Common use of Certificates and Statements Clause in Contracts

Certificates and Statements. (a) Not later than each Determination Date, the Servicer shall deliver to the Trustee, the Paying Agent and each Rating Agency, a certificate substantially in the form of Exhibit B prepared by the Servicer. (b) On each Distribution Date, the Paying Agent, on behalf of the Trustee, shall forward to each Series 1998-1 Holder a statement substantially in the form of Exhibit B prepared by the Servicer. (c) A copy of each statement or certificate provided pursuant to paragraph (a) or (b) may be obtained by any Series 1998-1 Holder or any Certificate Owner thereof by a request in writing to the Servicer. (d) On or before January 31 of each calendar year, beginning with calendar year 1999, the Paying Agent, on behalf of the Trustee, shall furnish or cause to be furnished to each Person who at any time during the preceding calendar year was a Series 1998-1 Holder, a statement prepared by the Servicer containing the information which is required to be contained in the statement to Series 1998-1 Holders, as set forth in paragraph (b) above, aggregated for such calendar year or the applicable portion thereof during which such Person was a Series 1998-1 Holder, together with other information as is required to be provided by an issuer of indebtedness under the Internal Revenue Code. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Paying Agent pursuant to any requirements of the Internal Revenue Code as from time to time in effect.

Certificates and Statements. (a) Not later than each Determination Date, the Servicer shall deliver to the Trustee, the Paying Agent and each Rating Agency, a certificate substantially in the form of Exhibit B prepared by the Servicer. (b) On each Distribution Date, the Paying Agent, on behalf of the Trustee, shall forward to each Series 19981999-1 A Holder a statement substantially in the form of Exhibit B C prepared by the Servicer. (c) A copy of each statement or certificate provided pursuant to paragraph (a) or (b) may be obtained by any Series 19981999-1 A Holder or any Certificate Owner thereof by a request in writing to the Servicer. (d) On or before January 31 of each calendar year, beginning with calendar year 19992000, the Paying Agent, on behalf of the Trustee, shall furnish or cause to be furnished to each Person who at any time during the preceding calendar year was a Series 19981999-1 A Holder, a statement prepared by the Servicer containing the information which is required to be contained in the statement to Series 19981999-1 A Holders, as set forth in paragraph (b) above, aggregated for such calendar year or the applicable portion thereof during which such Person was a Series 19981999-1 A Holder, together with other information as is required to be provided by an issuer of indebtedness under the Internal Revenue Code. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Paying Agent pursuant to any requirements of the Internal Revenue Code as from time to time in effect.. 38 42 ARTICLE VI Series 1999-A Pay Out Events Section 6.1 Series 1999-A Pay Out Events. If any one of the following events (each, a "Series Pay Out Event") shall occur with respect to Series 1999-A: (a) failure on the part of the Seller (A) to make any payment or deposit required by the terms of the Agreement on or before the date occurring five Business Days after the date such payment or deposit is required to be made herein or (B) duly to observe or perform in any material respect any other covenants or agreements of the Seller set forth in the Agreement which has a material adverse effect on the Series 1999-A Holders (which determination shall be made without reference to whether any funds are available pursuant to Series Enhancement) and continues unremedied for a period of 60 days after the date on which written notice of such failure, requiring the same to be remedied, shall have been given to the Seller by the Trustee, or to the Seller and the Trustee by Series 1999-A Holders aggregating not less than 50% of the sum of the outstanding principal balance of the Series 1999-A Certificates and the Class C Interests; (b) any representation or warranty made by the Seller in the Agreement or any information contained in a computer file or microfiche list required to be delivered by the Servicer on behalf of the Seller pursuant to Section 2.01 or 2.08 of the Agreement (A) shall prove to have been incorrect in any material respect when made or when delivered, which continues to be incorrect in any material respect for a period of 60 days after the date on which written notice of such failure, requiring the same to be remedied, shall have been given to the Seller by the Trustee, or to the Seller and the Trustee by Series 1999-A Holders aggregating not less than 50% of the sum of the outstanding principal balance of the Series 1999-A Certificates and the Class C Interests and (B) as a result of which the interests of the Series 1999-A Holders are materially and adversely affected (which determination shall be made without reference to whether any funds are available pursuant to any Series Enhancement); provided, however, that a Series Pay Out Event pursuant to this subparagraph (b) shall not be deemed to occur hereunder if the Seller has accepted reassignment of the related Receivable, or all of such Receivables, if applicable, during such period (or such longer period as the Trustee may specify) in accordance with the provisions hereof and of the Agreement; (1) with respect to the last day of any prior Monthly Period during which the Seller Amount is less than the Required Seller Amount, the failure of the Seller to convey on or prior to the Required Designation Date Receivables in Additional Accounts to the Trust such that the Seller Amount shall be at least equal to the Required Seller Amount as of the close of business on the applicable Addition Date; or (2) with respect to the last day of any prior Monthly Period during which the aggregate amount of Principal Receivables is less than the Required Principal Balance as of such day, the failure of the Seller to convey on or prior to the Required Designation Date Receivables in Additional Accounts to the Trust such that the aggregate amount of the Principal Receivables shall be at least equal to the Required Principal Balance as of the close of business on the applicable Addition Date; (d) the Net Portfolio Yield averaged over three consecutive Monthly Periods is less than the Base Rate averaged over such period;

Certificates and Statements. (a) Not later than each Determination Date, the Servicer shall deliver to the Trustee, the Paying Agent and Agent, each Rating AgencyAgency and the Collateral Interest Holder, a certificate substantially in the form of Exhibit B B. prepared by the Servicer. (b) On each Distribution Date, the Paying Agent, on behalf of the Trustee, shall forward to each Series 1998-1 Holder Class A Certificateholder a statement substantially in the form of Exhibit C-1 prepared by the Servicer and shall forward to each Class B Certificateholder a statement substantially in the form of Exhibit C-1 and a supplement to the monthly certificateholder's statement substantially in the form of Exhibit C-2 prepared by the Servicer. (c) A copy of each statement or certificate provided pursuant to paragraph (a) or (b) may be obtained by any Series 19982001-1 Holder A Certificateholder or any Certificate Owner thereof by a request in writing to the Servicer; provided that the Servicer shall not be required to deliver a copy of the supplement described in paragraph (b) to any Class A Certificate or any Class A Certificate Owner and, with respect to any certificate described in paragraph (a) delivered to any Class A Certificateholder or Class A Certificate Owner, the Servicer may omit information relating to the amount of interest paid or interest rate applicable to the Class B Certificates. (d) On or before January 31 of each calendar year, beginning with calendar year 19992002, the Paying Agent, on behalf of the Trustee, shall furnish or cause to be furnished to each Person who at any time during the preceding calendar year was a Series 19982001-1 HolderA Certificateholder, a statement prepared by the Servicer containing the information which is required to be contained in the statement to Series 19982001-1 HoldersA Certificateholders, as set forth in paragraph (b) above, aggregated for such calendar year or the applicable portion thereof during which such Person was a Series 19982001-1 HolderA Certificateholder, together with other information as is required to be provided by an issuer of indebtedness under the Internal Revenue Code. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Paying Agent pursuant to any requirements of the Internal Revenue Code as from time to time in effect.substantially