Common use of Collections and Allocations Clause in Contracts

Collections and Allocations. The Servicer shall apply, or shall instruct the Indenture Trustee in writing (which instruction may be included in the Monthly Servicer Report) to apply and the Indenture Trustee shall apply, all funds on deposit in the Collection Account as described in this Article VIII. Except as otherwise provided below, the Servicer shall deposit Collections into the Collection Account as promptly as possible after the date of processing of such Collections, but in no event later than the second (2nd) Business Day following the date of processing of such Collection by the applicable Subservicer, or if such Collection was received directly by the Servicer, the Servicer. Notwithstanding anything else in this Indenture or the Sale and Servicing Agreement to the contrary, for so long as: (a) no Early Amortization Event or Event of Default has occurred and is continuing; and (b) the Servicer or, so long as the Performance Support Provider is guaranteeing the obligations of the Servicer pursuant to the Performance Support Agreement, the Performance Support Provider maintains a long term rating of “A” or higher and a short term rating of “A-1” or higher from S&P (it being understood that, in order to satisfy such rating requirement the Servicer or the Performance Support Provider itself, as applicable, must maintain such rating and such rating may not be based on the rating of any affiliate, credit support provider or other Person), the Servicer need not make the deposits of Collections into the Collection Account as provided in the preceding sentence, but may make a single deposit in the Collection Account in immediately available funds not later than 11:00 a.m., New York City time, on the Business Day preceding each Payment Date in an amount equal to the Collections received during the related Collection Period. If the Servicer fails to make the deposit required by the preceding sentence by 11:00 a.m., New York City time, on the Business Day preceding the Payment Date, the Indenture Trustee shall promptly make a claim for payment of the applicable amounts under the Performance Support Agreement. The Servicer may retain funds constituting Collections in an amount equal to its accrued and unpaid Servicing Fee and shall not be required to deposit such funds in the Collection Account.

Appears in 2 contracts

Samples: Indenture (OneMain Financial Holdings, Inc.), Indenture (OneMain Financial Holdings, Inc.)

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Collections and Allocations. The Servicer shall apply, or shall instruct the Indenture Trustee in writing (which instruction may be included in the Monthly Servicer Report) to apply and the Indenture Trustee shall apply, all funds on deposit in the Collection Account as described in this Article VIII. Except as otherwise provided below, the Servicer shall deposit Collections into the Collection Account as promptly as possible after the date of processing of such Collections, but in no event later than the second (2nd) Business Day following the date of processing of such Collection by the applicable Subservicer, or if such Collection was received directly by the Servicer, the Servicerprocessing. Notwithstanding anything else in this Indenture or the Sale and Servicing Agreement to the contrary, for so long as: (ai) no Early Amortization Event or Event of Default has occurred and is continuing; and (bii) the Servicer or, so long as the Performance Support Provider is guaranteeing the obligations of the Servicer pursuant to the Performance Support Agreement, the Performance Support Provider maintains a long term rating of “A” or higher and a short term rating of “A-1” or higher from S&P (it being understood that, in order to satisfy such rating requirement the Servicer or the Performance Support Provider itself, as applicable, must maintain such rating and such rating may not be based on the rating of any affiliate, credit support provider or other Person)S&P, the Servicer need not make the deposits of Collections into the Collection Account as provided in the preceding sentence, but may make a single deposit in the Collection Account in immediately available funds not later than 11:00 a.m., New York City time, on the Business Day preceding each Payment Date in an amount equal to the Collections received during the related Collection Period. If the Servicer fails to make the deposit required by the preceding sentence by 11:00 a.m., New York City time, on the Business Day preceding the Payment Date, the Indenture Trustee shall promptly make a claim for payment of the applicable amounts under the Performance Support Agreement. The Servicer may retain funds constituting Collections in an amount equal to its accrued and unpaid Servicing Fee and shall not be required to deposit such funds in the Collection Account. In addition, during the Revolving Period, so long as no Reinvestment Criteria Event was outstanding as of the most recent Payment Date, the Servicer may retain, or may withdraw from the Collection Account, amounts with respect to each Collection Period not to exceed in the aggregate the lesser of (i) the Principal Collections received during such Collection Period and (ii) the aggregate purchase prices payable by the Issuer in respect of New Loans in connection with any Renewed Loan Replacements and in respect of existing Loans the Loan Principal Balances of which were increased pursuant to Section 3.02 of the Loan Purchase Agreement during such Collection Period, and the Servicer shall remit each such amount to the Depositor on behalf of the Issuer to pay the purchase price in respect of any such New Loan.

Appears in 2 contracts

Samples: Indenture (Springleaf Finance Corp), Indenture (Springleaf Holdings, Inc.)

Collections and Allocations. (a) The Servicer shall apply, will apply or shall will instruct the Indenture Trustee in writing (which instruction may be included in the Monthly Servicer Report) to apply and the Indenture Trustee shall apply, all funds on deposit in the Collection Account as described in this Article VIIIIV and in each Indenture Supplement. Except as otherwise provided below, the Servicer shall deposit Collections into the Collection Account as promptly as possible after the date Date of processing Processing of such Collections, but in no event later than the second (2nd) Business Day following the date Date of processing Processing. Subject to the express terms of such Collection by the applicable Subservicerany Indenture Supplement, or if such Collection was received directly by the Servicer, the Servicer. Notwithstanding but notwithstanding anything else in this Indenture or the Sale and Servicing Agreement to the contrary, for so long asas the following conditions are satisfied: (aA) (i) CompuCredit remains the Servicer and has a short-term debt rating of not less than A-1 by Standard & Poor’s, P-1 by Xxxxx’x and F1+ by Fitch (if rated by Fitch), and (ii) no Early Amortization Redemption Event, Reinvestment Event or Event of Default has shall have occurred and or (B) other arrangements are made such that the Rating Agency Condition is continuing; and (b) the Servicer or, so long as the Performance Support Provider is guaranteeing the obligations of the Servicer pursuant to the Performance Support Agreement, the Performance Support Provider maintains a long term rating of “A” or higher and a short term rating of “A-1” or higher from S&P (it being understood that, in order to satisfy such rating requirement the Servicer or the Performance Support Provider itself, as applicable, must maintain such rating and such rating may not be based on the rating of any affiliate, credit support provider or other Person)satisfied with respect thereto, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentence, but may make a single deposit in the Collection Account in immediately available funds not later than 11:00 a.m.4:00 p.m., New York City time, on the Business Day preceding each Payment Transfer Date in an amount equal following the Monthly Period for which such Collections were processed. Subject to the proviso in Section 4.02 and the express terms of any Indenture Supplement, but notwithstanding anything else in this Agreement to the contrary, with respect to any Monthly Period, whether the Servicer is required to make deposits of Collections received during pursuant to the first or the second preceding sentence, (i) the Servicer will only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on or prior to the related Distribution Date to or for the benefit of Noteholders or to any Series Enhancer pursuant to the terms of any Indenture Supplement or Series Enhancement and any excess shall be paid to the Issuer for application in accordance with the Trust Agreement, and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Period. If Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer fails will be permitted to make the deposit required by the preceding sentence by 11:00 a.m.withdraw, New York City time, on the Business Day preceding the Payment Date, or instruct the Indenture Trustee shall promptly make a claim to withdraw, the excess from the Collection Account and pay it to the Issuer for payment of application in accordance with the applicable amounts under the Performance Support Trust Agreement. The Servicer hereby acknowledges that any payments referenced in the immediately preceding sentence shall be paid directly to the Transferor pursuant to Section 3.04(a) of the Trust Agreement. Subject to the second preceding sentence, the Servicer may retain funds constituting Collections in an amount equal to its accrued and unpaid Servicing Fee with respect to a Series and shall not be required to deposit such funds it in the Collection Account.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Compucredit Corp)

Collections and Allocations. (a) The Servicer shall apply, will apply or shall will instruct the Indenture Trustee in writing (which instruction may be included in the Monthly Servicer Report) to apply and the Indenture Trustee shall apply, all funds on deposit in the Collection Account as described in this Article VIIIand in each Indenture Supplement. Except as otherwise provided below, the Servicer shall deposit Collections into the Collection Account as promptly as possible after the date Date of processing Processing of such Collections, but in no event later than the second (2nd) Business Day following the date of processing processing. Subject to the terms of such Collection by the applicable Subservicerany Indenture Supplement, or if such Collection was received directly by the Servicer, the Servicer. Notwithstanding but notwithstanding anything else in this Indenture or the Sale Transfer and Servicing Agreement to the contrary, for so long asif one or more of the following conditions is satisfied: (ai) no Early Amortization Event Nordstrom fsb remains the Servicer; Nordstrom guarantees the performance of the Servicer's obligations (unless the Rating Agencies shall consent to the deletion of such guarantee) and achieves and maintains a commercial paper rating of not less than A-1 by Standard & Poor's, not less than Prime-1 by Moody's and, if rated by Fitch, not less than F1 by Fitch, and Nordstrom fsb remains a wholly-owned subsidiary (directly or Event indirectly) of Default has occurred Nordstrom and in the event that there is continuing; any material change in the financing relationship between Nordstrom fsb and Nordstrom, (A) Nordstrom fsb shall have notified each Rating Agency and (bB) the Servicer orRating Agency Condition shall be satisfied with respect to such material change, so long as or (ii) any other arrangements are made such that the Performance Support Provider Rating Agency Condition is guaranteeing the obligations satisfied with respect thereto, and for two Business Days following any reduction of the Servicer pursuant to the Performance Support Agreement, the Performance Support Provider maintains a long term rating of “A” or higher and a short term rating of “A-1” or higher from S&P (it being understood that, in order to satisfy any such rating requirement the Servicer or the Performance Support Provider itself, as applicable, must maintain such rating and such rating may not be based on the rating of any affiliate, credit support provider or other Person)change in ownership, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentence, but may make a single deposit in the Collection Account in immediately available funds not later than 11:00 a.m.1:00 p.m., New York City time, on the Business Day Transfer Date immediately preceding each Payment the Distribution Date in an amount equal following the Monthly Period with respect to which such deposit relates. Subject to the first proviso in Section 8.05, but notwithstanding anything else in this Indenture or the Transfer and Servicing Agreement to the contrary, with respect to any Monthly Period, whether the Servicer is required to make deposits of collections pursuant to the first or the second preceding sentence, (i) the Servicer will only be required to deposit Collections received during into the Collection Account up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on or prior to the related Distribution Date to Noteholders or to any Series Enhancer pursuant to the terms of any Indenture Supplement or Enhancement Agreement and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Period. If Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer fails will be permitted to make the deposit required by the preceding sentence by 11:00 a.m., New York City time, on the Business Day preceding the Payment Date, cause the Indenture Trustee shall promptly make a claim for payment to withdraw the excess from the Collection Account and pay such amounts pursuant to the terms of the applicable amounts under Transaction Documents. Subject to the Performance Support Agreement. The immediately preceding sentence, the Servicer may retain funds constituting Collections in an amount equal to its accrued and unpaid Servicing Fee with respect to a Series and shall not be required to deposit such funds it in the Collection Account. To the extent that, in accordance with this subsection, the Servicer has retained amounts which would otherwise be required to be deposited into the Collection Account or any Series Account with respect to any Monthly Period, the Servicer shall be required to deposit such amounts in the Collection Account or such Series Account on the related Transfer Date to the extent necessary to make required distributions on the related Distribution Date, including any amounts which are required to be applied as Reallocated Principal Collections, and pay any amounts remaining after making such deposit pursuant to the terms of the Transaction Documents.

Appears in 1 contract

Samples: Master Indenture (Nordstrom Credit Inc)

Collections and Allocations. (a) The Servicer shall apply, will apply or shall will instruct the Indenture Trustee in writing (which instruction may be included in the Monthly Servicer Report) to apply and the Indenture Trustee shall apply, all funds on deposit in the Collection Account as described in this Article VIIIIV and in each Supplement. Except as otherwise provided below, the Servicer shall deposit Collections into the Collection Account as promptly as possible after the date Date of processing Processing of such Collections, but in no event later than the second (2nd) Business Day following the date Date of processing Processing. Subject to the express terms of such Collection by the applicable Subservicerany Supplement, or if such Collection was received directly by the Servicer, the Servicer. Notwithstanding but notwithstanding anything else in this Indenture or the Sale and Servicing Agreement to the contrary, for so long as: as either (ai) no Early Amortization Event or Event of Default has occurred and is continuing; and (b) Holdings remains the Servicer or, so long as the Performance Support Provider is guaranteeing the obligations and Holdings or an Affiliate of the Servicer pursuant Holdings acceptable to the Performance Support Agreement, the Performance Support Provider Rating Agencies maintains a long short-term rating of “A” or higher not less than A-1 by Standard & Poor and P-1 by Moody's and a short term certificate of deposit rating of “A-1” not less than A-1 by Standard & Poor's and P-1 by Moody's and no Pay Out Event or higher from S&P Reinvestment Event shall have occurred or (it being understood that, in order to ii) Holdings shall have otherwise made arrangements which satisfy such rating requirement the Servicer or the Performance Support Provider itself, as applicable, must maintain such rating and such rating may not be based on the rating of any affiliate, credit support provider or other Person)Rating Agency Condition, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentence, but may make a single deposit in the Collection Account in immediately available funds not later than 11:00 a.m.1:00 P.M., New York City time, on the Transfer Date following the Monthly Period with respect to which such deposit relates. In the event that neither of the foregoing conditions is satisfied, then Holdings shall commence making daily deposits of Collections into the Collection Account as provided above, within five Business Day preceding each Payment Date in an amount equal Days of the date on which neither of such conditions shall have been satisfied. Subject to the first proviso in Section 4.4, but notwithstanding anything else in this Agreement to the contrary, with respect to any Monthly Period, whether the Servicer is required to make deposits of Collections received during pursuant to the first or the second preceding sentence, (i) the Servicer will only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on or prior to the related Distribution Date to Investor Certificateholders or to any Series Enhancer pursuant to the terms of any Supplement or Enhancement Agreement and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Period. If Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer fails will be permitted to make withdraw the deposit required by excess from the Collection Account. Subject to the immediately preceding sentence by 11:00 a.m., New York City time, on the Business Day preceding the Payment Datesentence, the Indenture Trustee shall promptly make a claim for payment of the applicable amounts under the Performance Support Agreement. The Servicer may retain funds constituting Collections in an amount equal to its accrued and unpaid Servicing Fee with respect to a Series and shall not be required to deposit such funds it in the Collection Account.. (b) Collections of Finance Charge Receivables and Principal Receivables and Defaulted Amounts will be allocated to each Series on the basis of the Series Allocable Finance Charge Collections of such Series, Series Allocable Principal Collections of such Series and Series Allocable Defaulted Amount of such Series and amounts so allocated to any Series will not, except as specified in the related Supplement, be available to the Investor Certificateholders of any other Series. Allocations of the foregoing amounts between the Certificateholders' Interest and the Transferor's Interest, among the Series and among the Classes in any Series, shall be set forth in the related Supplement or Supplements. Section 4.4

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Partners First Receivables Funding Corp)

Collections and Allocations. (a) The Servicer shall apply, will apply or shall will instruct the Indenture Trustee in writing (which instruction may be included in the Monthly Servicer Report) to apply and the Indenture Trustee shall apply, all funds on deposit in the Collection Account as described in this Article VIIIVIII and in each Indenture Supplement. Except as otherwise provided below, the Servicer shall deposit Collections into the Collection Account as promptly as possible after the date Date of processing Processing of such Collections, but in no event later than the second (2nd) Business Day following the date Date of processing Processing. Subject to the express terms of such Collection by the applicable Subservicerany Indenture Supplement, or if such Collection was received directly by the Servicer, the Servicer. Notwithstanding but notwithstanding anything else in this Indenture or the Sale Transfer and Servicing Agreement to the contrary, for so long asas any of the following conditions are satisfied: (ai) ABC remains the Servicer; (ii) no Early Amortization Pay Out Event has occurred; or Event of Default (iii) (A) ABC maintains a long or short term rating which is satisfactory to each Rating Agency, (B) Advanta Corp. has occurred provided the Indenture Trustee with a performance guarantee covering the risk that the Servicer will not deposit Collections in the Collection Account as required herein and is continuing; and the Rating Agency Condition shall be satisfied with the respect to such arrangement, or (bC) the Servicer or, so long as delivers to the Performance Support Provider is guaranteeing Indenture Trustee a letter of credit or other guaranty covering the obligations of risk that the Servicer pursuant will not deposit Collections in the Collection Account as required herein and the Rating Agency Condition shall be satisfied with respect to the Performance Support Agreement, the Performance Support Provider maintains a long term rating of “A” or higher and a short term rating of “A-1” or higher from S&P (it being understood that, in order to satisfy such rating requirement the Servicer or the Performance Support Provider itself, as applicable, must maintain such rating and such rating may not be based on the rating of any affiliate, credit support provider or other Person)arrangement, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentence, but may make a single deposit in the Collection Account in immediately available funds not later than 11:00 a.m.1:00 p.m., New York City time, on the Business Day preceding each Payment Date in an amount equal following the Monthly Period with respect to which such deposit relates. Subject to the first proviso in Section 8.05, but notwithstanding anything else in this Indenture or the Transfer and Servicing Agreement to the contrary, with respect to any Monthly Period, whether the Servicer is required to make deposits of Collections received during pursuant to the first or the second preceding sentence, (i) the Servicer will only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on or prior to the related Payment Date to Noteholders or to any Series Enhancer pursuant to the terms of any Indenture Supplement or Enhancement Agreement and (ii) if at any time prior to such Payment Date the amount of Collections deposited in the Collection Period. If Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer fails will be permitted to make withdraw the deposit required excess from the Collection Account and pay such amount to the Issuer to be distributed by the Issuer pursuant to the terms of the Transaction Documents. Subject to the immediately preceding sentence by 11:00 a.m., New York City time, on the Business Day preceding the Payment Datesentence, the Indenture Trustee shall promptly make a claim for payment of the applicable amounts under the Performance Support Agreement. The Servicer may retain funds constituting Collections in an amount equal to its accrued and unpaid Servicing Fee with respect to a Series and shall not be required to deposit such funds it in the Collection Account. To the extent that, in accordance with this subsection 8.04(a), the Servicer has retained amounts which would otherwise be required to be deposited into the Collection Account or any Series Account with respect to any Monthly Period, the Servicer shall be required to deposit such amounts in the Collection Account or such Series Account on the related Payment Date to the extent necessary to make required distributions on the related Payment Date, including any amounts which are required to be applied as Reallocated Principal Collections.

Appears in 1 contract

Samples: Master Indenture (Advanta Business Recievables Corp)

Collections and Allocations. (a) The Servicer shall apply, will apply or shall will instruct the Indenture Trustee in writing (which instruction may be included in the Monthly Servicer Report) to apply and the Indenture Trustee shall apply, all funds on deposit in the Collection Account as described in this Article VIIIVIII and in each Indenture Supplement. Except as otherwise provided below, the Servicer shall deposit Collections received with respect to a particular Pool into the Collection Account for such Pool as promptly as possible after the date Date of processing Processing of such Collections, but in no event later than the second (2nd) Business Day following the date Date of processing Processing. Subject to the express terms of such Collection by the applicable Subservicerany Indenture Supplement, or if such Collection was received directly by the Servicer, the Servicer. Notwithstanding but notwithstanding anything else in this Indenture or the Sale Transfer and Servicing Agreement to the contrary, for so long asas any of the following conditions are satisfied: (ai) Conseco Bank, Inc. remains the Servicer and maintains a commercial paper rating of not less than A-1 by Standard & Poor's and P-1 by Moody's, (ii) Conseco Bank, Inc. remains the Servicer, no Early Amortization Event, Reinvestment Event or Event of Default has occurred shall have occurred, Conseco Finance Corp., maintains a commercial paper rating of not less than A-1 by Standard & Poor's and P-1 by Moody's, Conseco Bank, Inc. remains a wholly-owned subsidiary of Conseco Finance Corp. (directly or indirectly) and, in the event that there is continuing; any material change in the financing relationship between Conseco Bank, Inc. and Conseco Finance Corp., (A) Conseco Bank, Inc. shall have notified each Rating Agency and (bB) the Servicer orRating Agency Condition shall be satisfied with respect to such material change, so long as or (iii) any other arrangements are made such that the Performance Support Provider Rating Agency Condition is guaranteeing the obligations satisfied with respect thereto, and for five Business Days following any reduction of the Servicer pursuant to the Performance Support Agreement, the Performance Support Provider maintains a long term rating of “A” or higher and a short term rating of “A-1” or higher from S&P (it being understood that, in order to satisfy any such rating requirement the Servicer or change in ownership or the Performance Support Provider itself, as applicable, must maintain such rating and such rating may not be based on the rating of failure to meet any affiliate, credit support provider or other Person)condition, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentence, but may make a single deposit in the Collection Account in immediately available funds not later than 11:00 a.m.1:00 p.m., New York City time, on the Business Day preceding each Payment Transfer Date in an amount equal following the Monthly Period with respect to the Collections received during the related Collection Period. If the Servicer fails to make the which such deposit required by the preceding sentence by 11:00 a.m., New York City time, on the Business Day preceding the Payment Date, the Indenture Trustee shall promptly make a claim for payment of the applicable amounts under the Performance Support Agreement. The Servicer may retain funds constituting Collections in an amount equal to its accrued and unpaid Servicing Fee and shall not be required to deposit such funds in the Collection Accountrelates.

Appears in 1 contract

Samples: Conseco Finance Credit Card Funding Corp

Collections and Allocations. (a) The Servicer shall apply, or shall will instruct the Indenture Trustee in writing (which instruction may be included in the Monthly Servicer Report) to apply and the Indenture Trustee shall apply, all funds on deposit in the Collection Account as described in this Article VIIIVIII and in each Indenture Supplement. Except as otherwise provided below, the Servicer shall deposit Collections received with respect to a particular Pool into the Collection Account for such Pool as promptly as possible after the date Date of processing Processing of such Collections, but in no event later than the second (2nd) Business Day following the date Date of processing Processing. Subject to the express terms of such Collection by the applicable Subservicerany Indenture Supplement, or if such Collection was received directly by the Servicer, the Servicer. Notwithstanding but notwithstanding anything else in this Indenture or the Sale Transfer and Servicing Agreement to the contrary, for so long asas any of the following conditions are satisfied: (ai) Household Finance Corporation remains the Servicer and maintains a commercial paper rating of not less than A-1 by Standard & Poor's, P-1 by Xxxxx'x and F1 by Fitch, (ii) Household Finance Corporation remains the Servicer, no Early Amortization Event, Reinvestment Event or Event of Default has occurred shall have occurred, the ultimate parent of Household Finance Corporation maintains a commercial paper rating of not less than A-1 by Standard & Poor's, P-1 by Xxxxx'x and F1 by Fitch, and, in the event that there is continuing; any material change in the financing relationship between Household Finance Corporation and its parent corporation, (A) Household Finance Corporation shall have notified each Rating Agency and (bB) the Servicer orRating Agency Condition shall be satisfied with respect to such material change, so long as or (iii) any other arrangements are made such that the Performance Support Provider Rating Agency Condition is guaranteeing the obligations satisfied with respect thereto, and for five Business Days following any reduction of the Servicer pursuant to the Performance Support Agreement, the Performance Support Provider maintains a long term rating of “A” or higher and a short term rating of “A-1” or higher from S&P (it being understood that, in order to satisfy any such rating requirement the Servicer or the Performance Support Provider itself, as applicable, must maintain such rating and such rating may not be based on the rating of any affiliate, credit support provider or other Person)change in ownership, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentence, but may make a single deposit in the Collection Account in immediately available funds not later than 11:00 a.m., New York City time, on the Business Day preceding each Payment Transfer Date in an amount equal following the Due Period with respect to which such deposit relates. Subject to the first proviso in Section 8.05, but notwithstanding anything else in this Indenture or the Transfer and Servicing Agreement to the contrary, with respect to any Due Period, whether the Servicer is required to make deposits of Collections received during pursuant to the first or the second preceding sentence, (i) the Servicer will only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on or prior to the related Distribution Date to Noteholders or to any Series Enhancer pursuant to the terms of any Indenture Supplement or Enhancement Agreement and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Period. If Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer fails will be permitted to make the deposit required by the preceding sentence by 11:00 a.m., New York City time, on the Business Day preceding the Payment Date, direct the Indenture Trustee shall promptly make a claim for payment to withdraw the excess from the Collection Account and pay such amount pursuant to the terms of the applicable amounts under Transaction Documents. Subject to the Performance Support Agreement. The immediately preceding sentence, the Servicer may retain funds constituting Collections in an amount equal to its accrued and unpaid Servicing Fee with respect to a Series and shall not be required to deposit such funds it in the Collection Account.

Appears in 1 contract

Samples: Master Indenture (Household Consumer Loan Corp Ii)

Collections and Allocations. (a) The Servicer shall apply, will apply or shall will instruct the Indenture Trustee in writing (which instruction may be included in the Monthly Servicer Report) to apply and the Indenture Trustee shall apply, all funds on deposit in the Collection Account as described in this Article VIIIIV and in each Supplement. Except as otherwise provided below, the Servicer shall deposit Collections into the Collection Account as promptly as possible after the date Date of processing Processing of such Collections, but in no event later than the second (2nd) Business Day following the date Date of processing Processing. Subject to the express terms of such Collection by the applicable Subservicerany Supplement, or if such Collection was received directly by the Servicer, the Servicer. Notwithstanding but notwithstanding anything else in this Indenture or the Sale and Servicing Agreement to the contrary, for so long as: , and only so long as, the Transferor or an Affiliate thereof shall remain the Servicer hereunder, and (a) no Early Amortization Event (i) the Servicer provides to the Trustee a letter of credit or Event of Default has occurred and is continuing; and other credit support that satisfies the Rating Agency Condition or (b) the Servicer or, so long as the Performance Support Provider is guaranteeing the obligations or Wachovia Corporation shall have and maintain a certificate of the Servicer pursuant to the Performance Support Agreement, the Performance Support Provider maintains a long term deposit or commercial paper rating of “A” or higher not less than P-1 by Moody's and a short term rating of “A-1” or higher from S&P (it being understood that, in order to satisfy such rating requirement the Servicer or the Performance Support Provider itself, as applicable, must maintain such rating and such rating may not be based on the rating of any affiliate, credit support provider or other Person)less than A-1 by Standard & Poor's, the Servicer need not make the deposits of deposit Collections into the Collection Account or any Series Account, as provided in any Supplement, or make payments to the preceding sentenceHolder of the Transferor Security, on a daily basis as provided in Article IV, but may make a single deposit in the Collection Account in immediately available funds not later than 11:00 a.m.such deposits, New York City time, payments and withdrawals on the Business Day preceding each Payment Transfer Date in an amount equal to the net amount of such deposits, payments and withdrawals which would have been made but for the provisions of this paragraph. If at any time the Servicer shall qualify to make deposits on the Transfer Date as provided in this paragraph (or shall cease to be so qualified) the Servicer shall deliver an Officer's Certificates to the Trustee stating that the criteria set forth in (a) or (b) of this paragraph have been satisfied (or have ceased to be satisfied). The Trustee may rely on such Officer's Certificate without investigation or inquiry). Subject to the first proviso in Section 4.4, but notwithstanding anything else in this Agreement to the contrary, with respect to any Monthly Period, whether the Servicer is required to make deposits of Collections received during pursuant to the first or the second preceding sentence, (i) the Servicer will only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on or prior to the related Distribution Date to Investor Securityholders or to any Series Enhancer pursuant to the terms of any Supplement or Enhancement Agreement and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Period. If Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer fails will be permitted to make withdraw the deposit required by excess from the Collection Account. Subject to the immediately preceding sentence by 11:00 a.m., New York City time, on the Business Day preceding the Payment Datesentence, the Indenture Trustee shall promptly make a claim for payment of the applicable amounts under the Performance Support Agreement. The Servicer may retain funds constituting Collections in an amount equal to its accrued and unpaid Servicing Fee with respect to a Series and shall not be required to deposit such funds it in the Collection Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First National Bank of Atlanta)

Collections and Allocations. (a) The Servicer shall apply, will apply or shall will instruct the Indenture Trustee in writing (which instruction may be included in the Monthly Servicer Report) to apply and the Indenture Trustee shall apply, all funds on deposit in the Collection Account as described in this Article VIIIVIII and in each Indenture Supplement. Except as otherwise provided below, the Servicer shall deposit Collections received with respect to a particular Pool into the Collection Account for such Pool as promptly as possible after the date Date of processing Processing of such Collections, but in no event later than the second (2nd) Business Day following the date Date of processing Processing. Subject to the express terms of such Collection by the applicable Subservicerany Indenture Supplement, or if such Collection was received directly by the Servicer, the Servicer. Notwithstanding but notwithstanding anything else in this Indenture or the Sale Transfer and Servicing Agreement to the contrary, for so long asas any of the following conditions are satisfied: (ai) Household Finance Corporation remains the Servicer and maintains a commercial paper rating of not less than A-1 by Standard & Poor's and P-1 by Moody's, (ii) Household Finance Corporation remains the Servicer, no Early Amortization Event, Reinvestment Event or Event of Default has occurred shall have occurred, Household International maintains a commercial paper rating of not less than A-1 by Standard & Poor's and P-1 by Moody's, Household Finance Corporation remains a wholly-owned subsidiary of Household International (directly or indirectly) and, in the event that there is continuing; any material change in the financing relationship between Household Finance Corporation and Household International, (A) Household Finance Corporation shall have notified each Rating Agency and (bB) the Servicer orRating Agency Condition shall be satisfied with respect to such material change, so long as or (iii) any other arrangements are made such that the Performance Support Provider Rating Agency Condition is guaranteeing the obligations satisfied with respect thereto, and for five Business Days following any reduction of the Servicer pursuant to the Performance Support Agreement, the Performance Support Provider maintains a long term rating of “A” or higher and a short term rating of “A-1” or higher from S&P (it being understood that, in order to satisfy any such rating requirement the Servicer or the Performance Support Provider itself, as applicable, must maintain such rating and such rating may not be based on the rating of any affiliate, credit support provider or other Person)change in ownership, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentence, but may make a single deposit in the Collection Account in immediately available funds not later than 11:00 a.m.1:00 P.M., New York City time, on the Business Day preceding each Payment Distribution Date in an amount equal following the Due Period with respect to which such deposit relates. Subject to the first proviso in Section 8.05, but notwithstanding anything else in this ------------ Indenture or the Transfer and Servicing Agreement to the contrary, with respect to any Due Period, whether the Servicer is required to make deposits of Collections received during pursuant to the first or the second preceding sentence, (i) the Servicer will only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on or prior to the related Distribution Date to Noteholders or to any Series Enhancer pursuant to the terms of any Indenture Supplement or Enhancement Agreement and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Period. If Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer fails will be permitted to make withdraw the deposit required by excess from the Collection Account. Subject to the immediately preceding sentence by 11:00 a.m., New York City time, on the Business Day preceding the Payment Datesentence, the Indenture Trustee shall promptly make a claim for payment of the applicable amounts under the Performance Support Agreement. The Servicer may retain funds constituting Collections in an amount equal to its accrued and unpaid Servicing Fee with respect to a Series and shall not be required to deposit such funds it in the Collection Account.

Appears in 1 contract

Samples: Household Credit Card Master Note Trust I

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Collections and Allocations. (a) The Servicer shall apply, or shall will instruct the Indenture Trustee in writing (which instruction may be included in the Monthly Servicer Report) to apply and the Indenture Trustee shall apply, all funds on deposit in the Collection Account as described in this Article VIIIVIII and in each Indenture Supplement. Except as otherwise provided below, the Servicer shall deposit Collections received with respect to a particular Pool into the Collection Account for such Pool as promptly as possible after the date Date of processing Processing of such Collections, but in no event later than the second (2nd) Business Day following the date Date of processing Processing. Subject to the express terms of such Collection by the applicable Subservicerany Indenture Supplement, or if such Collection was received directly by the Servicer, the Servicer. Notwithstanding but notwithstanding anything else in this Indenture or the Sale Transfer and Servicing Agreement to the contrary, for so long asas any of the following conditions are satisfied: (ai) Household Finance Corporation remains the Servicer and maintains a commercial paper rating of not less than A-1 by Standard & Poor's, P-1 by Xxxxx'x and F-1 by Fitch, (ii) Household Finance Corporation remains the Servicer, no Early Amortization Event, Reinvestment Event or Event of Default has occurred shall have occurred, Household International maintains a commercial paper rating of not less than A-1 by Standard & Poor's, P-1 by Xxxxx'x and F-1 by Fitch, Household Finance Corporation remains a wholly-owned subsidiary of Household International (directly or indirectly) and, in the event that there is continuing; any material change in the financing relationship between Household Finance Corporation and Household International, (A) Household Finance Corporation shall have notified each Rating Agency and (bB) the Servicer orRating Agency Condition shall be satisfied with respect to such material change, so long as or (iii) any other arrangements are made such that the Performance Support Provider Rating Agency Condition is guaranteeing the obligations satisfied with respect thereto, and for five Business Days following any reduction of the Servicer pursuant to the Performance Support Agreement, the Performance Support Provider maintains a long term rating of “A” or higher and a short term rating of “A-1” or higher from S&P (it being understood that, in order to satisfy any such rating requirement the Servicer or the Performance Support Provider itself, as applicable, must maintain such rating and such rating may not be based on the rating of any affiliate, credit support provider or other Person)change in ownership, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentence, but may make a single deposit in the Collection Account in immediately available funds not later than 11:00 a.m.1:00 p.m., New York City time, on the Business Day preceding each Payment Distribution Date in an amount equal following the Due Period with respect to which such deposit relates. Subject to the first proviso in Section 8.05, but notwithstanding ------------ anything else in this Indenture or the Transfer and Servicing Agreement to the contrary, with respect to any Due Period, whether the Servicer is required to make deposits of Collections received during pursuant to the first or the second preceding sentence, (i) the Servicer will only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on or prior to the related Distribution Date to Noteholders or to any Series Enhancer pursuant to the terms of any Indenture Supplement or Enhancement Agreement and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Period. If Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer fails will be permitted to make the deposit required by the preceding sentence by 11:00 a.m., New York City time, on the Business Day preceding the Payment Date, direct the Indenture Trustee shall promptly make a claim for payment to withdraw the excess from the Collection Account and pay such amount pursuant to the terms of the applicable amounts under Transaction Documents. Subject to the Performance Support Agreement. The immediately preceding sentence, the Servicer may retain funds constituting Collections in an amount equal to its accrued and unpaid Servicing Fee with respect to a Series and shall not be required to deposit such funds it in the Collection Account.

Appears in 1 contract

Samples: Household Credit Card Master Note Trust I

Collections and Allocations. (a) The Servicer shall apply, will apply or shall will instruct the Indenture Trustee in writing (which instruction may be included in the Monthly Servicer Report) to apply and the Indenture Trustee shall apply, all funds on deposit in the Collection Account as described in this Article VIIIIV and in each Indenture Supplement. Except as otherwise provided below, the Servicer shall deposit Collections into the Collection Account as promptly as possible after the date Date of processing Processing of such Collections, but in no event later than the second (2nd) Business Day following the date Date of processing Processing. Subject to the express terms of such Collection by the applicable Subservicerany Indenture Supplement, or if such Collection was received directly by the Servicer, the Servicer. Notwithstanding but notwithstanding anything else in this Indenture or the Sale and Servicing Agreement to the contrary, for so long asas the following conditions are satisfied: (aA) (i) CompuCredit remains the Servicer and maintains a short-term debt rating of not less than A-1 by Standard & Poor's, P-1 by Xxxxx'x and F1+ by Fitch (if rated by Fitch), and (ii) no Early Amortization Redemption Event, Reinvestment Event or Event of Default has shall have occurred and or (B) other arrangements are made such that the Rating Agency Condition is continuing; and (b) the Servicer or, so long as the Performance Support Provider is guaranteeing the obligations of the Servicer pursuant to the Performance Support Agreement, the Performance Support Provider maintains a long term rating of “A” or higher and a short term rating of “A-1” or higher from S&P (it being understood that, in order to satisfy such rating requirement the Servicer or the Performance Support Provider itself, as applicable, must maintain such rating and such rating may not be based on the rating of any affiliate, credit support provider or other Person)satisfied with respect thereto, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentence, but may make a single deposit in the Collection Account in immediately available funds not later than 11:00 a.m.4:00 p.m., New York City time, on the Business Day preceding each Payment Transfer Date in an amount equal following the Monthly Period for which such Collections were processed. Subject to the proviso in Section 4.02 and the express terms of any Indenture Supplement, but notwithstanding anything else in this Agreement to the contrary, with respect to any Monthly Period, whether the Servicer is required to make deposits of Collections received during pursuant to the first or the second preceding sentence, (i) the Servicer will only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on or prior to the related Distribution Date to or for the benefit of Noteholders or to any Series Enhancer pursuant to the terms of any Indenture Supplement or Series Enhancement and any excess shall be paid to the Issuer for application in accordance with the Trust Agreement, and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Period. If Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer fails will be permitted to make withdraw the deposit required by excess from the preceding sentence by 11:00 a.m., New York City time, on Collection Account and pay it to the Business Day preceding Issuer for application in accordance with the Payment Date, the Indenture Trustee shall promptly make a claim for payment of the applicable amounts under the Performance Support Trust Agreement. The Servicer hereby acknowledges that any payments referenced in the immediately preceding sentence shall be paid directly to the Transferor pursuant to subsection 3.04(a) of the Trust Agreement. Subject to the second preceding sentence, the Servicer may retain funds constituting Collections in an amount equal to its accrued and unpaid Servicing Fee with respect to a Series and shall not be required to deposit such funds it in the Collection Account.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Compucredit Corp)

Collections and Allocations. (a) The Servicer shall apply, or shall will instruct the Indenture Trustee in writing (which instruction may be included in the Monthly Servicer Report) to apply and the Indenture Trustee shall apply, all funds on deposit in the Collection Account as described in this Article VIIIVIII and in each Indenture Supplement. Except as otherwise provided below, the Servicer shall deposit Collections received with respect to a particular Pool into the Collection Account for such Pool as promptly as possible after the date Date of processing Processing of such Collections, but in no event later than the second (2nd) Business Day following the date Date of processing Processing. Subject to the express terms of such Collection by the applicable Subservicerany Indenture Supplement, or if such Collection was received directly by the Servicer, the Servicer. Notwithstanding but notwithstanding anything else in this Indenture or the Sale Transfer and Servicing Agreement to the contrary, for so long asas any of the following conditions are satisfied: (ai) Household Finance Corporation remains the Servicer and maintains a commercial paper rating of not less than F1 by Fitch, P-1 by Moody's and A-1 by Standard & Poor's, (ii) Household Finance Corporation remains the Servicer, no Early Amortization Event, Reinvestment Event or Event of Default has occurred shall have occurred, the ultimate parent of Household Finance Corporation maintains a commercial paper rating of not less than F1 by Fitch, P-1 by Moody's and A-1 by Standard & Poor's, and, in the event that there is continuing; any material change in the financing relationship between Household Finance Corporation and its parent corporation, (A) Household Finance Corporation shall have notified each Rating Agency and (bB) the Servicer orRating Agency Condition shall be satisfied with respect to such material change, so long as or (iii) any other arrangements are made and written confirmation is received from the Performance Support Provider specified Rating Agency for which the above requirements are not satisfied such that the Rating Agency Condition is guaranteeing the obligations satisfied with respect to that Rating Agency, and for five Business Days following any reduction of the Servicer pursuant to the Performance Support Agreement, the Performance Support Provider maintains a long term rating of “A” or higher and a short term rating of “A-1” or higher from S&P (it being understood that, in order to satisfy any such rating requirement the Servicer or the Performance Support Provider itself, as applicable, must maintain such rating and such rating may not be based on the rating of any affiliate, credit support provider or other Person)change in ownership, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentence, but may make a single deposit in the Collection Account in immediately available funds not later than 11:00 a.m., New York City time, on the Business Day preceding each Payment Distribution Date in an amount equal following the Due Period with respect to which such deposit relates. Subject to the first proviso in Section 8.05, but notwithstanding anything else in this Indenture or the Transfer and Servicing Agreement to the contrary, with respect to any Due Period, whether the Servicer is required to make deposits of Collections received during pursuant to the first or the second preceding sentence, (i) the Servicer will only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on or prior to the related Distribution Date to Noteholders or to any Series Enhancer pursuant to the terms of any Indenture Supplement or Enhancement Agreement and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Period. If Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer fails will be permitted to make the deposit required by the preceding sentence by 11:00 a.m., New York City time, on the Business Day preceding the Payment Date, direct the Indenture Trustee shall promptly make a claim for payment to withdraw the excess from the Collection Account and pay such amount pursuant to the terms of the applicable amounts under Transaction Documents. Subject to the Performance Support Agreement. The immediately preceding sentence, the Servicer may retain funds constituting Collections in an amount equal to its accrued and unpaid Servicing Fee with respect to a Series and shall not be required to deposit such funds it in the Collection Account.

Appears in 1 contract

Samples: Household Affinity Funding Corp Iii

Collections and Allocations. The Servicer shall applypursuant to the terms of the Transfer and Servicing Agreement (or, or if the authority of the Servicer has been revoked pursuant to Section 10.01 of the Transfer and Servicing Agreement, the Indenture Trustee, or, if a Successor Servicer has been appointed, the Successor Servicer) shall instruct the Indenture Trustee in writing (which instruction may be included in the Monthly Servicer Report) Collateral Agent to apply and the Indenture Trustee shall apply, all funds on deposit in the Collection Account as described in this Article VIIIIII and in any Indenture Supplement for any Series. Except as otherwise provided below, the Servicer pursuant to the terms of Transfer and Servicing Agreement shall deposit Collections with respect to the Asset Pool One Receivables into the Collection Account for Asset Pool One as promptly as possible after the date Date of processing Processing of such Collections, but in no event later than the second (2nd) Business Day following the date Date of processing Processing and shall deposit Collections received with respect to the Asset Pool One Collateral Certificates with respect to any Monthly Period into the Collection Account for Asset Pool One no later than the First Note Transfer Date in the next succeeding Monthly Period. Subject to the express terms of such Collection by the applicable Subservicerany Indenture Supplement, or if such Collection was received directly by the Servicer, the Servicer. Notwithstanding but notwithstanding anything else in this Asset Pool One Supplement, the Indenture or the Sale Transfer and Servicing Agreement to the contrary, for so as long as: as Chase USA remains the Servicer under the Transfer and Servicing Agreement and (ai) no Early Amortization Servicer Rating Event or Event of Default has shall have occurred and is continuing; be continuing or (ii) Chase USA obtains a guarantee or letter of credit covering risk of collection with respect to its deposit and payment obligations under the Transfer and Servicing Agreement (bin form and substance satisfactory to each Note Rating Agency) the Servicer or, so long as the Performance Support Provider is guaranteeing the obligations of the Servicer pursuant to the Performance Support Agreement, the Performance Support Provider maintains from a long guarantor having a short-term credit rating of at least AA-1from Standard & Poor’s or higher and a short term “P-1” from Xxxxx’x or “F1” from Fitch (or such other rating of below “A-1” or higher from S&P “P-1” or, to the extent rated by Fitch, “F1,” as the case may be, which is acceptable to such Note Rating Agency), or (it being understood that, in order iii) the Note Rating Agency Condition will have been satisfied despite the Servicer’s inability to satisfy the rating requirement specified in clause (i) or (ii) above, or (iv) for 5 Business Days following any reduction of any such rating requirement or failure to satisfy the Servicer conditions specified in clause (i) or the Performance Support Provider itself, as applicable, must maintain such rating and such rating may not be based on the rating of any affiliate, credit support provider or other Person)(ii) above, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentenceparagraph, but may make a single deposit deposits in an amount equal to the net amount of such deposits and payments which would have been made with respect to Asset Pool One Notes to receive payments on the related Payment Date had the conditions of this sentence not applied, into the Collection Account in immediately available funds not later than 11:00 a.m.1:00 p.m., New York City time, on each applicable Note Transfer Date following the Business Day preceding each Payment Date Monthly Period with respect to which such deposit relates. To the extent that, in an amount equal to the Collections received during the related Collection Period. If accordance with this Section 3.1, the Servicer fails has retained amounts which would otherwise be required to make be deposited into the deposit required by the preceding sentence by 11:00 a.m., New York City time, on the Business Day preceding the Payment DateCollection Account or any Supplemental Bank Account with respect to any Monthly Period, the Indenture Trustee Servicer shall promptly make a claim for payment of the applicable amounts under the Performance Support Agreement. The Servicer may retain funds constituting Collections in an amount equal to its accrued and unpaid Servicing Fee and shall not be required to deposit such funds amounts in the Collection Account or such Supplemental Bank Account on the applicable Note Transfer Date to the extent necessary to make required distributions on the related Payment Date. Notwithstanding anything in this Asset Pool One Supplement to the contrary, unless otherwise specified in the Indenture or any Indenture Supplement, the Servicer need not deposit any amount allocated to be paid to any Transferor pursuant to the Indenture, this Asset Pool One Supplement or any applicable Indenture Supplement into the Collection Account or any Supplemental Bank Account, but shall pay such amounts as collected to the applicable Transferor.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (First Usa Credit Card Master Trust)

Collections and Allocations. The Servicer shall apply, or shall instruct the Indenture Trustee in writing (which instruction may be included in the Monthly Servicer Report) to apply and the Indenture Trustee shall apply, all funds on deposit in the Collection Account as described in this Article VIII. Except as otherwise provided below, the Servicer shall deposit Collections into the Collection Account as promptly as possible after the date of processing of such Collections, but in no event later than the second (2nd) Business Day following the date of processing of such Collection by the applicable Subservicer, or if such Collection was received directly by the Servicer, the Servicer. Notwithstanding anything else in this Indenture or the Sale and Servicing Agreement to the contrary, for so long as: (a) no Early Amortization Event or Event of Default has occurred and is continuing; and (b) the Servicer or, so long as the Performance Support Provider is guaranteeing the obligations of the Servicer pursuant to the Performance Support Agreement, the Performance Support Provider maintains a long term rating of “A” or higher and a short term rating of “A-1R-1 (middle)” or higher from S&P DBRS (it being understood that, in order to satisfy such rating requirement the Servicer or the Performance Support Provider itself, as applicable, must maintain such rating and such rating may not be based on the rating of any affiliate, credit support provider or other Person), the Servicer need not make the deposits of Collections into the Collection Account as provided in the preceding sentence, but may make a single deposit in the Collection Account in immediately available funds not later than 11:00 a.m., New York City time, on the Business Day preceding each Payment Date in an amount equal to the Collections received during the related Collection Period. If the Servicer fails to make the deposit required by the preceding sentence by 11:00 a.m., New York City time, on the Business Day preceding the Payment Date, the Indenture Trustee shall promptly make a claim for payment of the applicable amounts under the Performance Support Agreement. The Servicer may retain funds constituting Collections in an amount equal to its accrued and unpaid Servicing Fee and shall not be required to deposit such funds in the Collection Account.

Appears in 1 contract

Samples: Indenture (OneMain Financial Holdings, Inc.)

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