Treasury Regulations, each Holder of a Certificatefor further distribution to such Persons, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date andextent, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed required by applicable Treasury Regulations information with respect to any “original issue discount” accruing on the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, Class C Notes and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the ServicerClass D Notes.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Statements to Securityholders. (a) On each Servicer Remittance Distribution Date, the Servicer Owner Trustee shall deliver include with each distribution to the Trusta Certificateholder, and the Indenture TrusteeTrustee shall include with each distribution to a Noteholder, the Insurer and the Rating Agencies by telecopy a statement (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or which statement shall also be provided to the Rating Agencies), as based on information in the case may be, may agree from time Servicer's Certificate furnished pursuant to time) a report prepared by Section 3.9. Each such statement shall set forth the Servicer following information as to the distributions Securities with respect to be made on such Distribution Date or the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following informationpreceding Collection Period, as applicable: 1. (i) the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes distribution allocable to principal (separately indicating with respect to each class of Notes and any distributions on the amount to be paid as a prepayment Certificates and the derivation of principal pursuant to Section 8.3(g) of the Indenture)such amounts; 2. (ii) the amount of the payment distribution allocable to be made interest on such Payment Date or with respect to the Holders of each class of Class A Notes allocable to interestand the Certificates; 3. the aggregate (iii) amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary Total Servicing Fee paid or desirable, or which a Securityholder reasonably requests, payable to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii(iv) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans Outstanding Advances (if any) as of the related Due Datelast day of the preceding Collection Period and the change in such amount from the previous Collection Period; 15. (v) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Aggregate Receivables Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. (vi) the aggregate outstanding principal balance and the Note Pool Factor for each class of such Notes, in each case after giving effect to all payments reported under clause (i) above on such date; (vii) the amount of the aggregate Realized Losses incurred during Losses, if any, for the related preceding Collection Period; 20. (viii) the Noteholders' Interest Carryover Shortfall, the Noteholders' Principal Carryover Shortfall, the Certificateholders' Interest Carryover Shortfall and the Certificateholders' Principal Carryover Shortfall, if any, in each case as applicable to each class of Securities and the change in such amounts from the preceding statement; (ix) the aggregate amount of extraordinary expenses withdrawn from Repurchase Amount with respect to Purchased Receivables, if any, that were repurchased by the Seller or purchased by the Servicer in such Collection Account or the Distribution Account for such Payment DatePeriod; 21. (x) the Class A-1 Note Principal Balancebalance of the Reserve Account, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balanceas of such date, after giving effect to the distributions to be made changes therein on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes Specified Reserve Account Balance on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Datedate; and 29. (xi) the amount balance of the distribution Yield Supplement Account, as of such date, after giving effect to be made changes therein on such Payment Date to date and the Holders of Yield Supplement Amount and the Certificates. In the case of information furnished pursuant to clauses calculation thereof. (1b) through (3) above, the amounts shall be expressed as a dollar amount per Single Security. Within a reasonable period of time after the end of each calendar year, but not later than the latest date permitted by law, the Servicer shall furnish a report to the Indenture Trustee, Trustee and the Owner Trustee and the Indenture Trustee or the Owner Trustee, as applicable, shall forward furnish, or cause to be furnished, to each Person who at any time during the such calendar year was shall have been a Holder of a Note (a) Securityholder, a statement containing based upon such report as to the information set forth sum of the amounts determined in clauses (1i), (ii), (iii), (viii) through and (3x) above, aggregated above for such calendar year or year, or, in the event such Person shall have been a Securityholder during a portion of such calendar year, for the applicable portion thereof during which of such person was a Noteholder year, and (b) such other information contained in as is available to the Remittance Reports Servicer as required the Servicer deems necessary or desirable to enable the Holders of the Notes Securityholders to prepare their federal income tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Security Bank Na)

Statements to Securityholders. (a) On each Servicer Remittance Distribution Date, the Servicer shall deliver to the Trust, (i) the Indenture TrusteeTrustee shall include with each distribution to each Noteholder of record as of the related Record Date, and (ii) the Insurer and Trust Agent shall include with each distribution to each Certificateholder of record as of the Rating Agencies related Record Date, a statement, prepared by telecopy (the Servicer, based on the information in the Distribution Date Statement furnished pursuant to Section 3.09, setting forth for such Distribution Date the following information as of the related Record Date or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating AgenciesDistribution Date, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following information: 1. (i) the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes distribution allocable to principal (stated separately indicating for each Class of Notes and the Certificates), separately identifying the aggregate amount included therein of any (i) Full Prepayments of principal on Rule of 78's Contracts and (ii) Full Prepayments and partial prepayments of principal on Simple Interest Contracts; (ii) the amount of such distribution allocable to be paid as a prepayment interest (stated separately for each Class of principal pursuant to Section 8.3(g) of Notes and the IndentureCertificates); 2. (iii) the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date Note Percentage and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Certificate Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related such Collection Period; 19. (iv) the aggregate amount of Realized Losses incurred during Certificate Distributable Amount and the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account Note Distributable Amount for such Payment Distribution Date; 21. (v) the Class A-1 Note Principal BalancePremium payable to the Insurer; (vi) the amount to be on deposit in the Spread Account on such Distribution Date, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance before and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date deposits thereto and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions withdrawals therefrom to be made in respect of such Notes on such Payment Distribution Date; 24. (vii) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b); (viii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period; (ix) the amount of fees paid to the Owner Trustee, the Trust Agent and the Indenture Trustee, with respect to the related Collection Period; (x) the amount of any Prepayment Note Interest Shortfalls for Carryover Shortfall, Note Principal Carryover Shortfall, Certificate Interest Carryover Shortfall and Certificate Principal Carryover Shortfall on such Payment Date, Distribution Date and the change in such amounts from those with respect to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment immediately preceding Distribution Date; 26. (xi) the Required Subordinated Amount for such Payment Datenumber of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis; 27. (xii) the Subordination Increase Net Collections and the Policy Claim Amount, if any, for such Payment Distribution Date; 28. (xiii) the Subordination Reduction Amount, if any, aggregate amount of Liquidation Proceeds received for such Payment DateDefaulted Contracts; (xiv) the net credit losses and Cram Down Losses for the Collection Period; (xv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed; and 29. (xvi) the amount Pool Balance, the Note Pool Factor for each Class of Notes and the Certificate Pool Factor as of such Distribution Date after giving effect to the distribution to be made on such Payment Date to the Holders of the CertificatesDistribution Date. In the case of information furnished Each amount set forth pursuant to clauses subclauses (1i), (ii) through or (3v) above, the amounts above shall be expressed as a dollar amount per Single Security. $1,000.00 of original principal amount of a Note or original Certificate Balance, as the case may be. (b) Within a reasonable period of time after the end of each calendar year, but not later than the latest date permitted by law, the Servicer shall prepare and furnish to the Issuer, the Indenture TrusteeTrustee and each Paying Agent, and the Indenture Trustee Paying Agent for the Notes and the Paying Agent for the Certificates shall forward furnish to each Person who at on any time Record Date during the such calendar year was shall have been a Holder of a Note (a) or a Certificate, respectively, a statement or statements containing the information sum of the amounts set forth in clauses (1i), (ii) through and (3v) above, aggregated above for such calendar year or applicable portion thereof during which and such person was a Noteholder and (b) other information as is reasonably necessary for the preparation of such information contained Person's federal income tax return in the Remittance Reports as required to enable the Holders respect of the Notes to prepare their tax returns. Such obligation of or Certificates or, in the Servicer event such Person shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Note or a Certificate during a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for portion of such calendar year or year, for the applicable portion thereof during which of such Person was a Certificateholder. Upon requestyear, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports Noteholder's or information to be provided at the expense Certificateholder's preparation of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerfederal income tax returns.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)

Statements to Securityholders. On each Servicer Remittance Distribution Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward provide to the Indenture Trustee by overnight mail (with a computer readable magnetic tape or diskette copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward to each Noteholder of such report. Both reports record as of the most recent Record Date and to the Owner Trustee (with a copy to each Paying Agent) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date a "Remittance Report") shall contain statement substantially in the form of Exhibit B, respectively, setting forth at least the following informationinformation as to the Securities to the extent applicable: 1. (i) the amount of the payment such distribution allocable to be made on such Payment Date principal allocable to each Class of Notes and to the Holders Certificates; (ii) the amount of such distribution allocable to interest allocable to each Class of Notes and to the Certificates; (iii) the Outstanding Amount of each Class of Class A Notes allocable to principal (separately indicating Notes, the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of Note Pool Factor for each such Class, the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date Certificate Balance and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property Certificate Pool Factor as of the close of business on the last Business Day day of the calendar month preceding the Payment DateCollection Period, after giving effect to payments allocated to principal reported under clause (i) above; 18. (iv) the amount of the Servicing Fee paid to the Servicer and the amount of any fees payable to the Owner Trustee or the Indenture Trustee with respect to the related Collection Period; (v) the aggregate amounts of Realized Losses, if any, and Cram Down Losses, if any, separately identified, with respect to the related Collection Period; (vi) the amount, if any, of the distribution payable pursuant to claims under the Policies; (vii) the balance of the Spread Account on such Payment Determination Date after giving effect to deposits and withdrawals to be made on the next following Distribution Date, if any; (viii) the Pool Balance as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above. (ix) the amount of any Class A-2 Additional Principal Prepayments made Distribution Amount distributable to Class A-2 Noteholders on such date; (x) the amount of any deposit to the Spread Account and the amount and application of any funds withdrawn from the Spread Account; (xi) the aggregate principal balance of all Receivables that became Liquidated Receivables or Purchased Receivables during the related Collection Period; 19. (xii) the aggregate amount principal balance of Realized Losses incurred Receivables that are 30 to 59 days, 60 to 89 days or 90 days or more delinquent; (xiii) the Class A-1 Interest Carryover Shortfall, the Class A-1 Principal Carryover Shortfall, the Class A-2 Interest Carryover Shortfall, the Class A-2 Principal Carryover Shortfall, the Certificateholders' Interest Carryover Shortfall and the Certificateholders' Principal Carryover Shortfall, if any, in each case after giving effect to payments on such Distribution Date, and any change in such amounts from the preceding statement; (xiv) the aggregate Purchase Amounts for Receivables, if any, that were purchased during the related or with respect to such Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to the distributions to be made on such Payment Date; 22. the Note Factor (xv) for each such Class of Notes applicable to such Payment Date; 23. date during the Interest Distribution Amount Funding Period, the remaining amount in respect of the Class A Notes for such Payment Date Pre-Funding Account and the respective portions thereof, if any, paid under the Policy or (amount remaining in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Capitalized Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment DateAccount; and 29. (xvi) the amount remaining Pre-Funded Amount following the end of the distribution Funding Period that has not been used to be made fund the purchase of Subsequent Receivables and is being passed through as payments of principal on such Payment Date to the Holders one or both Classes of Notes and/or the Certificates. In Each amount set forth on the case of information furnished pursuant to Distribution Date statement under clauses (1i), (ii) through or (3iv) above, the amounts above shall be expressed as a dollar amount per Single Security. Within a reasonable period $1,000 of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder original principal balance of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificatesor Note, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerapplicable.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Merchants Acceptance Corp)

Statements to Securityholders. (a) On each Servicer Remittance Distribution Date, the Servicer shall deliver to the Trust, (i) the Indenture TrusteeTrustee shall include with each distribution to each Noteholder of record as of the related Record Date, and (ii) the Insurer and Owner Trustee shall include with each distribution to each Certificateholder of record as of the Rating Agencies related Record Date a statement, prepared by telecopy (the Master Servicer, based on the information in the Distribution Date Statement furnished pursuant to Section 4.09, setting forth for such 62 Distribution Date the following information as of the related Record Date or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating AgenciesDistribution Date, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following information: 1. (i) the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes distribution allocable to principal (stated separately indicating the amount to be paid as a prepayment for each Class of principal pursuant to Section 8.3(g) of the IndentureNotes); 2. (ii) the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes distribution allocable to interest; 3. the aggregate amount interest (stated separately for each Class of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the IndentureNotes); 6. (iii) the amount, if any, by which the Aggregate Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day day of such Due Period; (iv) the amount of the calendar month Servicing Fee paid to the Master Servicer with respect to the related Due Period; (v) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding the Payment Distribution Date; 18. (vi) the aggregate amount Note Pool Factor for each Class of Principal Prepayments made during the related Collection Period; 19. the aggregate amount Notes as of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the such Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to payments allocated to principal reported under clause (i) above; (vii) the Certificate Distributable Amount; (viii) the amount on deposit in the Spread Account on such Distribution Date, after giving effect to distributions to be made on such Payment Distribution Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date , and the respective portions thereof, if any, paid under change in such balance from the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment immediately preceding Distribution Date; and 29. (ix) the amount of the distribution to be made Optional Repurchase Payment payable on such Payment Date to the Holders of the CertificatesDistribution Date. In the case of information furnished Each amount set forth pursuant to clauses subclauses (1i), (ii), (iv) through or (3v) above, the amounts above shall be expressed as a dollar amount per Single Security. 1,000.00 original principal amount of a Note. (b) Within a reasonable period of time after the end of each calendar year, but not later than the Servicer shall furnish to the Indenture Trusteelatest date permitted by law, and the Indenture Trustee shall forward mail to each Person who at any time during the such calendar year was shall have been a Holder of a Note (a) a statement containing or statements, prepared by the information Master Servicer, which in the aggregate contain the sum of the amounts set forth in clauses (1i), (ii), (iv) through and (3v) above, aggregated above for such calendar year or or, in the event such Person shall have been a Holder of a Note during a portion of such calendar year, for the applicable portion thereof during which of such person was a Noteholder and (b) year, for the purposes of such information contained in the Remittance Reports as required to enable the Holders Noteholder's preparation of the Notes to prepare their federal income tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment DateIn addition, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Master Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward for distribution to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, at such time any other information necessary under applicable law for the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term preparation of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerincome tax returns.

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Receivables Corp 2)

Statements to Securityholders. On each Servicer Remittance DateDistribution Date the Trustee shall forward or cause to be forwarded by mail to each Holder of a Security and to the Seller, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer Loan Seller and the Rating Agencies by telecopy (or by such other means as the Master Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer statement as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following informationdistribution setting forth: 1. (a) the amount of the payment to be made on such Payment Date distribution to the Holders Securityholders of each Class of applied to reduce the Security Principal Balance thereof, (b) the aggregate amount included therein representing Principal Prepayments, (c) the Class FXA Prepayment Percentage with respect to the Class FXA Securities, the Class A Notes allocable Prepayment Percentage with respect to principal the Class A Securities, the Class FXA-2 Prepayment Percentage with respect to the Class FXA-2 Securities, the Class A-4 Prepayment Percentage with respect to the Class A-4 Securities and the Class B Percentage applicable to such distribution and (separately indicating d) the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) aggregate of the IndentureStated Principal Balances of any Mortgage Loans repurchased during the related Prepayment Period (on aggregate basis and on a Loan Group by Loan Group basis); 2. (ii) the amount of the payment to be made on such Payment Date distribution to the Holders Securityholders of each class of such Class A Notes allocable to interest; 3. (iii) the aggregate amount of related servicing compensation and the amount of servicing compensation attributable to penalties and fees received by or on behalf of the Master Servicer during the related Collection Period and any Sub-Servicers with respect to such Distribution Date and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee Master Servicer deems necessary or desirabledesirable and supplies to the Trustee, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(giv) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer (other than Servicing Advance), presented in respect of the related Payment Date, the aggregate and the amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made of interest Advances included in such distribution on such Payment Distribution Date; 10. (v) the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture number and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment DateDistribution Date (on an aggregate basis and on a Loan Group-by-Loan Group basis); 14. (vi) the numberSecurity Principal Balance of a Single Security of such Class, the aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate Security Principal Balance of the Mortgage Loans as Class FXA-1 Securities, Class FXA-2 Securities, Class FXA-3 Securities, Class FXA-4 Securities, Class FXA-5 Securities, Class FXA-6 Securities, Class FXA-7 Securities, Class FXA-8 Securities, Class A-1 Securities, Class A-2 Securities, Class A-3 Securities, Class A-4 Securities, Class FXP Securities, Class P Securities, Class B-1 Securities, Class B-2 Securities, Class B-3 Securities, Class B-4 Securities, Class B-5 Securities and Class B-6 Securities, respectively, the Notional Amounts for the Class FXS Securities, the Class S Securities and the Class FXA-9 Securities, the Class FXA Percentage, the Class A Percentage, the Class B-1 Percentage, the Class B-2 Percentage, the Class B-3 Percentage, the Class B-4 Percentage, Class B-5 Percentage and the Class B-6 Percentage after giving effect to the amounts distributed on such Distribution Date separately identifying any reduction thereof due to Realized Losses other than pursuant to an actual distribution of the related Due Dateprincipal (on an aggregate basis and on a Loan Group-by-Loan Group basis); 15. (vii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans (a) 30 days past duedelinquent 31 to 60 days, (b) 60 delinquent 61 to 90 days past due, and (c) 90 delinquent 91 days or more days past due (on an aggregate basis and on a Loan Group-by-Loan Group basis) as of the close of business on the Determination Date to which such distribution relates; (dviii) the number and aggregate Stated Principal Balance of Mortgage Loans as to which foreclosure proceedings have been commencedcommenced in each case as of the related Determination Date and which are (a) delinquent 31 to 60 days, (b) delinquent 61 to 90 days and (c) delinquent 91 days or more (on an aggregate basis and on a Loan Group-byLoan Group basis) as of the close of business on the Determination Date to which such distribution relates; 16. (ix) the number and aggregate Stated Principal Balance of Mortgage Loans as to which bankruptcy proceedings have been commenced in each case as of the related Determination Date and which are (a) delinquent 31 to 60 days, (b) delinquent 61 to 90 days and (c) delinquent 91 days or more (on an aggregate basis and on a Loan Group-byLoan Group basis) as of the close of business on the Determination Date to which such distribution relates; (x) with respect to any Mortgage Loan that became an a REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the close of business on the Distribution Date in such month and the date it became an REO Propertyof acquisition thereof; 17. (xi) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Distribution Date; 18. (xii) the aggregate amount Pass-Through Rate in effect for the preceding calendar month with respect to each Class of Securities (other than the Principal Prepayments made during Only Securities and the related Collection PeriodResidual Securities); 19. (xiii) the remaining aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Security Principal Balance and of each Class A-6 Note Principal Balanceof Securities, after giving effect to the distributions to be distribution made on such Payment Distribution Date; 22. (xiv) the Note Factor for each Special Hazard Amount, Fraud Loss Amount and Bankruptcy Amount remaining available immediately after such Class of Notes applicable to such Payment Distribution Date; 23. (xv) the Interest Distribution Amount in respect aggregate Realized Losses incurred since the Cut-off Date (on an aggregate basis and on a Loan Group-by-Loan Group basis); and (xvi) the amount of any Excess Proceeds distributed to each Class of Securities and the remaining balance of the Class A Notes for such Payment Date and the respective portions thereofExcess Proceeds Account, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Distribution Date, after giving effect to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution to be distributions made on such Payment Date to the Holders of the Certificatesdate. In the case of information furnished pursuant to clauses subclauses (1) through (3i)-(iii) above, the amounts shall also be expressed as a dollar amount per Single Security. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward prepare and forward, to each Person who at any time during the calendar year was a Holder of a Note Security (aother than the Class R or Class RP Securities) a statement containing the information set forth in clauses subclauses (1) through (3i)-(iii) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returnsSecurityholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer Trustee pursuant to any requirements of the Code and regulations thereunder as from time to time are in force. On each Payment Date, Distribution Date the Indenture Trustee shall forward prepare and forward, to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, Class R or Class RP Security a copy of the reports forwarded to each of the Securityholders (other than the Class A Noteholders R or Class RP Securityholders) on such Payment Distribution Date and, if different from the amounts stated in the Remittance Report, and a statement setting forth the amounts, if any, amounts actually distributed with respect to the Certificates, respectively, Class R or Class RP Securities on such Payment Distribution Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward prepare and forward, to each Person who at any time during the calendar year was a Holder of a Certificate Class R or Class RP Security a statement setting forth containing the amount, if any, actually distributed with respect information provided pursuant to the Certificates, as appropriate, previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a CertificateholderClass R or Class RP Securityholder. Upon request, Such obligation of the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward be deemed to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited have been satisfied to the extent that substantially comparable information shall be provided by the Indenture Trustee receives timely reports pursuant to any requirements of the Code as required from the Servicertime to time are in force.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Financial Asset Securitization Inc)

Statements to Securityholders. On (a) Except as otherwise provided in Section 5.07(c), on each Servicer Remittance Distribution Date, the Servicer shall deliver to the Trust, (i) the Indenture TrusteeTrustee shall include with each distribution to each Noteholder of record as of the related Record Date, and (ii) the Insurer and Owner Trustee shall include with each distribution to each Certificateholder of record as of the Rating Agencies related Record Date, a statement, prepared by telecopy (the Master Servicer, based on the information in the Distribution Date Statement furnished pursuant to Section 4.09, setting forth for such Distribution Date the following information as of the related Record Date or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating AgenciesDistribution Date, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following information: 1. (i) the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes distribution allocable to principal (stated separately indicating for each Class of Notes and the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the IndentureCertificates); 2. (ii) the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes distribution allocable to interest; 3. the aggregate amount interest (stated separately for each Class of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date Notes and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the IndentureCertificates); 6. (iii) the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, Note Percentage and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Certificate Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day day of such Due Period; (iv) the Aggregate Scheduled Balance as of the calendar month close of business on the last day of such Due Period; (v) the amount of the Servicing Fee paid to the Master Servicer with respect to the related Due Period; (vi) the amount of any Certificate Interest Carryover Shortfall, Certificate Principal Carryover Shortfall, Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding the Payment Distribution Date; 18. (vii) the aggregate amount Note Pool Factor for each Class of Principal Prepayments made during Notes and the related Collection Period; 19. the aggregate amount Certificate Pool Factor as of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the such Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to payments allocated to principal reported under clause (i) above; and (viii) the amount on deposit in the Spread Account on such Distribution Date, after giving effect to distributions to be made on such Payment Distribution Date; 22. the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date , and the respective portions thereofchange in such balance from the immediately preceding Distribution Date. Each amount set forth pursuant to subclauses (i), if any(ii), paid under the Policy (iv) or (in the event of a Deficiency Eventv) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished pursuant to clauses (1) through (3) above, the amounts above shall be expressed as a dollar amount per Single Security. $1,000 of original principal amount of a Note or original Certificate Balance, as the case may be. (b) Within a reasonable period of time after the end of each calendar year, but not later than the Servicer shall furnish to latest date permitted by law, the Owner Trustee and the Indenture Trustee, and as the Indenture Trustee case may be, shall forward mail to each Person who at any time during the such calendar year was shall have been a Holder of a Note (a) or a Certificate, respectively, a statement containing or statements, prepared by the information Master Servicer, which in the aggregate contain the sum of the amounts set forth in clauses (1i), (ii), (iv) through and (3v) above, aggregated above for such calendar year or, in the event such Person shall have been a Holder of a Note or a Certificate during a portion of such calendar year, for the applicable portion thereof during which of such person was a Noteholder and (b) year, for the purposes of such information contained in the Remittance Reports as required to enable the Holders Noteholder's or Certificateholder's preparation of the Notes to prepare their federal income tax returns. Such obligation of In addition, the Master Servicer shall be deemed to have been satisfied furnish to the extent that substantially comparable Owner Trustee and the Indenture Trustee for distribution to such Person at such time any other information shall be provided by necessary under applicable law for the Servicer pursuant to any requirements preparation of such income tax returns. (c) On the Code as from time to time are in force. On each Payment Class A-1 Final Distribution Date, the Indenture Trustee shall forward include with each distribution to each Class A-1 Noteholder of record as of the related Record Date, a statement, prepared by the Master Servicer, based on the information in the Distribution Date Statement furnished pursuant to Section 4.09, setting forth for such Distribution Date the following information as of the related Record Date or such Distribution Date, as the case may be: (i) the amount of such distribution allocable to principal; (ii) the amount of such distribution allocable to interest; (iii) the Note Percentage as of the close of business on the last day of such Due Period; (iv) the Aggregate Scheduled Balance as of the close of business on the last day of such Due Period; (v) the amount of the Servicing Fee paid to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed Master Servicer with respect to the Certificates, respectively, related Due Period; (vi) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, Distribution Date and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed change in such amounts from those with respect to the Certificatesimmediately preceding Distribution Date; (vii) the Note Pool Factor for the Class A-1 Notes as of such Distribution Date, as appropriateafter giving effect to payments allocated to principal reported under clause (i) above; and (viii) the amount on deposit in the Spread Account on such Distribution Date, aggregated for after giving effect to distributions made on such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture TrusteeDistribution Date, and the Indenture Trustee shall forward change in such balance from the immediately preceding Distribution Date. Each amount set forth pursuant to each Securityholdersubclauses (i), during the term of this Agreement(ii), such periodic, special, (iv) or other reports or information, whether or not provided for herein, as (v) above shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes expressed as a dollar amount per $1,000 of this Agreement, all such reports or information to be provided at the expense original principal amount of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicera Class A-1 Note.

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Financial 1997-B Owner Trust)

Statements to Securityholders. On each Servicer Remittance Distribution Date, the Servicer shall deliver prepare and will include with the distribution to the Trusteach Securityholder, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on statement setting forth for the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain Due Period the following information: 1. (i) the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes distribution allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture)Notes and to the Certificate Balance of the Certificates, including any overdue principal; 2. (ii) the amount of the payment distribution allocable to be made interest on such Payment Date or with respect to the Holders of each class of Class A Notes allocable to Securities, including any overdue interest; 3. (iii) the aggregate amount Pool Balance, the Note Pool Factor and the Certificate Pool Factor as of servicing compensation received by the end of the related Due Period; (iv) the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments Payment for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. (v) the amount of Monthly Advances to be made by and Non-Reimbursable Payments on such date; (vi) the Servicer in respect aggregate principal balance of all Contracts which were delinquent 30, 60 and 90 days or more as of the last day of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Due Period; 11. (vii) during the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment DateFunding Period, the amount of any reimbursement payment to be made to funds on deposit in the Insurer Pre-Funding Account; (viii) during the Funding Period, the number and aggregate principal balance of Subsequent Contracts; (ix) during the Funding Period, the number and aggregate principal balance of Subsequent Contracts purchased by the Trust on such Payment Date pursuant to Section 8.3(a)(iiithe related Distribution Date; (x) the aggregate outstanding principal balance of the Indenture and the amount Notes as of Cumulative Insurance Payments such Distribution Date after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business distributions on such Payment Distribution Date; 14. (xi) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans Certificate Balance as of the related Due such Distribution Date after giving effect to any distributions thereon and reductions thereto on such Distribution Date; 15. (xii) the number Draw Amount, if any, and aggregate unpaid principal balance of Mortgage Loans the Final Draw Amount (aif applicable) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Payment Distribution Date; 18. (xiii) the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal BalanceAvailable Cash Collateral Amount, after giving effect to any deposit to or withdrawal from the distributions to be made on such Payment Date; 22. the Note Factor for each such Class of Notes applicable Cash Collateral Account with respect to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate and such amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished pursuant to clauses (1) through (3) above, the amounts shall be expressed as a dollar amount per Single Security. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders percentage of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date Pool Balance; and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Cit Group Securitization Corp Ii)

Statements to Securityholders. (a) On each Servicer Remittance Distribution Date, the Servicer shall deliver to the Trust, (i) the Indenture TrusteeTrustee shall include with each distribution to each Noteholder of record as of the related Record Date and (ii) the Owner Trustee shall include with each distribution to each Certificateholder of record as of the related Record Date a statement, prepared by the Insurer and Master Servicer, based on the Rating Agencies by telecopy (information in the Distribution Date Statement furnished pursuant to Section 4.09, setting forth for such Distribution Date the following information as of the related Record Date or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating AgenciesDistribution Date, as the case may be, may agree : (i) the amount of such distribution allocable to principal (stated separately for each Class of Notes); (ii) the amount of such distribution allocable to interest (stated separately for each Class of Notes); (iii) the Interest Distributable Amount for each Class of Notes; (iv) the amount of any Interest Carryover Shortfall on such Distribution Date and the change in such amounts from time to time) a report prepared by the Servicer as those with respect to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports immediately preceding Distribution Date; (each a "Remittance Report"v) shall contain the following information: 1. the amount of the payment to be made on such Payment Date Servicing Fee paid to the Holders of Master Servicer with respect to the related Collection Period; (vi) the Class A Principal Distributable Amount, the Class B Principal Distributable Amount, the Class C Principal Distributable Amount and the Class D Principal Distributable Amount; (vii) with respect to each Class of Class A Notes allocable to principal (separately indicating Notes, the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amountexcess, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. of the amount of Monthly Advances to be made by the Servicer distributable in respect of principal on such Class of Notes over the related Payment Date, the aggregate amount allocated to principal on such Class of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment DateNotes; 8. with respect to any reimbursement to be made to (viii) the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage Aggregate Net Liquidation Losses for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii(ix) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property Delinquent Contracts as of the close of business on the last Business Day day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related such Collection Period; 19. (x) the aggregate amount Aggregate Principal Balance as of Realized Losses incurred during the related close of business on the last day of such Collection Period; 20. (xi) the aggregate amount principal balance of extraordinary expenses withdrawn from the Collection Account or the each Class of Notes as of such Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to payments allocated to principal reported under clause (i) above; (xii) the Certificate Distributable Amount; (xiii) the amount on deposit in the Spread Account on such Distribution Date, after giving effect to distributions to be made on such Payment Distribution Date, and the change in such balance from the immediately preceding Distribution Date; 22. (xiv) the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Spread Account Withdrawal Amount in respect of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Excess Spread Account Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. (xv) the amount of the distribution to be made on such Payment Date to the Holders of the CertificatesNet Collections. In the case of information furnished Each amount set forth pursuant to clauses subclauses (1i), (ii), (iv) through or (3v) above, the amounts above shall be expressed in the aggregate and as a dollar amount per Single Security. $______________ original principal amount of a Note. (b) Within a reasonable period of time after the end of each calendar year, but not later than the Servicer shall furnish to the Indenture Trusteelatest date permitted by law, and the Indenture Trustee shall forward mail to each Person who at any time during the such calendar year was shall have been a Holder of a Note (a) a statement containing or statements, prepared by the information Master Servicer, which in the aggregate contain the sum of the amounts set forth in clauses (1i), (ii), (iv) through and (3v) above, aggregated above for such calendar year or or, in the event such Person shall have been a Holder of a Note during a portion of such calendar year, for the applicable portion thereof during which of such person was a Noteholder and (b) year, for the purposes of such information contained in the Remittance Reports as required to enable the Holders Noteholder's preparation of the Notes to prepare their federal income tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment DateIn addition, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Master Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward for distribution to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholderat such time any other information necessary under applicable law for the preparation of such income tax returns. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicer.ARTICLE SIX

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Receivables Corp 3)

Statements to Securityholders. On each Servicer Remittance Payment Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward provide to the Indenture Trustee by overnight mail (with a computer readable magnetic tape or diskette copy to each Rating Agency) for the Indenture Trustee to forward to each Noteholder of such report. Both reports (record as of the 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 "Remittance Report") shall contain statement substantially in the form of Exhibit B, respectively, setting forth at least the following informationinformation as to the Securities to the extent applicable: 1. (i) the amount of the payment to be made on such Payment Date collections received with respect to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer Receivables during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount allocable to be distributed as a prepayment each Class of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account Notes on such Payment Date; 7. (ii) the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. collections received with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) Receivables during the related Collection Period and (v) of the Indenture, the amount, if any, allocable to principal and the amount interest allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made each Class of Notes on such Payment Date; 10. (iii) the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount Outstanding Amount of any Insurance Payment to be made to each Class A Noteholders on such Payment Dateof Notes, the amount of any reimbursement payment to be made to the Insurer on Note Pool Factor for each such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day day of the calendar month preceding Collection Period, after giving effect to payments allocated to principal reported under clause (i) above; (iv) the amount of the Servicing Fee paid to the Servicer and the amount of any fees payable to the Owner Trustee, or the Indenture Trustee with respect to the related Collection Period; (v) the aggregate amounts of Realized Losses, if any, with respect to the related Collection Period; (vi) the balance of the Reserve Account on the related Determination Date after giving effect to deposits and withdrawals to be made on the relevant Payment Date, if any; (vii) the Pool Balance as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above; (viii) the amount of any deposit to the Reserve Account and the amount and application of any funds withdrawn from the Reserve Account, in each case with respect to such Payment Date; 18. (ix) the aggregate amount principal balance of Principal Prepayments made all Receivables that became Liquidated Receivables or Purchased Receivables during the related Collection Period; 19. (x) the aggregate amount principal balance and number of Realized Losses incurred during Receivables that are 30 to 60 days, 61 to 90 days or 91 days or more delinquent as of the last day of the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, (xi) any Available Amounts Shortfall after giving effect to the distributions to be made payments on such Payment Date, and any change in such amounts from the preceding statement; 22. (xii) the Note Factor aggregate Purchase Amounts for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereofReceivables, if any, paid under the Policy that were purchased during or (in the event of a Deficiency Event) remaining unpaid following the distributions with respect to be made in respect of such Notes on such Payment DateCollection Period; 24. (xiii) the aggregate amount Principal Balance and number of any Prepayment Interest Shortfalls for such Payment Date, all Receivables with respect to which the extent not covered by payments by related Financed Vehicle was repossessed; (xiv) the aggregate Principal Balance and number of Receivables with respect to which the Servicer pursuant to Section 3.26granted an extension; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. (xv) the Required Subordinated Yield Supplement Overcollateralization Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Datenext Collection Period; and 29(xvi) any amounts distributed to the Certificateholders. Each amount set forth on the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished pursuant to statement under clauses (1i), (ii) through or (3iv) above, the amounts above shall be expressed as a dollar amount per Single Security$1,000 of original principal balance of a Certificate or Note, as applicable. Within a reasonable period of time after The Indenture Trustee may make any such statement (and, at its option, any additional files containing the end of each calendar year, same information in an alternative format) available to the Servicer shall furnish applicable Noteholders via [______]. In connection with providing access to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date’s website, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer may require registration and the Servicer, a copy acceptance of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Datecertain terms and conditions. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the The Indenture Trustee shall forward have the right to each Person who at any time during change the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually way such statements are distributed with respect in order to make such distributions more convenient and/or more accessible to the Certificatesabove parties regarding any such changes; provided, as appropriatehowever, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerwill also mail copies of any such statements to any requesting Noteholder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Hyundai Abs Funding Corp)

Statements to Securityholders. On or before each Servicer Remittance Determination Date, the Servicer shall deliver provide to the TrustIndenture Trustee (with a copy to each Rating Agency, Citigroup Global Markets Inc. and each Paying Agent (if any)) for the Indenture TrusteeTrustee to forward, on the Insurer related Distribution Date, to each Noteholder of record as of the most recent Record Date and to the Owner Trustee (with a copy to each Paying Agent (if any)) for the Issuer to forward, on the related Distribution Date, to each Certificateholder of record as of the 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: (a) the amount of Collections received with respect to the Receivables; (b) the aggregate amount being paid on such Distribution Date in respect of interest and principal on each Class of Notes; (c) the Outstanding Amount of each Class of Notes and the Rating Agencies by telecopy Note Pool Factor for each such Class as of the close of business on the preceding Distribution Date, after giving effect to payments allocated to principal reported under clause (or by such other means as b) above; (d) the amount of the Servicing Fee paid to the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared amount of any fees paid by the Servicer as to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following information: 1. the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amountIssuer, if any, by which to the Scheduled Payments for such Payment Date exceeds Owner Trustee or the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. Indenture Trustee with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. (e) the Cumulative Loss Percentage amount of the Regular Principal Allocation for such Payment Distribution Date; 12. (f) the amount of any Insurance Payment to be made to Class A Noteholders on the First Allocation of Principal, if any, for such Payment Distribution Date, ; (g) the amount of any reimbursement payment to be made to the Insurer on Second Allocation of Principal, if any, for such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Distribution Date; 14. (h) the numberaggregate amounts of Realized Losses, aggregate principal balanceif any, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past dueRecoveries, (b) 60 days past dueif any, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Propertyrelated Collection Period; 17. (i) the book value of any REO Property Pool Balance as of the close of business on the last Business Day day of the calendar month preceding related Collection Period; (j) the Payment balance of the Reserve Account on the related Determination Date after giving effect to deposits and withdrawals to be made on such Distribution Date, if any; (k) the amount of any deposit to the Reserve Account and the amount and application of any funds withdrawn from the Reserve Account, in each case with respect to such Distribution Date; 18. (l) the aggregate amount Principal Balance of Principal Prepayments made all Receivables that became Liquidated Receivables on that Distribution Date during the related Collection Period; 19. (m) the aggregate amount Principal Balance and number of Realized Losses incurred during Receivables that are 30 to 59 days, 60 to 89 days or 90 days or more delinquent as of the last day of the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. (n) the Class A-1 Note Principal BalanceInterest Carryover Shortfall, the Class A-2 Note Principal BalanceInterest Carryover Shortfall, the Class A-3 Note Principal BalanceInterest Carryover Shortfall, the Class A-4 Note Principal BalanceInterest Carryover Shortfall and the Class B Interest Carryover Shortfall, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, in each case after giving effect to the distributions to be made payments on such Payment Distribution Date, and any change in such amounts from the preceding statement; 22. (o) the Note Factor aggregate Purchase Amounts for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect of the Class A Notes for such Payment Date and the respective portions thereofReceivables, if any, paid under the Policy that were or (in the event of a Deficiency Event) remaining unpaid following the distributions are to be made in purchased during or with respect of to such Notes on such Payment DateCollection Period; 24. (p) the aggregate amount Principal Balance and number of any Prepayment Interest Shortfalls for such Payment Date, all Receivables with respect to which the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Daterelated Financed Vehicle was repossessed; and 29(q) the Overcollateralization Target Amount for the next Distribution Date. Each amount set forth on the amount of the distribution to be made on such Payment Distribution Date to the Holders of the Certificates. In the case of information furnished pursuant to Statement under clauses (1b), (d), (e), (f), (g), (h) through or (3n) above, the amounts above shall be expressed as a dollar amount per Single Security. Within a reasonable period $1,000 of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder original principal balance of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the ServicerNote.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Fifth Third Auto Trust 2004-A)

Statements to Securityholders. On each Servicer Remittance Determination Date, the Servicer shall deliver to the Trust, the Indenture Trustee, the Insurer and the Rating Agencies by telecopy (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating Agencies, as the case may be, may agree from time to time) a report prepared by the Servicer as to the distributions to be made on the related Payment Date and shall forward provide to the Indenture Trustee by overnight mail (with a computer readable magnetic tape or diskette copy to each Rating Agency, Merrill Lynch, Pierce, Fenner & Smith Incorporated and each Paying Xxxxx (if any)) for thx Xxxxntuxx Xxustee to forward to each Noteholder of such report. Both reports record as of the most recent Record Date and to the Owner Trustee (with a copy to each Paying Agent (if any)) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date a "Remittance Report") shall contain statement substantially in the form of Exhibit B setting forth at least the following informationinformation as to the Securities to the extent applicable: 1. (a) the amount of the payment to be made on such Payment Date collections received with respect to the Holders of each Class of Class A Notes allocable to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer Receivables during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment each Class of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account Notes on such Payment Date; 7. (b) the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. collections received with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) Receivables during the related Collection Period and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made interest for each Class of Notes on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number Outstanding Amount of such Mortgage Loan, the unpaid principal balance each Class of Notes and the Stated Principal Balance of Note Pool Factor for each such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property Class as of the close of business on the last Business Day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related Collection Period; 19. the aggregate amount of Realized Losses incurred during the related Collection Period; 20. the aggregate amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to payments allocated to principal reported under clause (a) above; (d) the distributions amount of the Servicing Fee paid to be made the Servicer on such Payment Date; 22. (e) the Note Factor for each such Class of Notes applicable to such Payment Date; 23. the Interest Distribution Amount in respect amount of the Class A Notes for such Payment Date and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase First Priority Principal Distribution Amount, if any, for such Payment Date; 28. (f) the Subordination Reduction amount of the Second Priority Principal Distribution Amount, if any, for such Payment Date; and; 29. (g) the amount of the distribution Regular Note Principal Distribution Amount for such Payment Date; (h) the aggregate amounts of Realized Losses, if any, and Cram Down Losses, if any, separately identified, with respect to the related Collection Period; (i) the Pool Balance as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (a) above; (j) the balance of the Reserve Account on the related Determination Date after giving effect to deposits and withdrawals to be made on such Payment Date Date, if any; (k) the amount of any deposit to the Holders Reserve Account and the amount and application of any funds withdrawn from the Reserve Account, in each case with respect to such Payment Date; (l) the aggregate principal balance of all Receivables that became Liquidated Receivables or Purchased Receivables during the related Collection Period; (m) the aggregate principal balance and number of Receivables that are 30 to 59 days, 60 to 89 days or 90 days or more delinquent as of the Certificateslast day of the related Collection Period; (n) the Class A-1 Interest Carryover Shortfall, the Class A-2 Interest Carryover Shortfall, the Class A-3 Interest Carryover Shortfall, the Class A-4 Interest Carryover Shortfall, the Class B Interest Carryover Shortfall and the Class C Interest Carryover Shortfall, in each case after giving effect to payments on such Payment Date, and any change in such amounts from the preceding statement; (o) the Class A-1 Principal Carryover Shortfall, the Class A-2 Principal Carryover Shortfall, the Class A-3 Principal Carryover Shortfall, the Class A-4 Principal Carryover Shortfall, the Class B Principal Carryover Shortfall and the Class C Principal Carryover Shortfall, in each case after giving effect to payments on such Payment Date, and any change in such amounts from the preceding statement; (p) the aggregate Purchase Amounts for Receivables, if any, that were or are to be purchased during or with respect to such Collection Period; (q) the aggregate Principal Balance and number of all Receivables with respect to which the related Financed Vehicle was repossessed; and (r) the aggregate Principal Balance and number of Receivables with respect to which the Servicer granted an extension. In Each amount set forth on the case of information furnished pursuant to Payment Date Statement under clauses (1a), (b), (d), (e), (f), (g), (n) through or (3o) above, the amounts above shall also be expressed as a dollar amount per Single Security. Within a reasonable period $1,000 of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder original principal balance of a Note (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the ServicerNote.

Appears in 1 contract

Samples: Sale and Servicing Agreement (National City Auto Receivables Trust 2002-A)

Statements to Securityholders. (a) On each Servicer Remittance Distribution Date, the Servicer Issuer shall deliver include with each distribution to the Trusteach Certificateholder, and the Indenture TrusteeTrustee shall include with each distribution to each Noteholder, the Insurer and the Rating Agencies by telecopy a statement (or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or which statement shall also be provided to the Rating Agencies, as ) based on (subject to the case may be, may agree from time last sentence of this paragraph (a)) information in the Servicer's Certificate furnished pursuant to time) a report prepared by Section 2.17 of the Servicer Servicing Agreement. Each such statement shall set forth the following information as to the distributions Notes with respect to be made on such Distribution Date or the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports (each a "Remittance Report") shall contain the following informationpreceding Monthly Period, as applicable: 1. (i) the amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Notes distribution allocable to principal (separately indicating the amount interest on or with respect to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interestNotes; 3. (ii) the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returns; 4. the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Aggregate Receivables Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property as of the close of business on the last Business Day day of such Monthly Period; (iii) the calendar month preceding the Payment amount of Outstanding Monthly Advances with respect to all Receivables on such Distribution Date; 18. (iv) the aggregate amount of Principal Prepayments made during the Total Servicing Fee paid or payable to the Servicer with respect to the related Collection Monthly Period; 19. (v) the aggregate amount of Realized Aggregate Losses incurred during for the related Collection Monthly Period; 20. (vi) the aggregate Delinquency Percentage for the related Monthly Period; (vii) the sum of all Administrative Purchase Payments and all Warranty Payments made for the related Monthly Period; (viii) the amount of extraordinary expenses withdrawn from the Collection Account or the Distribution Account for such Payment Datedistribution allocable to principal of each class of Notes; 21. (ix) the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and the Note Pool Factor for each class of Notes, each after giving effect to all payments reported under (viii) above on such date; (x) the amounts, if any, paid to the Servicer or distributed to Noteholders from amounts on deposit in the Reserve Account plus amounts in respect thereof to be distributed to each class of Noteholders as a prepayment of principal (expressed as a dollar amount per $1,000 of the face amount of the Notes); (xi) the amount of the Class A-6 Note A Noteholders' Interest Carryover Shortfall, the Noteholders' Principal Carryover Shortfall and the Class B Noteholders' Interest Carryover Shortfall if any, and the change in such amounts from the preceding Distribution Date; (xii) the balance (if any) of the Reserve Account, the Specified Reserve Account Balance, the Specified Yield Supplement Amount and the Backup Servicer Account on such date, after giving effect to distributions, withdrawals, transfers and deposits made on such date, and the change in such balance from that of the prior Distribution Date; (xiii) the Negative Carry Amount and the balance, if any, of the Negative Carry Account on such date, after giving effect to the distributions to be withdrawals made on such Payment Datedate; 22. (xiv) for Distribution Dates during the Note Factor Funding Period, the Starting Receivables Balance of all Subsequent Receivables transferred to the Issuer since the preceding Distribution Date, the remaining Pre-Funded Amount and the Investment Earnings on amounts on deposit in the Pre-Funding Account (if any) for each such Class of Notes applicable to such Payment Date;the related Monthly Period; and 23. (xv) for the Interest first Distribution Amount in respect Date occurring on or after the last day of the Class A Notes for such Payment Date and Funding Period, the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, remaining Pre-Funded Amount that has not been used to fund the extent not covered by payments by the Servicer pursuant to Section 3.26; 25purchase of Subsequent Receivables. the aggregate Each amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Amount, if any, for such Payment Date; 28. the Subordination Reduction Amount, if any, for such Payment Date; and 29. the amount of the distribution to be made on such Payment Date to the Holders of the Certificates. In the case of information furnished set forth pursuant to clauses (1i), (iv), (viii), (x) through and (3xi) above, the amounts above shall be expressed as a dollar amount per Single Security$1,000 of initial Note Principal Balance. In lieu of preparing and delivering a separate statement to Securityholders pursuant to this Section, a Trustee may deliver a copy of the Servicer's Certificate furnished pursuant to Section 2.17 of the Servicing Agreement. (b) Within a reasonable the prescribed period of time for tax reporting purposes after the end of each calendar yearyear during the term of this Agreement, the Servicer shall furnish to the Indenture Trustee, prepare and execute and the Indenture Trustee and the Owner Trustee shall forward mail to each Person who at any time during the such calendar year was shall have been a Holder holder of Notes or Certificates, respectively, and received any payments thereon, a Note statement prepared and supplied by the Servicer containing the amounts set forth in each of clauses (i), (iv), (viii), (x) and (xi) in paragraph (a) a statement containing the information set forth in clauses (1) through (3) above, aggregated for such calendar year or applicable portion thereof during which or, if such person was a Noteholder and (b) such information contained in the Remittance Reports as required to enable the Holders of the Notes to prepare their tax returns. Such obligation of the Servicer Person shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements a Securityholder during a portion of the Code as from time to time are in force. On each Payment Date, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or and received any payments thereon, for the applicable portion thereof during which of such Person was a Certificateholder. Upon requestyear, the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense Securityholder's preparation of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerfederal income tax returns.

Appears in 1 contract

Samples: Indenture (Navistar Financial Retail Receivables Corporation)

Statements to Securityholders. (a) On each Servicer Remittance Distribution Date, the Servicer shall deliver to the Trust, (i) the Indenture TrusteeTrustee shall include with each distribution to each Noteholder of record as of the related Record Date and (ii) the Owner Trustee shall include with each distribution to each Certificateholder of record as of the related Record Date a statement, prepared by the Insurer and Master Servicer, based on the Rating Agencies by telecopy (information in the Distribution Date Statement furnished pursuant to Section 4.09, setting forth for such Distribution Date the following information as of the related Record Date or by such other means as the Servicer and the Trust, the Indenture Trustee, the Insurer or the Rating AgenciesDistribution Date, as the case may be, may agree : (i) the amount of such distribution allocable to principal (stated separately for each Class of Notes); (ii) the amount of such distribution allocable to interest (stated separately for each Class of Notes); (iii) the Interest Distributable Amount for each Class of Notes; (iv) the amount of any Interest Carryover Shortfall on such Distribution Date and the change in such amounts from time to time) a report prepared by the Servicer as those with respect to the distributions to be made on the related Payment Date and shall forward to the Indenture Trustee by overnight mail a computer readable magnetic tape or diskette of such report. Both reports immediately preceding Distribution Date; (each a "Remittance Report"v) shall contain the following information: 1. the amount of the payment to be made on such Payment Date Servicing Fee paid to the Holders of each Class of Class A Notes allocable Master Servicer with respect to principal (separately indicating the amount to be paid as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 2. the amount of the payment to be made on such Payment Date to the Holders of each class of Class A Notes allocable to interest; 3. the aggregate amount of servicing compensation received by the Servicer during the related Collection Period and such other customary information within the knowledge of the Indenture Trustee as the Indenture Trustee deems necessary or desirable, or which a Securityholder reasonably requests, to enable Securityholders to prepare their tax returnsPeriod; 4. (vi) the Scheduled Payments for such Payment Date and the respective provisions thereof allocable to principal and interest; 5. the Available Distribution Amount for such Payment Date (separately indicating the amount to be distributed as a prepayment of principal pursuant to Section 8.3(g) of the Indenture); 6. the amount, if any, by which the Scheduled Payments for such Payment Date exceeds the Available Distribution Amount expected to be on deposit in the Distribution Account on such Payment Date; 7. the amount of Monthly Advances to be made by the Servicer in respect of the related Payment Date, the aggregate amount of Monthly Advances outstanding after giving effect to such Monthly Advances, and the aggregate amount of Nonrecoverable Monthly Advances in respect of such Payment Date; 8. with respect to any reimbursement to be made to the Insurer on such Payment Date pursuant to Sections 8.3(a)(iii) and (v) of the Indenture, the amount, if any, allocable to principal and the amount allocable to interest; 9. Cumulative Insurance Payments after giving effect to the distributions to be made on such Payment Date; 10. the Delinquency Percentage Aggregate Net Liquidation Losses for the related Collection Period; 11. the Cumulative Loss Percentage for such Payment Date; 12. the amount of any Insurance Payment to be made to Class A Noteholders on such Payment Date, the amount of any reimbursement payment to be made to the Insurer on such Payment Date pursuant to Section 8.3(a)(iii(vii) of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment to Class A Noteholders or any such reimbursement payment to the Insurer; 13. the aggregate Stated Principal Balance of the Mortgage Loans and any REO Properties at the close of business on such Payment Date; 14. the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Due Date; 15. the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 days past due, (b) 60 days past due, (c) 90 or more days past due and (d) as to which foreclosure proceedings have been commenced; 16. with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Stated Principal Balance of such Mortgage Loan as of the date it became an REO Property; 17. the book value of any REO Property Delinquent Contracts as of the close of business on the last Business Day day of the calendar month preceding the Payment Date; 18. the aggregate amount of Principal Prepayments made during the related such Collection Period; 19. (viii) the aggregate amount Aggregate Principal Balance as of Realized Losses incurred during the related close of business on the last day of such Collection Period; 20. (ix) the aggregate principal amount of extraordinary expenses withdrawn from the Collection Account or the each Class of Notes as of such Distribution Account for such Payment Date; 21. the Class A-1 Note Principal Balance, Class A-2 Note Principal Balance, Class A-3 Note Principal Balance, Class A-4 Note Principal Balance, Class A-5 Note Principal Balance and Class A-6 Note Principal Balance, after giving effect to payments allocated to principal reported under clause (i) above; (x) the Certificate Distributable Amount; (xi) the amount on deposit in the Spread Account on such Distribution Date, after giving effect to distributions to be made on such Payment Distribution Date, and the change in such balance from the immediately preceding Distribution Date; 22. (xii) the Note Factor for each such Class Overcollateralization Amount and the amount by which the Aggregate Principal Balance exceeds the Outstanding Amount of the Notes applicable (after giving effect to such Payment any payments made to Holders of the Notes on that Distribution Date); 23. (xiii) the Interest Distribution Amount in respect disposition amounts withdrawn from the Spread Account, including the amounts used to increase the level of overcollateralization to the Class A Notes for such Payment Date Overcollateralization Amount, and the respective portions thereof, if any, paid under the Policy or (in the event of a Deficiency Event) remaining unpaid following the distributions to be made in respect of such Notes on such Payment Date; 24. the aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 3.26; 25. the aggregate amount of Relief Act Interest Shortfalls for such Payment Date; 26. the Required Subordinated Amount for such Payment Date; 27. the Subordination Increase Excess Spread Amount, if any, for such Payment Distribution Date; 28. (xiv) the Subordination Reduction amount of Net Collections; (xv) during the Pre-Funding Period, the amount, if any, withdrawn from the Pre-Funding Account to purchase Subsequent Contracts during the Pre-Funding Period; and (xvi) for the first Distribution Date immediately following the end of the Pre-Funding Period, the Remaining Pre-Funding Amount, if any, for such Payment Date; and 29. the amount as of the distribution to be made on such Payment Date to the Holders close of business of the Certificateslast day of the related Collection Period. In the case of information furnished Each amount set forth pursuant to clauses (1i), (ii), (iv) through and (3v) above, the amounts above shall be expressed in the aggregate and as a dollar amount per Single Security. $1,000.00 original principal amount of a Note. (b) Within a reasonable period of time after the end of each calendar year, but not later than the Servicer shall furnish to the Indenture Trusteelatest date permitted by law, and the Indenture Trustee shall forward mail to each Person who at any time during the such calendar year was shall have been a Holder of a Note (a) a statement containing or statements, prepared by the information Master Servicer, which in the aggregate contain the sum of the amounts set forth in clauses (1i), (ii), (iv) through and (3v) above, aggregated of above for such calendar year or or, in the event such Person shall have been a Holder of a Note during a portion of such calendar year, for the applicable portion thereof during which of such person was a Noteholder and (b) year, for the purposes of such information contained in the Remittance Reports as required to enable the Holders Noteholder's preparation of the Notes to prepare their federal income tax returns. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. On each Payment DateIn addition, the Indenture Trustee shall forward to the Trust, the Depositor, each Holder of a Certificate, the Insurer and the Servicer, a copy of the reports forwarded to the Class A Noteholders on such Payment Date and, if different from the amounts stated in the Remittance Report, a statement setting forth the amounts, if any, actually distributed with respect to the Certificates, respectively, on such Payment Date. Within a reasonable period of time after the end of each calendar year, the Master Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward for distribution to each Person who at any time during the calendar year was a Holder of a Certificate a statement setting forth the amount, if any, actually distributed with respect to the Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Upon request, at such time any other information necessary under applicable law for the Servicer shall furnish to the Indenture Trustee, and the Indenture Trustee shall forward to each Securityholder, during the term preparation of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be reasonable with respect to the Securityholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Securityholder in accordance with such reasonable and explicit instructions and directions as the Securityholder may provide. For purposes of this Section 4.02, the Indenture Trustee's duties are limited to the extent that the Indenture Trustee receives timely reports as required from the Servicerincome tax returns.

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Financial 2005-2 Owner Trust)

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