Withdrawals from Spread Account. (a) In the event that the Servicer’s Certificate with respect to any Determination Date shall state that there is a Spread Account Claim Amount then on the Spread Account Claim Date immediately preceding the related Distribution Date, the Trust Collateral Agent shall deliver to the Collateral Agent, the Owner Trustee, the Trustee, the Insurer and the Servicer, by hand delivery or facsimile transmission, a written notice (a “Deficiency Notice”) specifying the Spread Account Claim Amount for such Distribution Date and the Spread Account Claim Amount, if any. Such Deficiency Notice shall direct the Collateral Agent to remit such Spread Account Claim Amount (to the extent of the funds available to be distributed pursuant to the Spread Account Agreement) to the Trust Collateral Agent for deposit in the Collection Account on the related Distribution Date. Any Deficiency Notice shall be delivered by 12:00 noon, Eastern time, on the second Business Day preceding such Distribution Date. (b) [Reserved]. (c) The amounts distributed by the Collateral Agent to the Trust Collateral Agent pursuant to a Deficiency Notice shall be deposited by the Trust Collateral Agent into the Collection Account pursuant to Section 5.6.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (United Pan Am Financial Corp), Sale and Servicing Agreement (UPFC Auto Receivables Trust 2004-A), Sale and Servicing Agreement (UPFC Auto Receivables Trust 2005-A)
Withdrawals from Spread Account. (a) In the event that the Servicer’s Certificate with respect to any Determination Date shall state that there is a Spread Account Claim Amount then on the Spread Account Claim Date immediately preceding the related Distribution Date, the Trust Collateral Agent shall deliver to the Collateral Agent, the Owner Trustee, the Trustee, the Insurer and the Servicer, by hand delivery or facsimile transmission, a written notice (a “Deficiency Notice”) specifying the Spread Account Claim Amount for such Distribution Date and the Spread Account Claim Amount, if any. Such Deficiency Notice shall direct the Collateral Agent to remit such Spread Account Claim Amount (to the extent of the funds available to be distributed pursuant to the Spread Account Agreement) to the Trust Collateral Agent for deposit in the Collection Account on the related Distribution Date. Any Deficiency Notice shall be delivered by 12:00 noon10:00 am, Eastern time, on the second Business Day preceding such Distribution Date.
(b) [Reserved].
(c) The amounts distributed by the Collateral Agent to the Trust Collateral Agent pursuant to a Deficiency Notice shall be deposited by the Trust Collateral Agent into the Collection Account pursuant to Section 5.6.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (UPFC Auto Receivables Corp.), Sale and Servicing Agreement (UPFC Auto Receivables Corp.), Sale and Servicing Agreement (UPFC Auto Receivables Trust 2005-B)
Withdrawals from Spread Account. (a) In the event that the Servicer’s 's Certificate with respect to any Determination Date shall state that there is a Spread Account Deficiency Claim Amount then on the Spread Account Deficiency Claim Date immediately preceding the related Distribution Date, the Trust Collateral Agent shall deliver to the Collateral Agent, the Owner Trustee, the Trustee, the Insurer and the Servicer, by hand delivery or facsimile transmission, a written notice (a “Deficiency Notice”"DEFICIENCY NOTICE") specifying the Spread Account Deficiency Claim Amount for such Distribution Date and the Spread Account Note Policy Claim Amount, if any. Such Deficiency Notice shall direct the Collateral Agent to remit such Spread Account Deficiency Claim Amount (to the extent of the funds available to be distributed pursuant to the Spread Account Agreement) to the Trust Collateral Agent for deposit in the Collection Account on the related Distribution Date. Any Deficiency Notice shall be delivered by 12:00 noon, Eastern time, on the second fourth Business Day preceding such Distribution Date.
(b) [Reserved].
(c) The amounts distributed by the Collateral Agent to the Trust Collateral Agent pursuant to a Deficiency Notice shall be deposited by the Trust Collateral Agent into the Collection Account pursuant to Section 5.6.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (MFN Financial Corp), Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Withdrawals from Spread Account. (a) In the event that the Servicer’s Certificate with respect to any Determination Date shall state that there is a Spread Account Claim Amount then on the Spread Account Claim Date immediately preceding the related Distribution Date, the Trust Collateral Agent shall deliver to the Collateral Agent, the Owner Trustee, the Trustee, the Insurer and the Servicer, by hand delivery or facsimile transmission, a written notice (a “Deficiency Notice”) specifying the Spread Account Claim Amount for such Distribution Date and the Spread Account Claim Deficiency Amount, if any. Such Deficiency Notice shall direct the Collateral Agent to remit such Spread Account Claim Amount (to the extent of the funds available to be distributed pursuant to the Spread Account Agreement) to the Trust Collateral Agent for deposit in the Collection Account on the related Distribution Date. Any Deficiency Notice shall be delivered by 12:00 noon10:00 am, Eastern time, on the second Business Day preceding such Distribution Date.
(b) [Reserved].
(c) The amounts distributed by the Collateral Agent to the Trust Collateral Agent pursuant to a Deficiency Notice shall be deposited by the Trust Collateral Agent into the Collection Account pursuant to Section 5.6.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (UPFC Auto Receivables Trust 2007-A), Sale and Servicing Agreement (UPFC Auto Receivables Trust 2006-A)
Withdrawals from Spread Account. (a) In the event that the Servicer’s 's Certificate with respect to any Determination Date shall state that there the Total Distribution Amount with respect to such Determination Date is insufficient to make the payments required to be made on the related Payment Date pursuant to Section 5.7(b)(i) through (viii) (such deficiency being a Spread Account "Deficiency Claim Amount Amount"), then on the Spread Account Claim Date fourth Business Day immediately preceding the related Distribution Payment Date, the Trust Collateral Agent Trustee shall deliver to the Collateral Agent, the Owner Trustee, the TrusteeNote Insurer, the Insurer and the Servicer, by hand delivery delivery, telex or facsimile transmission, a written notice (a “"Deficiency Notice”") specifying the Spread Account Deficiency Claim Amount for such Distribution Date and the Spread Account Claim Amount, if anyPayment Date. Such Deficiency Notice shall direct the Collateral Agent to remit such Spread Account Deficiency Claim Amount (to the extent of the funds available to be distributed pursuant to the Spread Account Agreement) to the Trust Collateral Agent Trustee for deposit in the Collection Account on the related Distribution Date. and distribution pursuant to Sections 5.7(b)(i) through (viii), as applicable.
(b) Any Deficiency Notice shall be delivered by 12:00 noon10:00 a.m., Eastern New York City time, on the second fourth Business Day preceding such Distribution Payment Date.
(b) [Reserved].
(c) . The amounts distributed by the Collateral Agent to the Trust Collateral Agent Trustee pursuant to a Deficiency Notice shall be deposited by the Trust Collateral Agent Trustee into the Collection Account pursuant to Section 5.6.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Withdrawals from Spread Account. (a) In the event that the Servicer’s Certificate with respect to any Determination Date shall state that there is a Spread Account Claim Amount then on the Spread Account Claim Date immediately preceding the related Distribution Date, the Trust Collateral Agent shall deliver to the Collateral Agent, the Owner Trustee, the Trustee, the Insurer and the Servicer, by hand delivery or facsimile transmission, a written notice (a “Deficiency Notice”) specifying the Spread Account Claim Amount for such Distribution Date and the Spread Account Policy Claim Amount, if any. Such Deficiency Notice shall direct the Collateral Agent to remit such Spread Account Claim Amount (to the extent of the funds available to be distributed pursuant to the Spread Account Agreement) to the Trust Collateral Agent for deposit in the Collection Account on the related Distribution Date. Any Deficiency Notice shall be delivered by 12:00 noon, Eastern time, on the second Business Day preceding such Distribution Date.
(b) [Reserved].
(c) The amounts distributed by the Collateral Agent to the Trust Collateral Agent pursuant to a Deficiency Notice shall be deposited by the Trust Collateral Agent into the Collection Account pursuant to Section 5.6.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (UPFC Auto Receivables Trust 2007-B), Sale and Servicing Agreement (UPFC Auto Receivables Trust 2006-B)
Withdrawals from Spread Account. (a) In the event that the Preliminary Servicer’s Certificate with respect to any Determination Date shall state that there is a Spread Account Claim Amount then on the Spread Account Claim Date immediately preceding the related Distribution Date, the Trust Collateral Agent shall deliver to the Collateral Agent, the Owner Trustee, the Trustee, the Insurer and the Servicer, by hand delivery or facsimile transmission, a written notice (a “Deficiency Notice”) specifying the Spread Account Claim Amount for such Distribution Date and the Spread Account Claim Insured Amount, if any. Such Deficiency Notice shall direct the Collateral Agent to remit such Spread Account Claim Amount (to the extent of the funds available to be distributed pursuant to the Spread Account Agreement) to the Trust Collateral Agent for deposit in the Collection Account on the related Distribution Date. Any Deficiency Notice shall be delivered by 12:00 noon, Eastern time, on the second Business Day preceding such Distribution Date.
(b) [Reserved].
(c) The amounts distributed by the Collateral Agent . Back to the Trust Collateral Agent pursuant to a Deficiency Notice shall be deposited by the Trust Collateral Agent into the Collection Account pursuant to Section 5.6.Contents
Appears in 1 contract
Samples: Sale and Servicing Agreement (Americredit Automobile Receivable Trust 2005-D-A)
Withdrawals from Spread Account. (a) In the event that the Servicer’s 's Certificate with respect to any Determination Date shall state that there the Available Funds with respect to such Determination Date is insufficient to make the payments required to be made on the related Payment Date pursuant to Sections 4.07(a)(i) through (vi) (such deficiency being a Spread Account "Deficiency Claim Amount Amount"), then on the Spread Account Claim Date third Business Day immediately preceding the related Distribution Payment Date, the Trust Collateral Agent Indenture Trustee shall deliver to the Collateral Agent, the Owner TrusteeInsurer, the Trustee, the Insurer and the Servicer, by hand delivery delivery, telex or facsimile transmission, a written notice (a “"Deficiency Notice”") specifying the Spread Account Deficiency Claim Amount for such Distribution Date and the Spread Account Claim Amount, if anyPayment Date. Such Deficiency Notice shall direct the Collateral Agent to remit such Spread Account Deficiency Claim Amount (to the extent of the funds available to be distributed paid pursuant to the Spread Account Agreement) to the Trust Collateral Agent Indenture Trustee for deposit in the Collection Account on the related Distribution Date. and payment pursuant to Sections 4.07(a)(i) through (vi), as applicable.
(b) Any Deficiency Notice shall be delivered by 12:00 noon10:00 a.m., Eastern New York City time, on the second third Business Day preceding such Distribution Payment Date.
(b) [Reserved].
(c) . The amounts distributed by the Collateral Agent to the Trust Collateral Agent Indenture Trustee pursuant to a Deficiency Notice shall be deposited by the Trust Collateral Agent Indenture Trustee into the Collection Account pursuant to Section 5.64.06.
Appears in 1 contract
Samples: Indenture (Prudential Securities Secured Financing Corp)