Account Allocations. In the event that the Transferor is unable for any reason to transfer Receivables to the Trust in accordance with the provisions of this Agreement (including, without limitation, by reason of any governmental agency having regulatory authority over the Transferor or any court of competent jurisdiction ordering that the Transferor not convey any additional Principal Receivables to the Trust) then, in any such event, the Transferor agrees to allocate and pay to the Trust, after the date of such inability, all Collections with respect to Receivables that would have been Principal Receivables but for the inability to transfer such Receivables (up to an aggregate amount equal to the amount of Principal Receivables in the Trust on such date with respect to Principal Receivables transferred to the Trust by the Transferor); and the Transferor agrees to have such amounts applied as Collections in accordance with Section 4.03. If the Transferor is unable pursuant to any Requirement of Law to allocate payments on the Accounts as described above, the Transferor agrees that it shall, in any such event, allocate after such date payments on each Account with respect to the principal balance of such Account first to the oldest principal balance of such Account and to have such payments applied as Collections in accordance with Section 4.03. The parties hereto agree that Finance Charge Receivables, whenever created, accrued in respect of Principal Receivables that have been conveyed to the Trust by the Transferor shall continue to be a part of the Trust notwithstanding any cessation of the transfer of additional Principal Receivables to the Trust, and Collections with respect thereto shall continue to be allocated and paid in accordance with Section 4.03.
Appears in 4 contracts
Sources: Pooling and Servicing Agreement (Discover Card Master Trust I), Pooling and Servicing Agreement (Discover Card Master Trust I), Pooling and Servicing Agreement
Account Allocations. In the event that the Transferor any Seller is unable for any reason to transfer Receivables to the Trust in accordance with the provisions of this Agreement (including, without limitation, by reason of any governmental agency having regulatory authority over the Transferor any Seller or any court of competent jurisdiction ordering that the Transferor any Seller not convey any additional Principal Receivables to the Trust) then, in any such event, the Transferor such Seller agrees to allocate and pay to the Trust, after the date of such inability, all Collections with respect to Receivables that would have been Principal Receivables but for the inability to transfer such Receivables (up to an aggregate amount equal to the amount of Principal Receivables in the Trust on such date with respect to Principal Receivables transferred to the Trust by the Transferorsuch Seller); and the Transferor such Seller agrees to have such amounts applied as Collections in accordance with Section 4.03. If the Transferor such Seller is unable pursuant to any Requirement of Law to allocate payments on the Accounts as described above, the Transferor such Seller agrees that it shall, in any such event, allocate after such date payments on each Account with respect to the principal balance of such Account first to the oldest principal balance of such Account and to have such payments applied as Collections in accordance with Section 4.03. The parties hereto agree that Finance Charge Receivables, whenever created, accrued in respect of Principal Receivables that have been conveyed to the Trust by the Transferor any Seller shall continue to be a part of the Trust notwithstanding any cessation of the transfer of additional Principal Receivables to the Trust, and Collections with respect thereto shall continue to be allocated and paid in accordance with Section 4.03.
Appears in 4 contracts
Sources: Pooling and Servicing Agreement, Pooling and Servicing Agreement (Discover Card Execution Note Trust), Pooling and Servicing Agreement (Discover Card Master Trust I)
Account Allocations. In the event that the Transferor RPA Seller is unable for any reason to transfer Receivables to the Trust Purchaser in accordance with the provisions of this Agreement (including, without limitation, by reason of the application of the provisions of Section 8.02 or an order by any federal governmental agency having regulatory authority over the Transferor RPA Seller or any court of competent jurisdiction ordering that the Transferor RPA Seller not convey transfer any additional Principal Receivables to the TrustPurchaser) then, in any such event, the Transferor RPA Seller agrees to allocate and pay to the TrustPurchaser, after the date of such inability, all Collections with respect to Receivables that would have been Principal Receivables but for the inability previously sold to transfer such Receivables (up to an aggregate amount equal to the amount of Principal Receivables in the Trust on such date with respect to Principal Receivables transferred to the Trust by the Transferor); and the Transferor agrees to have such amounts applied as Collections in accordance with Section 4.03Purchaser. If the Transferor RPA Seller is unable pursuant to any Requirement of Law to allocate payments on the Accounts Collections as described above, the Transferor RPA Seller agrees that it shall, shall in any such event allocate, after the occurrence of such event, allocate after such date payments on each Account with respect to the principal balance of such Account first to the oldest principal balance of such Account and to have such payments applied as Collections in accordance with Section 4.03the Transaction Documents. The parties hereto agree that Finance Charge Receivables, whenever created, accrued in respect of Principal Receivables that have been conveyed to the Trust by the Transferor Purchaser shall continue to be a part of the Trust owned by Purchaser or its assignee notwithstanding any cessation of the transfer of additional Principal Receivables to the Trust, Purchaser and Collections with respect thereto shall continue to be allocated and paid in accordance with Section 4.03the Transaction Documents.
Appears in 3 contracts
Sources: Receivables Purchase Agreement (Cabela's Master Credit Card Trust), Receivables Purchase Agreement (Cabela's Master Credit Card Trust), Receivables Purchase Agreement (Cabela's Credit Card Master Note Trust)
Account Allocations. In the event that the Transferor Seller is unable for any reason to transfer sell Receivables to the Trust Buyer in accordance with the provisions of this Agreement (including, without limitation, by reason of the application of the provisions of Section 8.2 or any governmental agency Governmental Authority having regulatory authority over the Transferor Seller or any court of competent jurisdiction ordering that the Transferor Seller not convey sell any additional Principal Receivables to the Trust) thenBuyer), then in any such event, the Transferor Seller agrees (except as prohibited by any such order) to allocate and pay to the TrustBuyer, after the date of such inability, all Collections with respect to Receivables that would have been Principal Receivables but for the inability to transfer such Receivables (up to an aggregate amount equal previously sold to the amount of Principal Receivables in Buyer. To the Trust on such date with respect to Principal Receivables transferred extent that it is not clear to the Trust by Seller whether collections relate to a Principal Receivable that was sold to the Transferor); and Buyer or to a principal receivable that the Transferor agrees to have such amounts applied as Collections in accordance with Section 4.03. If the Transferor Seller is unable pursuant to any Requirement of Law sell to the Buyer, the Seller agrees that it shall allocate payments on the Accounts as described above, the Transferor agrees that it shall, in any such event, allocate after such date payments on each Account or Additional Account with respect to the principal balance of such Account or Additional Account first to the oldest principal balance of such Account and or Additional Account. Notwithstanding any cessation of the sale to have such payments applied as Collections in accordance with Section 4.03. The parties hereto agree that Finance Charge the Buyer of additional Principal Receivables, whenever createdPrincipal Receivables sold to the Buyer prior to the occurrence of the event giving rise to such inability, accrued Collections in respect of such Principal Receivables, Finance Charge and Administrative Receivables whenever created that have been conveyed to the Trust by the Transferor accrue in respect of such Principal Receivables, and Collections in respect of such Finance Charge and Administrative Receivables, shall continue to be a part property of the Trust notwithstanding any cessation of Buyer available for transfer by the transfer of additional Principal Receivables Buyer to the Trust, and Collections with respect thereto shall continue to be allocated and paid in accordance with Section 4.03Purchasers listed on Schedule 3.
Appears in 3 contracts
Sources: Receivables Purchase Agreement, Receivables Purchase Agreement (HSBC Credit Card Master Note Trust (Usa) I), Receivables Purchase Agreement (Metris Master Trust)
Account Allocations. (i) In the event that the Transferor RPA Seller is unable for any reason to transfer Receivables to the Trust Buyer in accordance with the provisions of this Agreement (including, without limitation, by reason of any governmental agency having regulatory authority over the Transferor or any court occurrence of competent jurisdiction ordering that the Transferor not convey any additional Principal Receivables to the Trustan Insolvency Event) then, in any such event, RPA Seller agrees to instruct the Transferor agrees Servicer to allocate and pay to in accordance with the TrustServicing Agreement, after the date of such inability, all Collections with payments received in respect of the Accounts giving rise to Receivables that would have been Principal Receivables but for the inability to transfer such Receivables (up to an aggregate amount equal first to the total amount of Principal Receivables in the Trust on from such date with respect to Principal Receivables Accounts transferred to the Trust by the Transferor); and the Transferor agrees to have such amounts applied as Collections in accordance with Section 4.03. If the Transferor is unable pursuant to any Requirement of Law to allocate payments on the Accounts as described above, the Transferor agrees that it shall, in any such event, allocate after such date payments on each Account with respect to the principal balance of such Account first to the oldest principal balance of such Account and to have such payments applied as Collections in accordance with Section 4.03Buyer. The parties hereto agree that Finance Charge Receivables, whenever created, accrued in with respect of to Principal Receivables that which have been conveyed transferred to the Trust by the Transferor Buyer shall continue to be a part property of the Trust Buyer or its assigns notwithstanding any cessation of the transfer of additional Principal Receivables to the Trust, Buyer and Collections with respect thereto shall continue to be allocated and paid in accordance with the Transaction Documents.
(ii) In the event that pursuant to Section 4.036.1(a), RPA Seller -------------- accepts a retransfer of an Ineligible Receivable as a result of a breach of the representations and warranties relating to such Receivable, then, in any such event, RPA Seller agrees to instruct the Servicer to allocate payments received in respect of the Account giving rise to such Receivable first to the total amount of Principal Receivables of the appropriate Obligor retained by Buyer or its assigns and thereafter to the total amount owing by such Obligor on any Ineligible Receivable retransferred to RPA Seller.
Appears in 2 contracts
Sources: Receivables Purchase Agreement (First Consumers Master Trust), Receivables Purchase Agreement (Spiegel Inc)
Account Allocations. In the event that the Transferor Seller is unable for ------------------- any reason to transfer sell Receivables to the Trust Purchaser in accordance with the provisions of this Agreement (including, without limitation, by reason of the application of the provisions of Section 8.2 or a binding order of any governmental agency having regulatory authority over the Transferor or any court of competent jurisdiction ordering that the Transferor not convey any additional Principal Receivables to the Trust) Governmental Authority), then, in any such event, the Transferor Seller agrees (except as prohibited by any such order) to allocate and pay to the TrustPurchaser, after the date of such inability, all Collections with respect of Principal Receivables sold to Receivables that the Purchaser prior to the occurrence of such event and all amounts which would have been constituted Collections of Principal Receivables but for the Seller's inability to transfer sell such Receivables (up to an aggregate amount equal to the amount of Principal Receivables in the Trust on such date with respect to Principal Receivables transferred to the Trust by the Transferor); and the Transferor agrees to have such amounts applied as Collections in accordance with Section 4.03Purchaser. If the Transferor Seller is unable pursuant to any Requirement of Law to allocate payments on the Accounts amounts as described above, the Transferor Seller agrees that it shall, in any such event, (except as prohibited by law) to allocate after such date payments on each Account with respect to the principal balance of such Account first to the oldest principal balance of Receivable in such Account and to have such payments applied as Collections in accordance with Section 4.03Account. The parties hereto agree that Finance Charge Receivables, whenever created, accrued in respect of Principal Receivables that which have been conveyed sold to the Trust by Purchaser, or which would have been sold to the Transferor Purchaser but for the Seller's inability to sell Receivables to the Purchaser, shall continue to be a part property of the Trust Purchaser notwithstanding any cessation of the transfer sale of additional Principal Receivables to the Trust, and Collections with respect thereto shall continue to be allocated and paid in accordance with Section 4.03Purchaser.
Appears in 2 contracts
Sources: Receivables Purchase Agreement (Circuit City Credit Card Master Trust), Receivables Purchase Agreement (Fnanb Credit Card Master Trust)
Account Allocations. In the event that the Transferor Seller is unable for any reason to transfer Receivables to the Trust Purchaser in accordance with the provisions of this Agreement (including, without limitation, by reason of an order by any federal or state governmental agency having regulatory authority over the Transferor Seller or any court of competent jurisdiction ordering that the Transferor Seller not convey transfer any additional Principal Receivables to the Trust) then, in any such event, (A) the Transferor Seller agrees to allocate and pay to the TrustPurchaser, after the date of such inability, all Collections with respect to Receivables that Principal Receivables, and all amounts which would have been constituted Collections with respect to Principal Receivables but for the Seller's inability to transfer such Receivables (up to an aggregate amount equal to the amount of Principal Receivables in the Trust on such date with respect to Principal Receivables transferred to the Trust by the Transferordate); and (B) the Transferor Seller agrees to have such amounts applied as Collections in accordance with Section 4.03Article IV of the Pooling and Servicing Agreement. If the Transferor Seller is unable pursuant to any Requirement of Law to allocate payments on the Accounts Collections as described above, the Transferor Seller agrees that it shall, in any such event, allocate after such date payments on each Account with respect to the principal balance of such Account shall be allocated first to the oldest principal balance of such Account and to have such payments applied as Collections in accordance with Section 4.03Account. The parties hereto agree that Finance Charge Receivables, whenever created, created or accrued in respect of Principal Receivables that which have been conveyed to the Trust Purchaser (and by the Transferor Purchaser to the Trust) shall continue to be a part of the Trust notwithstanding any cessation of the transfer of additional Principal Receivables to the Trust, Purchaser and Collections with respect thereto shall continue to be allocated and paid in accordance with Section 4.03Article IV of the Pooling and Servicing Agreement.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Stage Stores Inc), Purchase and Sale Agreement (Charming Shoppes Receivables Corp)
Account Allocations. In the event that the Transferor Seller is unable for any reason to transfer Receivables to the Trust Purchaser in accordance with the provisions of this Agreement (including, without limitation, by reason of an order by any federal or state governmental agency having regulatory authority over the Transferor Seller or any court of competent jurisdiction ordering that the Transferor Seller not convey transfer any additional Principal Receivables to the Trust) then, in any such event, (A) the Transferor Seller agrees to allocate and pay to the TrustPurchaser, after the date of such inability, all Collections with respect to Receivables that Principal Receivables, and all amounts which would have been constituted Collections with respect to Principal Receivables but for the Seller’s inability to transfer such Receivables (up to an aggregate amount equal to the amount of Principal Receivables in the Trust on such date with respect to Principal Receivables transferred to the Trust by the Transferordate); and (B) the Transferor Seller agrees to have such amounts applied as Collections in accordance with Section 4.03Article IV of the Pooling and Servicing Agreement. If the Transferor Seller is unable pursuant to any Requirement of Law to allocate payments on the Accounts Collections as described above, the Transferor Seller agrees that it shall, in any such event, allocate after such date payments on each Account with respect to the principal balance of such Account shall be allocated first to the oldest principal balance of such Account and to have such payments applied as Collections in accordance with Section 4.03Account. The parties hereto agree that Finance Charge Receivables, whenever created, created or accrued in respect of Principal Receivables that which have been conveyed to the Trust Purchaser (and by the Transferor Purchaser to the Trust) shall continue to be a part of the Trust notwithstanding any cessation of the transfer of additional Principal Receivables to the Trust, Purchaser and Collections with respect thereto shall continue to be allocated and paid in accordance with Section 4.03Article IV of the Pooling and Servicing Agreement.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Alliance Data Systems Corp)
Account Allocations. In the event that the If Transferor is unable for any reason to transfer Receivables Transferred Interests to the Trust Buyer in accordance with the provisions of this Agreement (including, without limitation, including by reason of the application of the provisions of Section 5.1 or an order by any governmental agency having regulatory authority over the Transferor or any court of competent jurisdiction ordering Governmental Authority that the Transferor not convey transfer any additional Principal Receivables to the TrustBuyer) then, in any such event, the Transferor agrees to allocate and pay to the TrustBuyer, after the date of such inability, all Collections with respect to Receivables that Principal Receivables, and all amounts which would have been constituted Collections with respect to Principal Receivables but for the Transferor’s inability to transfer such Receivables Transferred Interests (up to an aggregate amount equal to the amount of Principal Receivables in the Trust held by Buyer on such date with respect to Principal Receivables transferred to the Trust by the Transferorof inability); and the Transferor agrees to have such amounts applied as Collections in accordance with Section 4.03. If the Transferor is unable pursuant to any Requirement of Law to allocate payments on the Accounts pay to Buyer Collections as described above, the Transferor agrees that it shallshall allocate collections, charge-offs and other incidents of the receivables in any such event, allocate after such date payments the Accounts between Transferred Interests and other receivables outstanding in the Accounts on each Account with respect a basis reasonably intended to approximate the principal balance of such Account first actual portions allocable to the oldest principal balance of such Account Transferred Interests and to have such payments applied as Collections in accordance with Section 4.03other receivables respectively. The parties hereto agree that Finance Charge Receivables, whenever created, accrued in respect of Principal Receivables that have been conveyed to Buyer, or that would have been conveyed to Buyer but for the Trust by the Transferor above described inability to transfer such Receivables, shall continue to be a part of the Trust held by Buyer notwithstanding any cessation of the transfer of additional Principal Receivables to the Trust, and Collections with respect thereto shall continue to be allocated and paid in accordance with Section 4.03Buyer.
Appears in 1 contract