Withdrawals from Spread Account. (a) In the event that the ------------------------------- Servicer's Certificate with respect to any Determination Date shall state that the sum of (i) the Available Funds for the related Collection Period plus (ii) the Prepayment Amount with respect to the related Distribution Date is less than the sum of the amounts payable on the related Distribution Date pursuant to clauses (i) through (v) of Section 5.7(b), plus the Noteholders' Interest Carryover Amount, if any, which will accrue from the related Distribution Date to the related Insured Distribution Date (such deficiency being a "Deficiency Claim Amount") then on the Deficiency Claim Date immediately preceding the related Insured Distribution Date, the Trust Collateral Agent shall deliver to the Collateral Agent, the Owner Trustee, the Insurer and the Servicer, by hand delivery or facsimile transmission, a written notice (a "Deficiency Notice") specifying the Deficiency Claim Amount for such Insured Distribution Date and the Note Policy Claim Amount, if any. Such Deficiency Notice shall direct the Collateral Agent to remit such 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 Insured Distribution Date. Any Deficiency shall be delivered by 12:00 noon, New York City time, on the fourth Business Day preceding such Insured Distribution Date.
Appears in 2 contracts
Samples: Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)
Withdrawals from Spread Account. (a) In the event that the ------------------------------- Servicer's Certificate with respect to any Determination Date shall state that the sum amount of (i) the Available Funds for the related Collection Period plus (ii) the Prepayment Amount with respect to the related Distribution such Determination Date is are less than the sum of the amounts payable on the related Distribution Payment Date pursuant to clauses (i) through (vvi) and subclause first of clause (ix) of Section 5.7(b), plus the Noteholders' Interest Carryover Amount, if any, which will accrue from the related Distribution Date to the related Insured Distribution Date 5.6(c) (such deficiency being a "Deficiency Claim Amount") then on the Deficiency Claim Date immediately preceding the related Insured Distribution such Payment Date, the Trust Collateral Agent shall deliver to the Collateral Agent, the Owner TrusteeNote Insurer, the Insurer and Demand Note Provider, the Fiscal Agent (as such term is defined in the Insurance Agreement), if any, the Servicer, by hand delivery delivery, telex, facsimile transmission or facsimile transmissionanother mutually acceptable means, a written notice (a "Deficiency Notice") specifying the Deficiency Claim Amount for such Insured Distribution Date and the Note Policy Claim Amount, if anyPayment Date. Such Deficiency Notice shall direct the Collateral Agent to remit such Deficiency Claim Amount (to the extent of the funds available to be distributed pursuant to the Spread Account Agreement) Agreement to the Trust Collateral Agent for deposit in the Collection Account on Account; provided, that no Deficiency Claim Amount shall be paid for any principal payable pursuant to clause (iv) of Section 5.6(c) unless the related Insured Distribution DateOvercollateralization Amount is less than zero or such Payment Date is a Final Scheduled Payment Date for any class of Class A Notes. Any Deficiency Notice shall be delivered by 12:00 noon10:00 a.m., New York City time, on the fourth Business Day preceding such Insured Distribution related Deficiency Claim Date. 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 5.5 and 5.12.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp.)
Withdrawals from Spread Account. (a) In the event that the ------------------------------- Servicer's Certificate with respect to any Determination Date shall state that the sum of (i) the Available Funds for the related Collection Period plus (ii) the Prepayment Amount with respect to the related Distribution Date is less than the sum of the amounts payable on the related Distribution Date pursuant to clauses (i) through (v) of Section 5.7(b), plus the Noteholders' Interest Carryover Amount, if any, which will accrue from the related Distribution Date to the related Insured Distribution Date (such deficiency being a "Deficiency Claim Amount") then on the Deficiency Claim Date immediately preceding the related Insured Distribution Date, the Trust Collateral Agent shall deliver to the Collateral Agent, the Owner Trustee, the Insurer and the Servicer, by hand delivery or facsimile transmission, a written notice (a "Deficiency Notice") specifying the Deficiency Claim Amount for such Insured Distribution Date and the Note Policy Claim Amount, if any. Such Deficiency Notice shall direct the Collateral Agent to remit such 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 Insured Distribution Date. Any Deficiency shall be delivered by 12:00 noon, New York City Eastern time, on the fourth Business Day preceding such Insured Distribution Date.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)