Requirements of Servicer and Backup Servicer; Monthly Tape. (a) On or before the fourth Business Day, but in no event later than the fifth calendar day, of each month, commencing in April 1999, the Servicer will deliver to each of the Trustee, the Insurer (upon request) and the Backup Servicer a computer tape or a diskette (or any other electronic transmission acceptable to each of the Trustee, the Insurer (if requested by the Insurer) and the Backup Servicer) in a format acceptable to each of the Trustee, the Backup Servicer and the Insurer (if requested by the Insurer) containing the information with respect to the Receivables as of the preceding Determination Date (the "Monthly File") necessary for preparation of the Servicer's Certificate relating to the immediately succeeding Reporting Date and necessary to determine the application of the collections as provided in the applicable Servicing Agreement. The Backup Servicer shall use the information contained in the Monthly File to verify the Servicer's Certificate delivered by the Servicer pursuant to each of the Servicing Agreements, and commencing in April 1999, the Backup Servicer shall notify the Servicer of any discrepancies within three Business Days of receipt by the Backup Servicer of such Servicer's Certificate. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile any material discrepancies prior to the related Distribution Date; provided, however, that in the absence of a reconciliation prior to the related Draw Date, the Backup Servicer shall certify to the
Appears in 1 contract
Sources: Monitoring and Backup Servicing Agreement (National Auto Finance Co Inc)
Requirements of Servicer and Backup Servicer; Monthly Tape. (a) On or before the fourth Business Day, but in no event later than the fifth calendar day, of each month, commencing in April October 1999, the Servicer will deliver to each of the Trustee, the Insurer (upon request), such Noteholders holding 5% or more of the Note Balance of any Class of Notes (upon written request) and the Backup Servicer a computer tape or a diskette (or any other electronic transmission acceptable to each of the Trustee, the Insurer (if requested by the Insurer) and the Backup Servicer) in a format acceptable to each of the Trustee, the Backup Servicer and the Insurer (if requested by the Insurer) containing the information with respect to the Receivables as of the preceding Determination Date (the "Monthly File") necessary for preparation of the Servicer's Certificate relating to the immediately succeeding Reporting Date and necessary to determine the application of the collections as provided in the applicable Sale and Servicing Agreement. The Backup Servicer shall use the information contained in the Monthly File to verify the Servicer's Certificate delivered by the Servicer pursuant to each of the Sale and Servicing AgreementsAgreement, and commencing in April October 1999, the Backup Servicer shall notify the Servicer of any discrepancies within three Business Days of receipt by the Backup Servicer of such Servicer's Certificate. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile any material discrepancies prior to the related Distribution Date; provided, however, that in the absence of a reconciliation prior to the related Draw Date, the Backup Servicer shall certify to thethe Controlling Party and the Trustee on such Draw Date that such discrepancies remain unreconciled. In the absence of a reconciliation prior to the related Distribution Date, the applicable Servicer's Certificate shall control for the purpose of calculations and distributions with respect to such related Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer's Certificate by the related Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer's expense, to audit such Servicer's Certificate and, prior to the Distribution Date for the month following the month in which such Servicer's Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer's Certificate next succeeding the Servicer's Certificate with respect to which such discrepancies were noted. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party or the Backup Servicer, deliver to the Controlling Party (if requested by the Controlling Party) and Backup Servicer (i) within three Business Days of demand
Appears in 1 contract
Sources: Agreement for Monitoring and Backup Servicing (National Auto Finance Co Inc)