Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENT") setting forth with respect to the next succeeding Distribution Date: (i) the Note Interest Distributable Amount for such Distribution Date; (ii) the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount; (iii) the Note Distributable Amount for such Distribution Date; (iv) the Premium payable to the Insurer; (v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date; (vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b); (vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period; (viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period; (ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date; (x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis; (xi) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date; (xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts; (xiii) the net credit losses and Cram Down Losses for the Collection Period; (xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed; (xv) the Pool Balance; (xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and (xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement. (b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following: (i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07; (ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02; (iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information: (A) its Contract Number; (B) the effective date as of which such Contract became a Liquidated Contract; (C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and (D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds; (iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information: (A) its Contract Number; and (B) the date of such Full Prepayment; (v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period; (vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer; (vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods; (viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement; (ix) during the Funding Period, the remaining balance in the Prefunding Account; and (x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 6 contracts
Sources: Sale and Servicing Agreement (Onyx Acceptance Financial Corp), Sale and Servicing Agreement (Onyx Acceptance Financial Corp), Sale and Servicing Agreement (Onyx Acceptance Financial Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENT") setting forth with respect to the next succeeding Distribution Date:
(i) the Certificate Interest Distributable Amount and the Note Interest Distributable Amount for such Distribution Date;
(ii) the Certificate Principal Distributable Amount and the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Certificate Distributable Amount and the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall, Note Principal Carryover Shortfall, Certificate Interest Carryover Shortfall and Note Certificate Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;; and
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;; and
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 3 contracts
Sources: Sale and Servicing Agreement (Onyx Acceptance Financial Corp), Sale and Servicing Agreement (Onyx Acceptance Financial Corp), Sale and Servicing Agreement (Onyx Acceptance Financial Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENTDistribution Date Statement") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 3 contracts
Sources: Sale and Servicing Agreement (Onyx Acceptance Financial Corp), Sale and Servicing Agreement (Onyx Acceptance Financial Corp), Sale and Servicing Agreement (Onyx Acceptance Financial Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the The Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) to the IssuerSPV, the Trust Agent, Issuer and the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENT") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such Distribution Date and the portion or any subsequent holder or pledgee of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before Sold SUBI Certificates all reports and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, other documents required to be made from delivered to the Spread Account by the Indenture Origination Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee Agreement concurrently with respect their delivery to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Origination Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Determination Date, the Servicer shall deliver to the IssuerOrigination Trustee, SPV, the Trust Agent, Issuer and the Indenture Trustee and the Insurer each Rating Agency, a report, certificate of an Authorized Officer in respect of the immediately preceding Collection PeriodMonthly Period with respect to each Series of Investor Notes (each a "Settlement Statement") substantially in the form attached to the related Indenture Supplement.
(c) Prior to 1:00 p.m. (New York City time), on each Deposit Date, the Servicer shall deliver to the Origination Trustee, SPV, the Issuer and the Indenture Trustee, a Deposit Report, setting forth the following:aggregate amount of Collections deposited in the Collection Account on such Deposit Date.
(d) Within ten Business Days of the last Business Day of each fiscal quarter of the Issuer, the Servicer shall deliver to the Origination Trustee, SPV, the Issuer and the Indenture Trustee a copy of a Quarterly Compliance Certificate of an Authorized Officer, substantially in the form of Exhibit B, dated as of the end of the preceding fiscal quarter, stating that (i) review of the aggregate amount, if any, paid by or due from it for the purchases activities of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
fiscal quarter (iii) with respect to each Contract that became a Liquidated Contract during the Collection Periodor, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution such certificate, from the Initial Closing Date); and
) and of its performance under this Agreement has been under such Authorized Officer's supervision and (Dii) if less than 100% to the best of the outstanding principal balance of and accrued and unpaid interest was recovered such Authorized Officer's knowledge, based on such Liquidated Contractreview, the amount Servicer has fulfilled all its obligations in all material respects under this Agreement, throughout such fiscal quarter or, if there has been a default in any material respect in the fulfillment of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to any such obligation, specifying each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior default known to such Servicer Report Date officer and the cumulative amount of Net Liquidation Proceeds nature and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if anystatus thereof.
Appears in 3 contracts
Sources: Servicing Agreement (Greyhound Funding LLC), Transfer Agreement (Greyhound Funding LLC), Sold Subi Supplement to Servicing Agreement (Fah Co Inc)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENT"“Distribution Date Statement”) setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such Distribution Date and the portion of Amount, the Note Targeted Principal Distributable Amount, if any, constituting and the Accelerated Principal Distributable Note Parity Deficit Amount, if any, for such Distribution Date;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts amount from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim AmountInsured Payment, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balancenumber and net outstanding balance of Contracts that have been repurchased pursuant to Section 2.03 or purchased pursuant to Section 3.06;
(xvi) the Pool Balance and the Note Pool Factor for each Class of Notes as of such Distribution Date after giving effect to the distributions made on such Distribution Date;
(xvii) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and;
(xviixviii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any; and
(xix) a limited cash reconciliation of the Collection Account. Each such Distribution Date Statement shall be accompanied by an Officers' ’ Certificate of the Servicer, which Officers' ’ Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any[RESERVED].
Appears in 2 contracts
Sources: Sale and Servicing Agreement (Onyx Acceptance Owner Trust 2005-B), Sale and Servicing Agreement (Onyx Acceptance Owner Trust 2005-A)
Reporting by the Servicer. (a) No later than 3:00 p.m. 12:00 P.M. (New York City time time) on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier courier, personal delivery or personal deliverysuch other format mutually agreed to by the Issuer, the Indenture Trustee and the Insurer) to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENTDistribution Date Statement") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Principal Distributable Amount for such Distribution Date;
(ii) the Note Principal Interest Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable AmountDate;
(iii) the Note Distributable Amount aggregate distribution amount for such Distribution Date;
(iv) the Insurance Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee paid to the Servicer with respect to the related Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, Trustee and the Indenture Trustee and Trust Agent with respect to the related Collection PeriodPeriod to the extent paid from Available Funds pursuant to Section 4.03;
(ix) the amount of any Note Interest Carryover Shortfall and or Note Principal Carryover Shortfall on such Distribution Date Date, the Insured Payment required to pay any shortfall; and the change in such shortfall amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the related Contracts which are delinquent as of the end of the related Collection Period Period, presented on a 30-dayin increments of 31 to 60 days, 60-day 61 to 90 days, 91 to 120 days and 90-day basis121 days or more;
(xi) the Net Collections Available Funds and the Policy Claim AmountInsured Payment, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xvxiv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xviixv) The Spread Account Required Amount for the Mandatory Partial Redemption such Distribution Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, no later than 12:00 P.M. New York Time, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it or the Seller for the purchases or repurchases of Contracts which the Seller Servicer or the Servicer Seller has become obligated to purchase or repurchase or purchase pursuant to Sections 2.03 3.06 or 3.072.03;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of all Contracts which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was were the subject of a Full Prepayment during such Collection Period, the following information:
(A) its the related Contract Number; and
(B) the date date(s) of such Full Prepayment;
(viv) the Contract Numbers, Monthly P&IScheduled Payment, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(viv) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;; and
(viivi) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Auto Nations Receivables Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) transmit to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENTDistribution Date Statement") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount Distribution for such Distribution Date;
(ii) the Note Principal Distributable Amount Distribution for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable AmountDate;
(iii) the Note Distributable Certificate Distribution Amount for such Distribution Date;
(iv) the Premium payable to the InsurerInsurer and the amount to be deposited in the Spread Account;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(xvi) the number of, and aggregate amount of, of monthly principal and interest payments due on on, the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xivii) the Net Collections Collection Account Amount Available and the Policy Claim Amount, if any, for such Distribution Date;
(xiiviii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiiiix) the net credit losses and Cram Down Losses for the Collection Period;
(xivx) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xvxi) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xviixii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amountamount of claims, if any, made on the Surety Bond. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver render to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 2.3 or 3.073.7;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.024.1) after giving effect to all permitted deductions therefrom pursuant to Section 4.024.2;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Scheduled Balance as of the close of business on the last day of the preceding Collection Period prior Distribution Date (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Scheduled Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;; and
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Onyx Acceptance Grantor Trust 1997-3)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on The Servicer shall deliver to the Indenture Trustee all reports and other documents required to be delivered to the Origination Trustee pursuant to the Servicing Agreement (including Section 3.01 thereof) concurrently with their delivery to the Origination Trustee.
(b) On or prior to each Servicer Report Determination Date and each Transfer Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) cause to be delivered to the Issuer, the Trust Agent, Origination Trustee and the Indenture Trustee a revised Schedule of Leases and Leased Vehicles, containing data as of the last day of the prior Collection Period (in the case of each Determination Date) or as of the related Subsequent Cutoff Date (in the case of each Transfer Date), and which shall contain in addition to the data required by the definition of the term "Schedule of Leases and Leased Vehicles" an identification of all Leases and Leased Vehicles that are 1997-B Leases and 1997-B Leased Vehicles, the Discounted Principal Balance of each 1997-B Lease and the Insurer a statement (the "DISTRIBUTION DATE STATEMENT") setting forth with respect related Cutoff Date for each 1997-B Lease, and on or prior to each Determination Date, shall cause to be delivered to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Origination Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on each Rating Agency a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account certificate in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited "Servicer's Certificate") substantially in the Payahead Account pursuant form attached as Exhibit B (and setting forth such additional information as requested by each Rating Agency from time to Section 4.02time which information the Servicer is able to reasonably provide), containing all information necessary to make the distributions required by Sections 9.02(f) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iiihereof, 12.01(c) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day 1997-B SUBI Supplement, 3.03 of the preceding Collection Period (or as Securitization Trust Agreement and Section 8.02(b) of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately preceding such Determination Date. On or prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Deposit Date, the Mandatory Partial Redemption AmountServicer shall cause to be delivered to the Indenture Trustee the statement required by Section 3.06(a) of the Securitization Trust Agreement. Within the time required by Section 3.06(b) of the Securitization Trust Agreement, if anythe Servicer shall cause to be delivered to the Indenture Trustee the statements required by that Section. Any Noteholder or Note Owner may obtain a copy of a Servicer's Certificate upon written request.
Appears in 1 contract
Sources: Servicing Agreement (World Omni Lease Securitization L P /De/)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENT") setting forth with respect to the next succeeding Distribution Date:
(i) the Certificate Interest Distributable Amount, the Class A Note Interest Distributable Amount and the Class I Note Interest Distributable Amount for such Distribution Date;
(ii) the Certificate Principal Distributable Amount and the Class A Note Principal Distributable Amount for such Distribution Date and the portion of the Class A Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Certificate Distributable Amount and the Class A Note Distributable Amount for such Distribution Date;
(iv) the Notional Principal Amount on which the Class I Note Interest Distributable Amount will be calculated on the next succeeding Distribution Date (after giving effect to any application of the Regular Principal Distributable Amount required to be made on such date);
(v) the Premium payable to the Insurer;
(vvi) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vivii) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(viiviii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viiiix) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ixx) the amount of any Class A Note Interest Carryover Shortfall, Class I Note Interest Carryover Shortfall, Class A Note Principal Carryover Shortfall, Certificate Interest Carryover Shortfall and Note Certificate Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(xxi) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the -43- 48 end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xixii) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date;
(xiixiii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiiixiv) the net credit losses and Cram Down Losses for the Collection Period;
(xivxv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;; and
(xvxvi) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;; and
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) to the Issuer, the Trust Agent, the Indenture Trustee Trustee, the Backup Servicer and the Insurer a statement (the "DISTRIBUTION DATE STATEMENTDistribution Date Statement") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Backup Servicer, the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Insured Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and;
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any; and
(xviii) a limited cash reconciliation of the Collection Account. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee Trustee, the Backup Servicer and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;; -52-
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. 12:00 P.M (New York City time time) on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier courier, personal delivery or personal deliverysuch other format mutually agreed to by the Issuer, the Indenture Trustee and the Insurer) to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENTDistribution Date Statement") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Principal Distributable Amount for such Distribution Date;
(ii) the Note Principal Interest Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable AmountDate;
(iii) the Note Distributable Amount aggregate distribution amount for such Distribution Date;
(iv) the Insurance Premium payable to the Insurer;
(v) the amount to be on deposit in deposited into the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee paid to the Servicer with respect to the related Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, Trustee and the Indenture Trustee and Trust Agent with respect to the related Collection PeriodPeriod to the extent paid from Available Funds pursuant to Section 4.03;
(ix) the amount of any Note Interest Carryover Shortfall and or Note Principal Carryover Shortfall on such Distribution Date Date, the Insured Payment required to pay any shortfall; and the change in such shortfall amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the related Contracts which are delinquent as of the end of the related Collection Period presented on a in 30-day, 60-day and 90-day basisincrements;
(xi) the Net Collections Available Funds and the Policy Claim AmountInsured Payment, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;; and
(xvxiv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, no later than 12:00 P.M. New York Time, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it or the Seller for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of all Contracts which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was were the subject of a Full Prepayment during such Collection Period, the following information:
(A) its the related Contract Number; and
(B) the date dates of such Full Prepayment;
(viv) the Contract Numbers, Monthly P&IScheduled Payment, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(viv) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;; and
(viivi) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Auto Nations Receivables Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) to the Issuer, the Trust Agent, the Indenture Trustee Trustee, the Backup Servicer and the Insurer a statement (the "DISTRIBUTION DATE STATEMENTDistribution Date Statement") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Insured Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and;
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any; and
(xviii) a limited cash reconciliation of the Collection Account. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee Trustee, the Backup Servicer and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on On or prior to the 25th day of each calendar month, the Servicer Report shall cause to be delivered to the Titling Trustee a report in respect of the prior calendar month, setting forth (i) any information relating to the 1998-B Contracts or the related Leased Vehicles that normally would be available from a servicer of closed-end automobile and light-duty truck leases and is reasonably requested by the Titling Trustee and (ii) if required, any additional information required by the terms of any Securitized Financing, and (iii) deliver such other reports, Officer's Certificates or certificates from other authorized signatories as may be necessary pursuant to this 1998-B SUBI Servicing Supplement to document to the 1998-B Securitization Trustee the Servicer's right to any further reimbursement of unreimbursed Servicer Expenses.
(b) On or prior to each Determination Date and each Transfer Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) cause to be delivered to the Issuer, the Trust Agent, the Indenture Titling Trustee and the Insurer 1998-B Securitization Trustee a statement (the "DISTRIBUTION DATE STATEMENT") setting forth with respect supplement to the next succeeding Distribution Schedule of 1998-B Contracts and 1998-B Leased Vehicles containing data reflecting the addition or removal of 1998-B Contracts or 1998-B Leased Vehicles from the 1998-B SUBI Portfolio as of the first day of the current Collection Period (in the case of each Determination Date:
) or as of the related Subsequent Cutoff Date (i) in the Note Interest Distributable Amount for case of each Transfer Date). Any such Distribution Date;
(ii) supplement shall contain, in addition to the Note data required by the definition of the term "Schedule of Contracts and Leased Vehicles", an identification of the Discounted Principal Distributable Amount for such Distribution Date Balance of each 1998-B Contract added or removed. Such reports will be delivered by the Servicer to the 1998-B Securitization Trustee and the portion Luxembourg Stock Exchange, at such times as set forth in Section 3.03 of the Note Principal Distributable Amount1998-B Securitization Trust Agreement and will be made available at the offices of each Paying Agent. In addition, if anythe Servicer shall, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount for such Distribution on or prior to each Determination Date;
(iv) the Premium payable , cause to be delivered to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Titling Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date 1998-B Securitization Trustee, each Rating Agency, and the change Luxembourg Stock Exchange a certificate in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate name of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid executed by an officer or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account authorized signatory therefor in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited "Servicer's Certificate") substantially in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
form attached hereto as Exhibit B (iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date and setting forth such additional information as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by each Rating Agency from time to time and which information the Owner TrusteeServicer is able to reasonably provide), containing all information necessary to make the allocations and applications or payments required by the 1998-B Securitization Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account Agreement in respect of the Collection Period ending immediately prior preceding such Determination Date, including the information needed to such Servicer Report Date and prepare the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end statement required by Section 3.03 of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.1998-B
Appears in 1 contract
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) to the Issuer, the Trust Agent, the Indenture Trustee Trustee, the Backup Servicer and the Insurer a statement (the "DISTRIBUTION DATE STATEMENTDistribution Date Statement") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such Distribution Date and the portion of Amount, the Note Targeted Principal Distributable Amount, if any, constituting and the Accelerated Principal Distributable Note Parity Deficit Amount, if any, for such Distribution Date;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Backup Servicer, the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts amount from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Insured Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool BalanceBalance and the Note Pool Factor for each Class of Notes as of such Distribution Date after giving effect to the distributions made on such Distribution Date;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and;
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any; and
(xviii) a limited cash reconciliation of the Collection Account. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee Trustee, the Backup Servicer and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on On each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) transmit to the IssuerPurchaser, the Trust AgentBackup Servicer, the Indenture Trustee Agents and the Insurer Administrative/Collateral Agent a statement in the form and substance acceptable to the Required Lenders (the "DISTRIBUTION DATE STATEMENT") “Distribution Date Statement”), setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such that Distribution Date and such information as the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this AgreementLenders may reasonably request.
(b) Upon the pledge by the Purchaser of the Contracts pursuant to the Receivables Financing Agreement, the Servicer agrees that the Administrative/Collateral Agent will become the third party beneficiary to this Agreement and the Servicer agrees to furnish to the Administrative/Collateral Agent the Distribution Date Statement.
(c) On each Servicer Report Date, the Servicer shall deliver or mail to the IssuerPurchaser, the Trust Backup Servicer, the Agents and the Administrative/Collateral Agent, the Indenture Trustee and the Insurer a report, in respect certificate of the immediately preceding Collection Period, setting forth the following:
a Servicing Officer stating (i) the aggregate amount, if any, paid by or due from it for the purchases Contract Number and outstanding principal balance of Contracts which the Seller or the Servicer each Contract that has become obligated to repurchase or purchase a Liquidated Contract since the Business Day next preceding the date of the last certificate delivered pursuant to Sections 2.03 this subsection (or 3.07;
since the Closing Date in the case of the first such certificate); (ii) that all proceeds received in respect of such Contract during the net amount Collection Period preceding the date of funds which the report have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to as required by Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
5.01; (iii) with respect to each Contract that became a Liquidated Contract during the Collection Periodthat, the following information:
(A) its Contract Number;
(B) the effective date as of which if such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was has been the subject of a Full Prepayment pursuant to clause (i) of the definition of the term “Full Prepayment” or is a Liquidated Contract pursuant to clause (iii) of the definition of the term “Liquidated Contract,” all proceeds received in respect thereof during such the Collection Period, the following information:
(A) its Contract Number; and
(B) Period preceding the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which report have been deposited in or credited to the Collection Account in respect accordance with Section 5.01; (iv) that, if such Contract has been the subject of a Full Prepayment pursuant to clause (ii) of the definition of the term “Full Prepayment,” during the Collection Period ending immediately prior to such Servicer Report Date and preceding the cumulative amount date of Net Liquidation Proceeds and Net Insurance Proceeds the report the correct Repurchase Amount has been deposited in or credited to the Collection Account in accordance with Section 4.07 or 5.03; (v) that, if such Contract is a Liquidated Contract pursuant to clause (ii) of the definition of the term “Liquidated Contract,” during the Collection Period preceding the date of the report there have been deposited in or credited to the Collection Periods;
Account the related Net Liquidation Proceeds in accordance with Section 5.01; (viiivi) with respect to each Distribution Date during and immediately following the current Aggregate Principal Balance as of the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period preceding the date of the report; (vii) the total dollar amount of charged-off Contracts during the Collection Period preceding the date of the report; (viii) the total dollar amount of delinquent Contracts as of the end of the Collection Period preceding the date of the report ; and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, total dollar amount of all Contracts in respect of which the remaining balance in related Financed Vehicles have been repossessed but have not been liquidated as of the Prefunding Account; and
(x) for end of the Mandatory Partial Redemption Date, Collection Period preceding the Mandatory Partial Redemption Amount, if anydate of the report.
Appears in 1 contract
Sources: Sale and Servicing Agreement (United Pan Am Financial Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) transmit to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENTDistribution Date Statement") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount Distribution for such Distribution Date;
(ii) the Note Principal Distributable Amount Distribution for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable AmountDate;
(iii) the Note Distributable Certificate Distribution Amount for such Distribution Date;
(iv) the Premium payable to the InsurerInsurer and the amount to be deposited in the Spread Account;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(xvi) the number of, and aggregate amount of, of monthly principal and interest payments due on on, the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xivii) the Net Collections Collection Account Amount Available and the Policy Claim Amount, if any, for such Distribution Date;
(xiiviii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiiiix) the net credit losses and Cram Down Losses for the Collection Period;
(xivx) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;; and
(xvxi) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver render to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 2.3 or 3.073.7;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.024.2) after giving effect to all permitted deductions therefrom pursuant to Section 4.024.2;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Scheduled Balance as of the close of business on the last day of the preceding Collection Period relating to the prior Distribution Date (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Scheduled Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;; and
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Onyx Acceptance Grantor Trust 1998-1)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) to the Issuer, the Trust Agent, the Indenture Trustee Trustee, the Backup Servicer and the Insurer a statement (the "DISTRIBUTION DATE STATEMENTDistribution Date Statement") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Backup Servicer, the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Insured Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and;
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any; and
(xviii) a limited cash reconciliation of the Collection Account. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee Trustee, the Backup Servicer and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENT") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
; -48- 53 (xi) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the The Servicer shall deliver (by telexprovide, facsimileor cause to be provided, electronic transmissionas applicable, first class mail, overnight courier or personal delivery) to the Issuer, the Trust Agent, the Indenture Trustee relevant Originator and the Insurer a statement (the "DISTRIBUTION DATE STATEMENT") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth Participant the following:
(i) the aggregate amountNo later than 8:30 a.m. Eastern time on each Business Day, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
report setting forth (A) its Contract Number;
the aggregate amount of collections processed by Servicer on the immediately preceding Business Day and the Originator’s and each Participant’s share thereof, (B) the effective date as number of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance aggregate amount outstanding of HSBC RALs and HSBC IMAs as of the close of business on the last immediately preceding Business Day and the relevant Originator’s and each Participant’s share thereof, and (C) the number and principal amount of HSBC RALs and HSBC IMAs funded by such Originators on the immediately preceding Business Day on a “checks cleared” basis and such Originators’ and each Participant’s share of collections related thereto;
(ii) On the second Business Day following December 15 of each Tax Year, estimates (based upon information available as of December 15 of such Tax Year) of (a) the IRS Collections Percentage with respect to such Tax Year and the Defaulted RAL/IMA Collection Fee Credit, and (b) the HSBC Servicing Fee and the Block Servicing Fee for the related Calculation Period, along with supporting data, documentation and computations for each such estimate;
(iii) On the second Business Day following the conclusion of each Tax Year, its determination (as of the end of such Tax Year) of (a) the IRS Collections Percentage with respect to such Tax Year and the Defaulted RAL/IMA Collection Fee Credit, and (b) the HSBC Servicing Fee and the Block Servicing Fee for the related Calculation Period, along with supporting data, documentation and computations for each such determination;
(iv) Unless a Type II SAS 70 report (or any equivalent thereof or successor thereto) has been previously delivered pursuant to Section 6.10 of the Retail Distribution Agreement in the then-current calendar year, on the thirtieth (30th) day of the preceding Collection Period (or as second month immediately following the end of each of the Closing Date Originator’s and Servicer’s fiscal year, as applicable, a report prepared by a nationally recognized independent accounting firm regarding its evaluation of the Originator’s or Servicer’s, as applicable, internal accounting controls relative to its respective obligations under the Program Contracts with respect to the Settlement Products, such report including an opinion (assuming the accuracy of any reports generated by the agents of Originator or Servicer, as applicable) of such accounting firm that the systems of internal accounting controls of the Originator or the Servicer, as applicable, in effect on the day set forth in the case report were sufficient for the prevention and detection of errors for such exceptions, errors or irregularities as such firm shall believe to be immaterial to the financial statements of the first Distribution DateOriginator or the Servicer, as applicable, and such other exceptions, errors or irregularities as shall be set forth in such report; provided, however, that the HSBC Companies and the Block Companies shall split equally expenses incurred by the HSBC Companies in connection with the preparation of any such reports; provided, further, that the Block Companies’ portion of such expenses shall not exceed Fifty Thousand Dollars ($50,000) in any year of the Term of this Servicing Agreement;
(v) At the request of any Participant (but not more often than annually), on or before June 30 of each year, a special report that the Servicer shall obtain from its independent certified public accountants (in such form and subject to such assumptions, limitations and qualifications as such accountants generally require for special reports of such type) that shall in effect state that the amounts calculated for the Servicer’s Block Servicing Fee, the HSBC Servicing Fee, the IRS Collections Percentage, the Defaulted RAL/IMA Collection Fee Percentage and the Defaulted RAL/IMA Collection Fee Credit for the previous Calculation Period or Tax Year, as applicable, under Article V hereof are in compliance with the terms of this Servicing Agreement or stating the nature of any variance from the terms of this Servicing Agreement, provided, that each requesting Participant and the Servicer shall share the cost of such report equally (with each such Participant reimbursing the Servicer for such Participant’s share such cost); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other Any statement, report or information relating to the Contracts reasonably requested by the Owner TrusteeOriginator or any Participant; provided, however, that the Servicer shall not be required to provide copies of any statement, report or information requested by, or provided to, any applicable regulatory agency; provided, further, that the preceding proviso shall not preclude the provision of the same or similar information to the extent that the request therefor is not specifically framed in the context of responses to requests of applicable regulatory agencies.
(b) Unless otherwise specifically stated herein, if the Servicer is required to deliver any statement, report or information under any provision of this Servicing Agreement, the Trust AgentServicer shall satisfy such obligation by delivering such statement, the Indenture Trustee report or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited information in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if anya commonly used electronic format.
Appears in 1 contract
Sources: HSBC Settlement Products Servicing Agreement (H&r Block Inc)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on On the 18th day of each Servicer Report Datemonth (or, if such day is not a Business Day, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENT") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(bpreceding Business Day);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee Issuer and the Insurer Trustee with a reportcopy to the Rating Agencies, in respect of the immediately preceding Collection Period, a report setting forth the followingfollowing information as of the end of the preceding day:
(i) the aggregate amount, if any, paid The total amount of funds received by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated and credited to repurchase or purchase pursuant to Sections 2.03 or 3.07the Collection Account;
(ii) The aggregate outstanding principal balance of all of the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02Eligible Mortgage Notes;
(iii) with respect to each Contract that became a Liquidated Contract during The weighted average coupon, weighted average maturity and outstanding principal balance of the Collection PeriodEligible Mortgage Notes, the following informationgrouped as follows:
(A) its Contract Number;for the Fixed Rate Mortgage Notes, by the following ranges of original term to maturity:
(B1) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (15 years or as of the Closing Date in the case of the first Distribution Date)less; and
(D2) if less greater than 100% of the outstanding principal balance of 15 years and accrued up to and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Numberincluding 30 years; and
(B) for the date of such Full Prepayment;
(v) the Contract NumbersAdjustable Rate Mortgage Notes, Monthly P&Iby index and, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested for each index, by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect length of the Collection Period ending immediately prior to such Servicer Report Date initial fixed rate period and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end length of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Accountsubsequent adjustable rate period; and
(xiv) for the Mandatory Partial Redemption DateWith respect to Eligible Mortgage Notes as to which there is currently a Late Payment, the Mandatory Partial Redemption Amountnumber and outstanding principal balance of such Eligible Mortgage Notes, grouped in accordance with clause (iii) above, that are (A) one installment delinquent, (B) two installments delinquent, (C) three installments delinquent and (D) more than three installments delinquent.
(b) In addition, the report delivered by the Servicer on the 18th day of each month (or if anysuch day is not a Business Day, the preceding Business Day) shall contain the information set forth in Exhibit B attached hereto.
Appears in 1 contract
Sources: Servicing Agreement (Main Place Real Estate Investment Trust /Md/)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) to the Issuer, the Trust Agent, the Indenture Trustee Trustee, the Back-up Servicer and the Insurer a statement (the "DISTRIBUTION DATE STATEMENTDistribution Date Statement") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and;
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any; and
(xviii) a limited cash reconciliation of the Collection Account. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee Trustee, the Back-up Servicer and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)
Reporting by the Servicer. (a) No Not later than 3:00 p.m. New York City time 11:00 am on the third Business Day preceding each Servicer Report Date, the Servicer shall transmit the information specified below to the Servicing Advisor. Not later than 11:00 am on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) transmit to the Issuer, the Trust AgentCredit Enhancer, the Paying Agent and the Indenture Trustee and, upon written request, to any Securityholder having an initial Aggregate Principal Amount or initial notional amount of at least $10,000,000, and upon receipt the Insurer Indenture Trustee shall forward to the Rating Agencies a statement certificate (the "DISTRIBUTION DATE STATEMENTServicer's Certificate") setting forth with the following information in respect to of the next succeeding Distribution DateLoans:
(i) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee except with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trusteeprepaid, repurchased and Defaulted Loans, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.025.2(b) after giving effect of the Indenture as of the immediately preceding Accounting Date with respect to all permitted deductions therefrom pursuant payments due in the preceding Due Period in respect of the Loans together with a breakdown of such total amount by categories (i.e., Loan Payments (including the components thereof), Early Payments, Insurance Proceeds, Condemnation Proceeds and Recoveries), and (ii) with respect to Section 4.02Prepayment Amounts received during the preceding Due Period, the Servicer's Certificate shall set forth with respect to each prepaid, repurchased and Defaulted Loan: (x) the Borrower, loan number, and stated Loan maturity; (y) the date of such Prepayment; and (z) the Prepayment Amount received, specifying the components thereof;
(iii2) the information required by, and in the format specified in, Section 5.6 of the Indenture;
(3) with respect to each Contract Loan that became a Liquidated Contract Defaulted Loan during the Collection preceding Due Period or remains a Defaulted Loan as of the last day of the preceding Due Period, the following information:
(Ai) its Contract NumberBorrower, loan number and stated Loan maturity;
(Bii) the effective date as of which such Contract Loan became a Liquidated ContractDefaulted Loan;
(Ciii) its Monthly P&I and Principal Balance the Prepayment Amount for such Defaulted Loan, specifying the components thereof;
(iv) the amount of any Recoveries with respect to such Defaulted Loan;
(v) the cumulative amount of Recoveries for all Defaulted Loans deposited in the Collection Account for all prior Due Periods; and
(vi) whether a Net Loss Condition has occurred;
(4) with respect to each Loan that was a Delinquent Loan as of the close preceding Accounting Date:
(i) its Borrower, loan number, and stated Loan maturity;
(ii) the effective date as of business on which such Loan became a Delinquent Loan;
(iii) the last day amount of Loan Payments which have not been received with respect to such Delinquent Loan; and
(iv) whether a Delinquency Condition has occurred;
(5) the related Note Rates;
(6) with respect to each Loan, the Class A-1 Scheduled Principal Portion and the Class A-2 Scheduled Principal Portion; and
(7) whether a Restricting Event has occurred.
(b) On or before 60 days after the end of each year beginning with the quarter ending March 31, 1998, the Servicer shall deliver an Officer's Certificate to the Servicing Advisor, the Issuer, the Indenture Trustee and the Credit Enhancer to the effect that a review of the activities of the Servicer during the Servicer's preceding Collection Period fiscal year (or as of since the Closing Date in the case of the first Distribution Date); and
(Dsuch Officer's Certificate required to be delivered) if less than 100% has been made under the supervision of the outstanding principal balance officers executing such Officer's Certificate with a view to determining whether during such period the Servicer has performed and observed all of its obligations under this Agreement, and accrued either stating that to the best of their knowledge no default by the Servicer, under this Agreement has occurred and unpaid interest was recovered on is continuing, or if such Liquidated Contracta default has occurred and is continuing, specifying such default and the amount of nature and status thereof. The Servicing Advisor shall be required to deliver an Officer's Certificate at the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) same time to the same parties and to the same effect with respect to each Contract which was its activities.
(c) The Servicer and the subject of a Full Prepayment during Servicing Advisor will provide any such Collection Periodinformation relating to the Loans and the Notes as the Credit Enhancer shall reasonably request in writing.
(d) In accordance with the servicing standards described in Section 2.11(a), the following information:
(A) Servicing Advisor shall perform its Contract Number; and
(B) semi-annual review of each Borrower's compliance with its Unit FCR covenants, and shall provide the date Servicer, the Indenture Trustee and the Credit Enhancer with copies of the results of such Full Prepayment;
review within five (v5) Business Days of completion and the Contract NumbersServicing Advisor shall include with such information a list of the Loans on either the Servicer's credit watch or audit warning list as of such date. With respect to any Borrower that is in breach of its Unit FCR, Monthly P&Ithe Servicer shall provide the Loan number(s) and Remaining Payments for such Loan(s), Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts Loans reasonably requested by the Owner Trustee, the Trust AgentIssuer, the Indenture Trustee or the Insurer;Credit Enhancer.
(viie) The Servicer shall send the amount Servicing Advisor, the Indenture Trustee and the Credit Enhancer a copy of Net Liquidation Proceeds any default notices sent by the Servicer to any Borrower.
(f) The Servicer shall send the Indenture Trustee such other information concerning the Loans as the Indenture Trustee shall reasonably request in writing from time to time as necessary to perform the Indenture Trustee's obligations under the Indenture.
(g) Commencing not later than June 1997, the Servicer shall provide the Indenture Trustee with monthly Loan information on Loan-by-Loan basis in an electronic form to be agreed upon by the Servicer and Net Insurance Proceeds Indenture Trustee and which have been deposited in or credited shall be reasonably acceptable to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date Credit Enhancer and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if anyIssuer.
Appears in 1 contract
Sources: Servicing and Custodial Agreement (Atherton Capital Inc)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) transmit to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENTDistribution Date Statement") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount Distribution for such Distribution Date;
(ii) the Note Principal Distributable Amount Distribution for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable AmountDate;
(iii) the Note Distributable Certificate Distribution Amount for such Distribution Date;
(iv) the Premium payable to the InsurerInsurer and the amount to be deposited in the Spread Account;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(xvi) the number of, and aggregate amount of, of monthly principal and interest payments due on on, the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xivii) the Net Collections Collection Account Amount Available and the Policy Claim Amount, if any, for such Distribution Date;
(xiiviii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiiiix) the net credit losses and Cram Down Losses for the Collection Period;
(xivx) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xvxi) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xviixii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amountamount of claims, if any, made on the Surety Bond. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver render to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 2.3 or 3.073.7;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.024.1) after giving effect to all permitted deductions therefrom pursuant to Section 4.024.2;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Scheduled Balance as of the close of business on the last day of the preceding Collection Period prior Distribution Date (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Onyx Acceptance Financial Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENT") setting forth with respect to the next succeeding Distribution Date:
(i) the Certificate Interest Distributable Amount and the Note Interest Distributable Amount for such Distribution Date;
(ii) the Certificate Principal Distributable Amount and the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Certificate Distributable Amount and the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall, Note Principal Carryover Shortfall, Certificate Interest Carryover Shortfall and Note Certificate Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on On the 18th day of each Servicer Report Datemonth (or, if such day is not a Business Day, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENT") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(bpreceding Business Day);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee Issuer and the Insurer Trustee with a reportcopy to the Rating Agencies, in respect of the immediately preceding Collection Period, a report setting forth the followingfollowing information as of the end of the preceding day:
(i) the aggregate amount, if any, paid The total amount of funds received by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated and credited to repurchase or purchase pursuant to Sections 2.03 or 3.07the Collection Account;
(ii) The aggregate outstanding principal balance of all of the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02Eligible Mortgage Loans;
(iii) with respect to each Contract that became a Liquidated Contract during The weighted average coupon, weighted average maturity and outstanding principal balance of the Collection PeriodEligible Mortgage Loans, the following informationgrouped as follows:
(A) its Contract Number;for the Fixed Rate Mortgage Loans, by the following ranges of original term to maturity:
(B1) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (15 years or as of the Closing Date in the case of the first Distribution Date)less; and
(D2) if less greater than 100% of the outstanding principal balance of 15 years and accrued up to and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Numberincluding 30 years; and
(B) for the date of such Full Prepayment;
(v) the Contract NumbersAdjustable Rate Mortgage Loans, Monthly P&Iby index and, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested for each index, by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect length of the Collection Period ending immediately prior to such Servicer Report Date initial fixed rate period and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end length of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Accountsubsequent adjustable rate period; and
(xiv) for the Mandatory Partial Redemption DateWith respect to Eligible Mortgage Loans as to which there is currently a Late Payment, the Mandatory Partial Redemption Amountnumber and outstanding principal balance of such Eligible Mortgage Loans, grouped in accordance with clause (iii) above, that are (A) one installment delinquent, (B) two installments delinquent, (C) three installments delinquent and (D) more than three installments delinquent.
(b) In addition, the report delivered by the Servicer on the 18th day of each month (or if anysuch day is not a Business Day, the preceding Business Day) shall contain the information set forth in Exhibit B attached hereto.
Appears in 1 contract
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENT") setting forth with respect to the next succeeding Distribution Date:
(i) the Certificate Interest Distributable Amount and the Note Interest Distributable Amount for such Distribution Date;
(ii) the Certificate Principal Distributable Amount and the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, thereof constituting the Accelerated Principal Distributable Amount;
(iii) the Certificate Distributable Amount and the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall, Note Principal Carryover Shortfall, Certificate Interest Carryover Shortfall and Note Certificate Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the -42- 47 end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;; and
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;; and
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. 12:00 P.M. (New York City time time) on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier courier, personal delivery or personal deliverysuch other format mutually agreed to by the Issuer, the Indenture Trustee and the Insurer) to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENTDistribution Date Statement") setting forth with respect to the next succeeding --------------------------- Distribution Date:
(i) the Note Principal Distributable Amount for such Distribution Date;
(ii) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount aggregate distribution amount for such Distribution Date;
(iv) the Insurance Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee paid to the Servicer with respect to the related Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, Trustee and the Indenture Trustee and Trust Agent with respect to the related Collection PeriodPeriod to the extent paid from Available Funds pursuant to Section 4.03;
(ix) the amount of any Note Interest Carryover Shortfall and or Note Principal Carryover Shortfall on such Distribution Date Date, the Insured Payment required to pay any shortfall; and the change in such shortfall amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the related Contracts which are delinquent as of the end of the related Collection Period Period, presented on a 30-dayin increments of 31 to 60 days, 60-day 61 to 90 days, 91 to 120 days and 90-day basis121 days or more;
(xi) the Net Collections Available Funds and the Policy Claim AmountInsured Payment, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xvxiv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xviixv) The Spread Account Required Amount for the Mandatory Partial Redemption such Distribution Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, no later than 12:00 P.M. New York Time, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it or the Seller for the purchases or repurchases of Contracts which the Seller Servicer or the Servicer Seller has become obligated to purchase or repurchase or purchase pursuant to Sections 2.03 3.06 or 3.072.03;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of all Contracts which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was were the subject of a Full Prepayment during such Collection Period, the following information:
(A) its the related Contract Number; and
(B) the date date(s) of such Full Prepayment;
(viv) the Contract Numbers, Monthly P&IScheduled Payment, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(viv) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;; and
(viivi) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Auto Nations Receivables Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) transmit to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENTDistribution Date Statement") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount Distribution for such Distribution Date;
(ii) the Note Principal Distributable Amount Distribution for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable AmountDate;
(iii) the Note Distributable Certificate Distribution Amount for such Distribution Date;
(iv) the Premium payable to the InsurerInsurer and the amount to be deposited in the Spread Account;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(xvi) the number of, and aggregate amount of, of monthly principal and interest payments due on on, the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xivii) the Net Collections Collection Account Amount Available and the Policy Claim Amount, if any, for such Distribution Date;
(xiiviii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiiiix) the net credit losses and Cram Down Losses for the Collection Period;
(xivx) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;; and
(xvxi) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver render to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 2.3 or 3.073.7;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.024.2) after giving effect to all permitted deductions therefrom pursuant to Section 4.024.2;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Scheduled Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
and 41 (D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Scheduled Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;; and
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Onyx Acceptance Financial Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) transmit to the Issuer, the Trust AgentOwner Trustee, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENT") setting forth with respect to the next succeeding Distribution Date:
(i) the Certificate Interest Distributable Amount and the Note Interest Distributable Amount for such Distribution Date;
(ii) the Certificate Principal Distributable Amount and the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, thereof constituting the Accelerated Principal Distributable Amount;
(iii) the Net Collections, the Note Distributable Amount Percentage and the Certificate Percentage for such Distribution Date;
(iv) the Premium payable amount otherwise distributable to each Class of Noteholders and the InsurerCertificateholders that will be distributed to a different Class of Noteholders on such Distribution Date;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ixvii) the amount of any Note Interest Carryover Shortfall, Note Principal Carryover Shortfall, Certificate Interest Carryover Shortfall and Note Certificate Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(xviii) the number of, and aggregate amount of, monthly principal and interest payments of Monthly P&I which was due on the Contracts which are during the related Collection Period and was delinquent as of the end of the related Collection Period presented on a 30(any such payment of Monthly P&I being presumed to be delinquent to the extent that it was not deposited in or credited to the Collection Account during such Collection Period);
(ix) the Aggregate Net Liquidation Losses for the related Collection Period;
(x) the Delinquency Percentage [and the Charge-day, 60-day and 90-day basisOff Percentage] for the most recent Calculation Day;
(xi) the Net Collections amount of Contracts which have had their APR or principal amount modified pursuant to Section 4.01 and the percentage that amount constitutes of the Original Principal Balance on a cumulative basis; in addition the aggregate Scheduled Balance of Contracts so modified as a percentage of the Pool Balance for the most recent Distribution Date; and
(xii) the Securities Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, separately setting forth the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made thereof payable in respect of such Distribution Datethe Certificates and in respect of each Class of Notes; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust AgentOwner Trustee, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 3.02 or 3.074.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.025.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.025.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Scheduled Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Scheduled Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;; and
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) to the Issuer, the Trust AgentCo-Owner Trustee, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENT") setting forth with respect to the next succeeding Distribution Date:
(i) the Certificate Interest Distributable Amount and the Note Interest Distributable Amount for such Distribution Date;
(ii) the Certificate Principal Distributable Amount and the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, thereof constituting the Accelerated Principal Distributable Amount;
(iii) the Certificate Distributable Amount and the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Co-Owner Trustee and Trust Agent the Indenture Trustee, with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall, Note Principal Carryover Shortfall, Certificate Interest Carryover Shortfall and Note Certificate Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;; and
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust AgentCo-Owner Trustee, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
: 46 (A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on On the 18th day of each Servicer Report Datemonth (or, if such day is not a Business Day, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENT") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(bpreceding Business Day);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee Issuer and the Insurer Trustee with a reportcopy to the Rating Agencies, in respect of the immediately preceding Collection Period, a report setting forth the followingfollowing information as of the end of the preceding day:
(i) the aggregate amount, if any, paid The total amount of funds received by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated and credited to repurchase or purchase pursuant to Sections 2.03 or 3.07the Collection Account;
(ii) The aggregate outstanding principal balance of all of the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02Eligible Mortgage Loans;
(iii) with respect to each Contract that became a Liquidated Contract during The weighted average coupon, weighted average maturity and outstanding principal balance of the Collection PeriodEligible Mortgage Loans, the following informationgrouped as follows:
(A) its Contract Number;for the Fixed Rate Mortgage Loans, by the following ranges of original term to maturity:
(B1) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (15 years or as of the Closing Date in the case of the first Distribution Date)less; and
(D2) if less greater than 100% of the outstanding principal balance of 15 years and accrued up to and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Numberincluding 30 years; and
(B) for the date of such Full Prepayment;
(v) the Contract NumbersAdjustable Rate Mortgage Loans, Monthly P&Iby index and, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested for each index, by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect length of the Collection Period ending immediately prior to such Servicer Report Date initial fixed rate period and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end length of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Accountsubsequent adjustable rate period; and
(xiv) for the Mandatory Partial Redemption DateWith respect to Eligible Mortgage Loans as to which there is currently a Late Payment, the Mandatory Partial Redemption Amountnumber and outstanding principal balance of such Eligible Mortgage Loans, grouped in accordance with clause (iii) above, that are (A) one installment delinquent, (B) two installments delinquent, (C) three installments delinquent and (D) more than three installments delinquent.
(b) In addition, the report delivered by the Servicer on the 18th day of each month (or if anysuch day is not a Business Day, the preceding Business Day) shall contain the information set forth in Exhibit A attached hereto.
Appears in 1 contract
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on On or prior to the 25th day of each Servicer Report Datecalendar month, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) cause to be delivered to the IssuerTitling Trustee a report in respect of the prior calendar month, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENT") setting forth with respect to the next succeeding Distribution Date:
(i) any information relating to the Note Interest Distributable Amount for such Distribution Date;
1997-A Contracts or the related Leased Vehicles that normally would be available from a servicer of closed-end automobile and light-duty truck leases and is reasonably requested by the Titling Trustee and (ii) if required, any additional information required by the Note Principal Distributable Amount for terms of any Securitized Financing, and (c) deliver such Distribution Date and the portion of the Note Principal Distributable Amountother reports, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable Officer's Certificates or certificates from other authorized signatories as may be necessary pursuant to this 1997-A SUBI Servicing Supplement to document to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Titling Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements 's right to any further reimbursement of this Agreementunreimbursed Servicer Expenses.
(b) On or prior to each Servicer Report Determination Date and each Transfer Date, the Servicer shall deliver cause to be delivered to the Issuer, the Trust Agent, the Indenture Titling Trustee and the Insurer 1997-A Securitization Trustee a reportsupplement to the Schedule of 1997-A Contracts and 1997-A Leased Vehicles containing data reflecting the addition or removal of 1997-A Contracts or 1997-A Leased Vehicles from the 1997-A SUBI Portfolio as of the first day of the current Collection Period (in the case of each Determination Date) or as of the related Subsequent Cutoff Date (in the case of each Transfer Date). Any such supplement shall contain, in respect addition to the data required by the definition of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases term "Schedule of Contracts which and Leased Vehicles", an identification of the Seller Discounted Principal Balance of each 1997-A Contract added or removed. In addition, the Servicer has become obligated shall, on or prior to repurchase or purchase pursuant each Determination Date, cause to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited be delivered to the Collection Account Titling Trustee, the 1997-A Securitization Trustee and each Rating Agency a certificate in the name of the Servicer, executed by an officer or the Payahead Account authorized signatory therefor in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited "Servicer's Certificate") substantially in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
form attached hereto as Exhibit B (iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date and setting forth such additional information as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by each Rating Agency from time to time and which information the Owner TrusteeServicer is able to reasonably provide), containing all information necessary to make the allocations and distributions required by the 1997-A Securitization Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account Agreement in respect of the Collection Period ending immediately prior preceding such Determination Date, including the information needed to such Servicer Report Date and prepare the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end statement required by Section 3.03 of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.1997-A
Appears in 1 contract
Sources: 1997 a Subi Servicing Supplement (Toyota Auto Lease Trust 1997-A)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) to the Issuer, the Trust Agent, the Indenture Trustee Trustee, the Backup Servicer and the Insurer a statement (the "DISTRIBUTION DATE STATEMENTDistribution Date Statement") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Backup Servicer, the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and;
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any; and
(xviii) a limited cash reconciliation of the Collection Account. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee Trustee, the Backup Servicer and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENT") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
; 56 (B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. 12:00 P.M. (New York City time time) on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier courier, personal delivery or personal deliverysuch other format mutually agreed to by the Issuer, the Indenture Trustee and the Insurer) to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENTDistribution Date Statement") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Principal Distributable Amount for such Distribution Date;
(ii) the Note Principal Interest Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable AmountDate;
(iii) the Note Distributable Amount aggregate distribution amount for such Distribution Date;
(iv) the Insurance Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom there from to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee paid to the Servicer with respect to the related Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, Trustee and the Indenture Trustee and Trust Agent with respect to the related Collection PeriodPeriod to the extent paid from Available Funds pursuant to Section 4.03;
(ix) the amount of any Note Interest Carryover Shortfall and or Note Principal Carryover Shortfall on such Distribution Date Date, the Insured Payment required to pay any shortfall; and the change in such shortfall amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the related Contracts which are delinquent as of the end of the related Collection Period Period, presented on a 30-dayin increments of 31 to 60 days, 60-day 61 to 90 days, 91 to 120 days and 90-day basis121 days or more;
(xi) the Net Collections Available Funds and the Policy Claim AmountInsured Payment, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xvxiv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xviixv) The Spread Account Required Amount for the Mandatory Partial Redemption such Distribution Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, no later than 12:00 P.M. New York Time, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it or the Seller for the purchases or repurchases of Contracts which the Seller Servicer or the Servicer Seller has become obligated to purchase or repurchase or purchase pursuant to Sections 2.03 3.06 or 3.072.03;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of all Contracts which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was were the subject of a Full Prepayment during such Collection Period, the following information:
(A) its the related Contract Number; and
(B) the date date(s) of such Full Prepayment;
(viv) the Contract Numbers, Monthly P&IScheduled Payment, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(viv) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;; and
(viivi) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Auto Nations Receivables Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on On or before (1) the [twenty-fourth] day of each month, or if such day is not a Business Day, the next succeeding Business Day, the Servicer Report shall render to the Master Servicer and (2) each Remittance Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) render to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer Rating Agencies, a statement report (the "DISTRIBUTION DATE STATEMENTAsset Status Report") setting forth with respect to ), substantially in the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such Distribution Date and the portion form attached hereto as Exhibit G, as of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount close of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related preceding Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of Period reflecting activity since the end of the related last Collection Period presented on a 30-day, 60-day and 90-day basis;
identified in the previous report (xi) or since the Net Collections and Closing Date in the Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end case of the Funding Periodfirst report), the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Periodunless otherwise set forth below, setting forth the following:
(i) the aggregate amount, if any, paid by or due deposits to and withdrawals from it the Collection Account and the Reserve Account for each category of deposit and withdrawal permitted under this Agreement and the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07opening and closing balances in such accounts;
(ii) the net a categorized list and aggregate amount of funds which have been deposited in Property Protection Expenses, Disposition Expenses and Property Improvement Expenses paid or credited to reimbursed, including any amounts paid from the Collection Account or Reserve Account, together with the Payahead Account in respect source of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02payment;
(iii) the amount of any Disposition Proceeds and a detailed accounting of Net Disposition Proceeds, including, for each Loan, as applicable, principal, accrued interest and prepayment penalty, and for each REO, gross sales proceeds and itemized closing costs;
(iv) the amount of income from any Permitted Investments of funds on deposit in the Collection Account;
(v) a summary of the Servicer's Certificates relating to breaches of representations and warranties and the remedy for each;
(vi) a summary of material modifications, material waivers or material amendments of any Loans;
(vii) an aged delinquency schedule of Delinquent Loans, including days past due, accrued interest and next payment date;
(viii) as to any applicable Mortgaged Property or REO, a budget of income and expenses for the period to be covered by the next report, together with an itemized list of budgeted and actual income and expenses for the preceding Collection Period and, where appropriate, an explanation for differences between the budgeted and actual amounts;
(ix) with respect to each Contract that became Loan, the aggregate amount of Monthly Payments under the related Mortgage Notes, including Balloon Payments, and of all full prepayments, the scheduled monthly principal and interest due, the collected principal and interest for such Loan, each stated separately in respect of the period covered by such report and since the Closing Date to the end of such period;
(x) as to any Asset as to which a Liquidated Contract during Final Recovery Determination was made, (i) the date of such Final Recovery Determination, (ii) the Principal Balance and the amount recovered with respect to the related Asset and (iii) Obligor guarantee proceeds, Obligor reimbursement proceeds and escrow proceeds, if any;
(xi) the loan number and amount of any principal prepayments received;
(xii) the amount of any Servicing Fees and Disposition Fees or other fees payable from the Collection PeriodAccount and total accrual of fees to the Master Servicer, the following information:if any;
(xiii) for each Loan, (A) its Contract Number;
the Principal Balance, (B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close Closing Date, (C) the performance status, (D) number of business days delinquent on a contractual basis, (E) the last day of property type and (F) the preceding Collection Period state;
(or as of xiv) For each Non-Performing Loan, (A) the Closing Date in Principal Balance, (B) the case of stated Maturity Date, (C) the first Distribution Date)property type, (D) the state, (E) the estimated recovery value, and (F) the estimated recovery date; and
(Dxv) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contractfor each REO, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
the property type, (B) the date of such Full Prepayment;state, (C) the estimated recovery value and (D) the estimated recovery date.
(vb) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating The Servicer shall also render to the Contracts reasonably requested by the Owner TrusteeMaster Servicer, the Trust AgentRating Agencies, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount Issuer, upon the request of Net Liquidation Proceeds and Net Insurance Proceeds deposited any of them, such other reports as the Servicer produces in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end ordinary course of the Funding Period, the Capitalized Interest Amount, if any, business with respect to the related Collection Period Loans and REO and such other reports as are necessary for tax or regulatory purposes. The Servicer shall also render to each Rating Agency copies of any reports prepared by the amountServicer for the Issuer stating the operating results of the Servicer's management of Loans or REO. In addition, if anythe Servicer shall render to each Rating Agency such other information with respect to the Loans and REO as may be reasonably requested by such Rating Agency. Notwithstanding anything herein to the contrary, withdrawn from the Capitalized Interest Account reasonable out-of-pocket costs and expenses of providing information to any Rating Agency pursuant to this Agreement;
(ix) during the Funding Period, immediately preceding sentence shall be borne by the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if anyIssuer.
Appears in 1 contract
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on each Servicer Report Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a statement (the "DISTRIBUTION DATE STATEMENTDistribution Date Statement") setting forth with respect to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Insured Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited in the Payahead Account pursuant to Section 4.02) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iii) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day of the preceding Collection Period (or as of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)
Reporting by the Servicer. (a) No later than 3:00 p.m. New York City time on The Servicer shall deliver to the Indenture Trustee all reports and other documents required to be delivered to the Origination Trustee pursuant to the Servicing Agreement (including Section 3.01 thereof) concurrently with their delivery to the Origination Trustee.
(b) On or prior to each Servicer Report Determination Date and each Transfer Date, the Servicer shall deliver (by telex, facsimile, electronic transmission, first class mail, overnight courier or personal delivery) cause to be delivered to the Issuer, the Trust Agent, Origination Trustee and the Indenture Trustee a revised Schedule of Leases and Leased Vehicles, containing data as of the last day of the prior Collection Period (in the case of each Determination Date) or as of the related Subsequent Cutoff Date (in the case of each Transfer Date), and which shall contain in addition to the data required by the definition of the term "Schedule of Leases and Leased Vehicles" an identification of all Leases and Leased Vehicles that are 1998-A Leases and 1998-A Leased Vehicles, the Discounted Principal Balance of each 1998-A Lease and the Insurer a statement (the "DISTRIBUTION DATE STATEMENT") setting forth with respect related Cutoff Date for each 1998-A Lease, and on or prior to each Determination Date, shall cause to be delivered to the next succeeding Distribution Date:
(i) the Note Interest Distributable Amount for such Distribution Date;
(ii) the Note Principal Distributable Amount for such Distribution Date and the portion of the Note Principal Distributable Amount, if any, constituting the Accelerated Principal Distributable Amount;
(iii) the Note Distributable Amount for such Distribution Date;
(iv) the Premium payable to the Insurer;
(v) the amount to be on deposit in the Spread Account on such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date;
(vi) the amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee pursuant to Section 4.04(b);
(vii) the aggregate Servicing Fee with respect to the Contracts for the related Collection Period;
(viii) the amount of fees paid to the Owner Origination Trustee, the Indenture Trustee and Trust Agent with respect to the related Collection Period;
(ix) the amount of any Note Interest Carryover Shortfall and Note Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the immediately preceding Distribution Date;
(x) the number of, and aggregate amount of, monthly principal and interest payments due on the Contracts which are delinquent as of the end of the related Collection Period presented on each Rating Agency a 30-day, 60-day and 90-day basis;
(xi) the Net Collections and the Policy Claim Amount, if any, for such Distribution Date;
(xii) the aggregate amount of Liquidation Proceeds received for Defaulted Contracts;
(xiii) the net credit losses and Cram Down Losses for the Collection Period;
(xiv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xv) the Pool Balance;
(xvi) for each Distribution Date occurring during and immediately following the end of the Funding Period, the amount on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date; and
(xvii) for the Mandatory Partial Redemption Date, the Mandatory Partial Redemption Amount, if any. Each such Distribution Date Statement shall be accompanied by an Officers' Certificate of the Servicer, which Officers' Certificate shall state that the computations reflected in such statement were made in conformity with the requirements of this Agreement.
(b) On each Servicer Report Date, the Servicer shall deliver to the Issuer, the Trust Agent, the Indenture Trustee and the Insurer a report, in respect of the immediately preceding Collection Period, setting forth the following:
(i) the aggregate amount, if any, paid by or due from it for the purchases of Contracts which the Seller or the Servicer has become obligated to repurchase or purchase pursuant to Sections 2.03 or 3.07;
(ii) the net amount of funds which have been deposited in or credited to the Collection Account or the Payahead Account certificate in respect of such Collection Period (including amounts, if any, collected during the next preceding Collection Period and deposited "Servicer's Certificate") substantially in the Payahead Account pursuant form attached as Exhibit B (and setting forth such additional information as requested by each Rating Agency from time to Section 4.02time which information the Servicer is able to reasonably provide), containing all information necessary to make the distributions required by Sections 9.02(f) after giving effect to all permitted deductions therefrom pursuant to Section 4.02;
(iiihereof, 12.01(c) with respect to each Contract that became a Liquidated Contract during the Collection Period, the following information:
(A) its Contract Number;
(B) the effective date as of which such Contract became a Liquidated Contract;
(C) its Monthly P&I and Principal Balance as of the close of business on the last day 1998-A SUBI Supplement, 3.03 of the preceding Collection Period (or as Securitization Trust Agreement and Section 8.02(b) of the Closing Date in the case of the first Distribution Date); and
(D) if less than 100% of the outstanding principal balance of and accrued and unpaid interest was recovered on such Liquidated Contract, the amount of the Net Liquidation Proceeds or Net Insurance Proceeds;
(iv) with respect to each Contract which was the subject of a Full Prepayment during such Collection Period, the following information:
(A) its Contract Number; and
(B) the date of such Full Prepayment;
(v) the Contract Numbers, Monthly P&I, Principal Balances and Maturity Dates of all Contracts which became Defaulted Contracts during such Collection Period;
(vi) any other information relating to the Contracts reasonably requested by the Owner Trustee, the Trust Agent, the Indenture Trustee or the Insurer;
(vii) the amount of Net Liquidation Proceeds and Net Insurance Proceeds which have been deposited in or credited to the Collection Account in respect of the Collection Period ending immediately preceding such Determination Date. On or prior to such Servicer Report Date and the cumulative amount of Net Liquidation Proceeds and Net Insurance Proceeds deposited in or credited to the Collection Account during the preceding Collection Periods;
(viii) with respect to each Distribution Date during and immediately following the end of the Funding Period, the Capitalized Interest Amount, if any, with respect to the related Collection Period and the amount, if any, withdrawn from the Capitalized Interest Account pursuant to this Agreement;
(ix) during the Funding Period, the remaining balance in the Prefunding Account; and
(x) for the Mandatory Partial Redemption Deposit Date, the Mandatory Partial Redemption AmountServicer shall cause to be delivered to the Indenture Trustee the statement required by Section 3.06(a) of the Securitization Trust Agreement. Within the time required by Section 3.06(b) of the Securitization Trust Agreement, if anythe Servicer shall cause to be delivered to the Indenture Trustee the statements required by that Section. Any Noteholder or Note Owner may obtain a copy of a Servicer's Certificate upon written request.
Appears in 1 contract
Sources: Servicing Agreement (World Omni 1998-a Automobile Lease Securitization Trust)