Examples of Issuer Available Funds in a sentence
It remains understood that all payments shall be made out of the Issuer Available Funds in accordance with the Pre-Acceleration Priority of Payments, while the Single Portfolio Available Funds shall be applied in accordance with the Single Portfolio Priority of Payments only to register, for Originators’ accounting purposes, the actual contribution of the BPB Portfolio or the CRO Portfolio, as the case may be, to such payments.
The Noteholders and the Other Issuer Creditors have a claim against the Issuer only to the extent of the Issuer Available Funds in each case subject to and as provided in the Intercreditor Agreement and the other Transaction Documents.
Pursuant to the Intercreditor Agreement, the Issuer and the Other Issuer Creditors have agreed, inter alia, to apply the Issuer Available Funds in accordance with the applicable Priority of Payments and the circumstances in which the Representative of the Noteholders will be entitled to exercise certain rights in relation to the Portfolio.
Under the Intercreditor Agreement provision is made as to the application of the proceeds from collections in respect of the Portfolio and as to the circumstances in which the Representative of the Noteholders will be entitled to exercise certain rights in relation to the Portfolio.In the Intercreditor Agreement the Other Issuer Creditors have agreed, inter alia, to the order of priority of payments to be made out of the Issuer Available Funds.
According to the above, the Residual Optional Instalment, even if assigned to the Issuer, should not be considered as collateral backing the Notes for the purpose of the Securitisation, as the cash-flows generated thereunder are not part of the Issuer Available Funds and must be returned to the Originator outside of the applicable Priority of Payments.