Common use of Allocation of Payments Received Clause in Contracts

Allocation of Payments Received. Promptly after becoming available and in any event within five Business Days after the end of each month, or more frequently as may be reasonably requested by Lender (and, if an Event of Default has occurred and is continuing, such request may be made as often as daily), Borrower shall, or shall cause Servicer to, deliver to Lender information detailing, with respect to each deposit made into the Servicer Account, the specific Note Receivable to which such deposit relates and (i) the amount, if any, of such deposit that relates to a Sold Note Receivable and that Borrower has determined is payable to FTA for the benefit of the purchaser of such Sold Note Receivable, (ii) the amount, if any, of such deposit that relates to a Securitization Note Receivable and that Borrower has determined must be transferred to the trustee or holders of the certificates issued pursuant to a Securitization Transaction, (iii) the amount, if any, of such deposit that relates to a Participated Note Receivable and that Borrower has determined is payable to the purchaser of such Participated Note Receivable, (iv) the amount, if any, of such deposit that relates to a SBA Owned Note Receivable and that Borrower has determined is payable to SBA (any such amount described in clauses (i), (ii), (iii), or (iv) above being the “Allocated Payment Portion”), and (v) the amount of such deposit that relates to Borrower’s retained interest in a Note Receivable and that Borrower has determined is payable to Borrower. The portion payable to Borrower of each amount originally deposited in the Servicer Account and constituting a Borrower Allocated Payment shall be held by Borrower for the benefit of Lender, and Borrower shall, or shall cause Servicer to, cause any such portion to be transferred to the Collection Account within one Business Day after receipt of cleared funds.

Appears in 2 contracts

Sources: Loan Agreement (Firstcity Financial Corp), Loan Agreement (Firstcity Financial Corp)