Common use of Data Report Clause in Contracts

Data Report. On each Determination Date, the Servicer will transmit or deliver to the Notice Parties a data report in the form of magnetic tape or diskette or computer modem transmission, in a format reasonably acceptable to the Notice Parties, containing such information as the Notice Parties may reasonably require with respect to the Contracts as of the close of business on the last day of the preceding Collection Period, including without limitation the information necessary for preparation of the Servicer's Certificate (a "Data Report"). The Servicer shall also transmit to the Notice Parties a Data Report concurrently with the delivery of any Notice of Borrowing and Pledge, containing information with respect to any new Contracts to be added to the Collateral on or before the Funding Date and the Contracts included in the Collateral after giving effect to such Advance. The Backup Servicer shall verify that each Data Report is in a readable and usable form and covers all information necessary to service the Contracts, including, but not limited to, Aggregate Implicit Principal Balance of the Contracts, Available Funds, Delinquent Contracts, Defaulted Contracts, Recoveries, prepayments and bankruptcies. The Backup Servicer shall use each such monthly Data Report to confirm that the Servicer's Certificate delivered by the Servicer for the related Collection Period is correct with respect to the following information: beginning and ending Aggregate Implicit Balance of the Contracts; beginning and ending Total Outstanding Advances; the Implicit Principal Balance of Contracts that are 31-60, 61-90 and 91 or more days delinquent; the 31 to 60 Day Delinquency Ratio; the 61 to 90 Day Delinquency Ratio; the NPA Ratio; the sum of the Implicit Principal Balance of Defaulted Contracts for the related Collection Period; the Annualized Charge Off Ratio; the Borrowing Base; the Borrowing Base Deficiency, if any; and confirmation of concentrations by Customer, broker, type of Equipment, FinPac Custom Score and geographic territory as of the end of the related Collection Period. The Backup Servicer shall notify the Servicer and the Notice Parties of any material discrepancies in connection with such verification 11 Servicing Agreement and confirmation on or before the third Business Day following the applicable Determination Date. The Backup Servicer shall provide, before the end of the related calendar month, written certification to the Notice Parties that the information confirmed pursuant to the second preceding sentence above appears complete and correct (except with respect to any discrepancies described above). In the event that the Backup Servicer reports any material discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the Business Day prior to the related Payment Date, but in the absence of a reconciliation, the Servicer's Certificate shall control for the purpose of calculations and distributions with respect to the related Payment Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer's Certificate by the related Payment Date, the Servicer shall cause a firm of nationally-recognized independent certified public accountants acceptable to the Lender, at the Servicer's expense, to audit the Servicer's Certificate and, prior to the fifth calendar day of the following month, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer's Certificate for such next succeeding Determination Date. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Data Report. On each Determination Date, the Servicer will transmit or deliver to the Notice Parties Trustee and Controlling Party a data report in the form of magnetic tape or diskette or computer modem transmission, in a format reasonably acceptable to the Notice PartiesControlling Party, containing such information as the Notice Parties Trustee or the Controlling Party may reasonably require with respect to the Contracts as of the close of business on the last day of the preceding Collection Due Period, including without limitation the information necessary for preparation of the Monthly Servicer's Certificate Report (a "Data Report"). The Servicer shall also transmit to the Notice Parties a Data Report concurrently with the delivery of any Notice of Borrowing and Pledge, containing information with respect to any new Contracts to be added to the Collateral on or before the Funding Date and the Contracts included in the Collateral after giving effect to such Advance. The Backup Back-up Servicer shall verify that each Data Report is in a readable and usable form and covers all information necessary to service the Contracts, including, but not limited to, Aggregate Implicit Principal Balance of the ContractsIPB, Available Funds, Delinquent Contracts, Defaulted Contracts, Recoveries, prepayments and bankruptcies. The Backup Back-up Servicer shall use each such monthly Data Report to confirm that the Monthly Servicer's Certificate Report delivered by the Servicer for the related Collection Due Period is correct with respect to the following information: beginning and ending Aggregate Implicit Balance of the Contracts; beginning and ending Total Outstanding AdvancesIPB; the Implicit Principal Balance of Contracts that are 31-60, 61-90 and 91 or more days delinquent; the 31 to 60 Day Delinquency Ratio; the 61 to 90 Day Delinquency Ratio; the NPA Ratio; the sum of the Implicit Principal Balance of Defaulted Contracts for the related Collection Due Period; and for each of the Annualized Charge Off Ratio; first four Monthly Servicer's Reports delivered after the Borrowing Base; the Borrowing Base DeficiencyClosing Date, if any; and confirmation of concentrations by Customer, broker, type of Equipment, FinPac Custom Score and geographic territory as of the end of the related Collection Due Period. The Backup Back-up Servicer shall notify the Servicer Servicer, the Trustee and the Notice Parties Note Insurer of any material discrepancies in connection with such verification 11 Servicing Agreement and confirmation on or before the third Business Day following the applicable Determination Date. The Backup Back-up Servicer shall provide, before on the end of Business Day prior to the related calendar month, Payment Date written certification to the Notice Parties Trustee and the Note Insurer that the information confirmed pursuant to the second preceding sentence above appears complete and correct (except with respect to any discrepancies described above). In the event that the Backup Back-up Servicer reports any material discrepancies, the Servicer and the Backup Back-up Servicer shall attempt to reconcile such discrepancies prior to the Business Day prior to the related Payment Date, but in the absence of a reconciliation, the Monthly Servicer's Certificate Report shall control for the purpose of calculations and distributions with respect to the related Payment Date. In the event that the Backup Back-up Servicer and the Servicer are unable to reconcile discrepancies with respect to a Monthly Servicer's Certificate Report by the related end of the calendar month in which such Payment DateDate occurred, the Servicer shall shall, if so directed by the Controlling Party, cause a firm of nationally-recognized independent certified public accountants acceptable to the LenderControlling Party, at the Servicer's expense, to audit the Monthly Servicer's Certificate Report and, prior to the fifth calendar day of the following monthnext succeeding Determination Date, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Monthly Servicer's Certificate Report for such next succeeding Determination Date. Other than the duties specifically set forth in this Agreement, the Backup Back-up Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Back-up Servicer shall have no liability for any actions taken or omitted by the Servicer.

Data Report. On each Determination Reporting Date, the Servicer will transmit or deliver to the Standby Servicer, the Notice Parties and the Collateral Agent a data report in the form of magnetic tape or diskette or computer modem transmission, in a format reasonably acceptable to the Notice Parties, the Standby Servicer and the Collateral Agent, containing such information as the Notice Parties Parties, the Standby Servicer or the Collateral Agent may reasonably require with respect to the Contracts Receivables as of the close of business on the last day of the preceding Collection Period, including without limitation the information necessary for preparation of the Servicer's Certificate (a "Data Report"). The Servicer shall also transmit to the Notice Parties Parties, the Standby Servicer and the Collateral Agent a Data Report concurrently with the delivery of any Notice of Borrowing and PledgeFunding Notice, containing information with respect to any new Contracts Receivables to be added to the Collateral on or before the Funding Date and the Contracts Receivables included in the Collateral after giving effect to such AdvanceFunding. The Backup Standby Servicer shall verify that each Data Report is in a readable and usable form and covers all information necessary to service the ContractsReceivables, including, but not limited to, Aggregate Implicit Principal Balance of Balances as to the Contractstotal portfolio, Available FundsCollections, Delinquent ContractsDelinquency Rates, Defaulted ContractsReceivables, Recoveries, prepayments and bankruptcies. The Backup Standby Servicer shall use each such monthly Data Report to confirm that the Servicer's Certificate delivered by the Servicer for the related Collection Period is correct with respect to the following information: beginning and ending Aggregate Implicit Balance of the ContractsPool Balance; beginning and ending Total Outstanding AdvancesPrincipal; the Implicit aggregate Principal Balance of Contracts Receivables that are 31-60, 61-90 and 91 or more days delinquent; the 31 to 60 Day Delinquency Ratio; the 61 to 90 Day Delinquency Ratio; the NPA Ratio; the sum of the Implicit Principal Balance of Defaulted Contracts Receivables for the related Collection Period; the Annualized Charge Off Ratio; the Borrowing Base; the Borrowing Base Deficiency, if any; and confirmation of concentrations by CustomerObligor, broker, type of Equipment, FinPac Custom Score Equipment and geographic territory as of the end of the related Collection Period. The Backup Standby Servicer shall notify the Servicer Servicer, and the Notice Parties of any material discrepancies in connection with such verification 11 Servicing Agreement and confirmation on or before the third Business Day following the applicable Determination Reporting Date. The Backup Standby Servicer shall provide, before the end of the related calendar month, written certification to the Notice Parties that the information confirmed verified pursuant to the second preceding sentence above appears complete and correct (except with respect to any discrepancies described above). In the event that the Backup Standby Servicer reports any material discrepancies, the Servicer and the Backup Standby Servicer shall attempt to reconcile such discrepancies prior to the Business Day prior to the related Payment Distribution Date, but in the absence of a reconciliation, the Servicer's Certificate shall control for the purpose of calculations and distributions with respect to the related Payment Distribution Date. In the event that the Backup Standby Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer's Certificate by the related Payment Distribution Date, the Servicer shall cause a firm of nationally-recognized independent certified public accountants acceptable to the LenderSurety Provider, at the Servicer's expense, to audit the Servicer's Certificate and, prior to the fifth calendar day of the following month, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer's Certificate for such next succeeding Determination Reporting Date. Other than the duties specifically set forth in this Agreement, the Backup Standby Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Standby Servicer shall have no liability for any actions taken or omitted by the Servicer.

Data Report. On or before the tenth calendar day of each Determination Datemonth, the Servicer will transmit or deliver to the Notice Parties Administrator, the Standby Servicer and the Custodian a data report in the form of magnetic tape or diskette or computer modem transmission, in a format reasonably acceptable to the Notice PartiesAdministrator, the Standby Servicer, and the Custodian, containing such information as the Notice Parties Administrator or the Standby Servicer may reasonably require with respect to the Contracts Receivables as of the close of business on the last day of the preceding Collection Period, including without limitation the information necessary for preparation of the Servicer's Certificate (a "Data Report"). The Servicer shall also transmit to the Notice Parties Administrator and the Custodian a Data Report concurrently with the delivery of any Notice Addition Notice, containing information with respect to the Receivables to be sold to the Purchaser on the relevant Subsequent Transfer Date and the Receivables included in the Purchased Assets after giving effect to such sale. The Servicer shall also transmit to the Administrator and the Custodian a Data Report concurrently with the delivery of Borrowing and Pledgeany Warehouse Funding Notice, containing information with respect to any new Contracts Receivables to be added to the Collateral Warehouse Loan Tranche on or before the Warehouse Funding Date and the Contracts Receivables included in the Collateral Warehouse Loan Tranche after giving effect to such AdvanceWarehouse Funding. The Backup Servicer shall verify that each Data Report is in a readable and usable form and covers all information necessary to service the Contracts, including, but not limited to, Aggregate Implicit Principal Balance of the Contracts, Available Funds, Delinquent Contracts, Defaulted Contracts, Recoveries, prepayments and bankruptcies. The Backup Standby Servicer shall use each such monthly Data Report to confirm that verify the Servicer's Certificate delivered by the Servicer for the related Collection Period is correct with respect to the following information: beginning and ending Aggregate Implicit Balance of the Contracts; beginning and ending Total Outstanding Advances; the Implicit Principal Balance of Contracts that are 31-60, 61-90 and 91 or more days delinquent; the 31 to 60 Day Delinquency Ratio; the 61 to 90 Day Delinquency Ratio; the NPA Ratio; the sum of the Implicit Principal Balance of Defaulted Contracts for the related same Collection Period; , and the Annualized Charge Off Ratio; the Borrowing Base; the Borrowing Base Deficiency, if any; and confirmation of concentrations by Customer, broker, type of Equipment, FinPac Custom Score and geographic territory as of the end of the related Collection Period. The Backup Standby Servicer shall notify the Servicer and the Notice Parties Administrator of any material discrepancies in connection with such verification 11 Servicing Agreement and confirmation on or before the third second Business Day following the applicable Determination Date. The Backup Servicer shall provide, before the end of the related calendar month, written certification to the Notice Parties that the information confirmed pursuant to the second preceding sentence above appears complete and correct (except with respect to any discrepancies described above). In the event that the Backup Standby Servicer reports any material discrepancies, the Servicer and the Backup Standby Servicer shall attempt to reconcile such discrepancies prior to the third Business Day prior to the related Payment Distribution Date, but in the absence of a reconciliation, the Servicer's Certificate shall control for the purpose of calculations and distributions with respect to the related Payment Distribution Date. In the event that the Backup Standby Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer's Certificate by the related Payment Distribution Date, the Servicer shall cause a firm of nationally-recognized independent certified public accountants acceptable to the Lenderaccountants, at the Servicer's expense, to audit the Servicer's Certificate and, prior to the fifth calendar day of the following month, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer's Certificate for such next succeeding Determination Date. Other than the duties specifically set forth in this Agreement, the Backup Standby Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Standby Servicer shall have no liability for any actions taken or omitted by the Servicer.