Common use of Claims Under Policy Clause in Contracts

Claims Under Policy. (a) If on any Determination Date the Servicer has reported to the Trustee in the Monthly Servicer Report that the Servicer has determined that (A) as of the opening of business of the Trustee on such Determination Date, the amount of Available Funds on deposit in the Collection Account, together with any amounts on deposit in the Reserve Account and the Note Payment Account, are insufficient to provide for the payment in full of the Interest Distributable Amount payable on the related Payment Date (after giving effect to each payment required to be made prior to such payment on such Payment Date pursuant to Section 4.04(b)), and/or (B) if such Payment Date is the Final Payment Date and the Note Balance has not been reduced to zero prior to such Determination Date, and all amounts then on deposit in the Collection Account, together with any amounts then on deposit in the Reserve Account and the Note Payment Account are insufficient to make a payment to the Noteholders reducing the Note Balance to zero (after giving effect to each payment required to be made prior to such payment on the Final Payment Date pursuant to Section 4.04(b)), then by 2:00 p.m., New York time on such Determination Date, the Trustee shall deliver to the Note Insurer and the Servicer a completed notice for payment in the form set forth as Exhibit A to the Policy (the "Notice for Payment"), and shall confirm delivery of such Notice for Payment, each as specified in the Policy. The Notice for Payment shall specify the amount of the Interest Deficiency Draw Amount and/or the Final Principal Deficiency Amount (as each such term is defined in the Policy) and shall constitute a claim pursuant to the Policy. Upon receipt of any payments on behalf of the Trust under the Policy, the Trustee shall deposit any Interest Deficiency Draw Amount and/or Principal Deficiency Draw Amount in the Note Payment Account. Such amounts shall be distributed pursuant to Section 4.04.

Appears in 7 contracts

Samples: Indenture and Servicing Agreement (Creditrust Corp), Indenture and Servicing Agreement (MCM Capital Group Inc), Indenture and Servicing Agreement (Creditrust Corp)

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Claims Under Policy. (a) If on any Determination Date In the Servicer has reported to the Trustee in the Monthly Servicer Report event that the Servicer Trust Collateral Agent has determined that (A) as of the opening of business of the Trustee on such delivered a Deficiency Notice with respect to any Determination Date, the Trust Collateral Agent shall determine on the related Draw Date whether the sum of (i) the amount of Available Funds on deposit with respect to such Determination Date (as stated in the Collection AccountServicer's Certificate with respect to such Determination Date) plus (ii) the amount of the Deficiency Claim Amount, together if any, available to be distributed pursuant to the Spread Account Agreement by the Collateral Agent to the Trust Collateral Agent pursuant to a Deficiency Notice delivered with any amounts on deposit respect to such Payment Date (as stated in the Reserve certificate delivered on the immediately preceding Deficiency Claim Date by the Collateral Agent pursuant to Section 3.03(a) of the Spread Account Agreement) plus (iii) the amount of the remaining Deficiency Claim Amount, if any, available to be withdrawn from the Supplemental Enhancement Amount would be insufficient, after giving effect to the payments required by Section 5.6(c)(i) and (ii), to pay the Scheduled Payments for the related Payment Date, then in such event the Trust Collateral Agent shall furnish to the Note Insurer no later than 12:00 noon New York City time on the related Draw Date a completed Notice of Claim in the amount of the shortfall in amounts so available to pay the Scheduled Payments with respect to such Payment Date (the amount of any such shortfall being hereinafter referred to as the "Policy Claim Amount"). Amounts paid by the Note Insurer under the Policy shall be deposited by the Trust Collateral Agent into the Policy Payments Account and thereafter into the Note Payment Account, are insufficient Account for payment to provide for the payment in full of the Interest Distributable Amount payable Class A Noteholders on the related Payment Date (after giving effect to each payment required to be made prior to such or promptly following payment on such Payment Date pursuant to Section 4.04(b)), and/or (B) if such Payment Date is the Final Payment Date and the Note Balance has not been reduced to zero prior to such Determination Date, and all amounts then on deposit in the Collection Account, together with any amounts then on deposit in the Reserve Account and the Note Payment Account are insufficient to make a payment to the Noteholders reducing the Note Balance to zero (after giving effect to each payment required to be made prior to such payment on the Final Payment Date pursuant to Section 4.04(b)), then by 2:00 p.m., New York time on such Determination Date, the Trustee shall deliver to the Note Insurer and the Servicer a completed notice for payment in the form later date as set forth as Exhibit A to the Policy (the "Notice for Payment"), and shall confirm delivery of such Notice for Payment, each as specified in the Policy. The Notice for Payment shall specify the amount of the Interest Deficiency Draw Amount and/or the Final Principal Deficiency Amount (as each such term is defined in the Policy) and shall constitute a claim pursuant to the Policy. Upon receipt of any payments on behalf of the Trust under the Policy, the Trustee shall deposit any Interest Deficiency Draw Amount and/or Principal Deficiency Draw Amount in the Note Payment Account. Such amounts shall be distributed pursuant to Section 4.04).

Appears in 5 contracts

Samples: Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp. II), Sale and Servicing Agreement (Long Beach Acceptance Corp), Sale and Servicing Agreement (Long Beach Acceptance Corp. Auto Receivables Trust 2006-A)

Claims Under Policy. (a) If on any Determination Date In the Servicer has reported to the Trustee in the Monthly Servicer Report event that the Servicer Trust Collateral Agent has determined that (A) as of the opening of business of the Trustee on such delivered a Deficiency Notice with respect to any Determination Date, the Trust Collateral Agent shall determine on the related Draw Date whether the sum of (i) the amount of Available Funds on deposit with respect to such Determination Date (as stated in the Collection AccountServicer's Certificate with respect to such Determination Date) plus (ii) the amount of the Deficiency Claim Amount, together if any, available to be distributed pursuant to the Spread Account Agreement by the Collateral Agent to the Trust Collateral Agent pursuant to a Deficiency Notice delivered with any amounts on deposit respect to such Payment Date (as stated in the Reserve certificate delivered on the immediately preceding Deficiency Claim Date by the Collateral Agent pursuant to Section 3.03(a) of the Spread Account Agreement) would be insufficient, after giving effect to the payments required by Section 5.6(c)(i) and (ii), to pay the Scheduled Payments for the related Payment Date, then in such event the Trust Collateral Agent shall furnish to the Note Insurer no later than 12:00 noon New York City time on the related Draw Date a completed Notice of Claim in the amount of the shortfall in amounts so available to pay the Scheduled Payments with respect to such Payment Date (the amount of any such shortfall being hereinafter referred to as the "Policy Claim Amount"). Amounts paid by the Note Insurer under the Policy shall be deposited by the Trust Collateral Agent into the Policy Payments Account and thereafter into the Note Payment Account, are insufficient Account for payment to provide for the payment in full of the Interest Distributable Amount payable Class A Noteholders on the related Payment Date (after giving effect to each payment required to be made prior to such or promptly following payment on such Payment Date pursuant to Section 4.04(b)), and/or (B) if such Payment Date is the Final Payment Date and the Note Balance has not been reduced to zero prior to such Determination Date, and all amounts then on deposit in the Collection Account, together with any amounts then on deposit in the Reserve Account and the Note Payment Account are insufficient to make a payment to the Noteholders reducing the Note Balance to zero (after giving effect to each payment required to be made prior to such payment on the Final Payment Date pursuant to Section 4.04(b)), then by 2:00 p.m., New York time on such Determination Date, the Trustee shall deliver to the Note Insurer and the Servicer a completed notice for payment in the form later date as set forth as Exhibit A to the Policy (the "Notice for Payment"), and shall confirm delivery of such Notice for Payment, each as specified in the Policy. The Notice for Payment shall specify the amount of the Interest Deficiency Draw Amount and/or the Final Principal Deficiency Amount (as each such term is defined in the Policy) and shall constitute a claim pursuant to the Policy. Upon receipt of any payments on behalf of the Trust under the Policy, the Trustee shall deposit any Interest Deficiency Draw Amount and/or Principal Deficiency Draw Amount in the Note Payment Account. Such amounts shall be distributed pursuant to Section 4.04).

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Long Beach Acceptance Auto Receivables Trust 2005-A), Sale and Servicing Agreement (Long Beach Acceptance Corp. Auto Receivables Trust 2004-B), Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp.)

Claims Under Policy. (axv) If on any Determination Date In the Servicer has reported to event that the Trustee in the Monthly Servicer Report that the Servicer has determined that (A) as of the opening of business of the Trustee on such Determination Date, the amount of Available Funds on deposit in the Collection Account, together delivered a Deficiency Notice with respect to any amounts on deposit in the Reserve Account and the Note Payment Account, are insufficient to provide for the payment in full of the Interest Distributable Amount payable on the related Payment Date (after giving effect to each payment required to be made prior to such payment on such Payment Date pursuant to Section 4.04(b)), and/or (B) if such Payment Date is the Final Payment Date and the Note Balance has not been reduced to zero prior to such Determination Date, and all amounts then on deposit in the Collection Account, together with any amounts then on deposit in the Reserve Account and the Note Payment Account are insufficient to make a payment to the Noteholders reducing the Note Balance to zero (after giving effect to each payment required to be made prior to such payment on the Final Payment Date pursuant to Section 4.04(b)), then by 2:00 p.m., New York time on such Determination Date, the Trustee shall deliver determine on the related Draw Date whether the sum of (i) the amount of Total Distribution Amount with respect to the Note Insurer and the Servicer a completed notice for payment such Determination Date (as stated in the form set forth as Exhibit A Servicer's Certificate with respect to the Policy such Determination Date) plus (the "Notice for Payment"), and shall confirm delivery of such Notice for Payment, each as specified in the Policy. The Notice for Payment shall specify ii) the amount of the Interest Deficiency Draw Amount and/or the Final Principal Deficiency Amount (as each such term is defined in the Policy) and shall constitute a claim pursuant Claim Amount, if any, available to the Policy. Upon receipt of any payments on behalf of the Trust under the Policy, the Trustee shall deposit any Interest Deficiency Draw Amount and/or Principal Deficiency Draw Amount in the Note Payment Account. Such amounts shall be distributed pursuant to the Spread Account Agreement by the Collateral Agent to the Trustee pursuant to a Deficiency Notice delivered with respect to such Distribution Date (as stated in the certificate delivered on the immediately preceding Deficiency Claim Date by the Collateral Agent pursuant to Section 4.043.03(a) of the Spread Account Agreement) would be insufficient, after giving effect to the distributions required by Section 4.6(c)(i) and (ii), to pay the Guaranteed Distributions for the related Distribution Date, then in such event the Trustee shall furnish to the Certificate Insurer no later than 12:00 noon New York City time on the related Draw Date a completed Notice of Claim in the amount of the shortfall in amounts so available to pay the Guaranteed Distributions with respect to such Distribution Date (the amount of any such shortfall being hereinafter referred to as the "Policy Claim Amount"). Amounts paid by the Certificate Insurer under the Policy shall be deposited by the Trustee into the Policy Payments Account and thereafter into the Certificate Account for payment to Class A Certificateholders on the related Distribution Date (or promptly following payment on a later date as set forth in the Policy).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Holdings Corp)

Claims Under Policy. (aa)(i) If on any Determination ------------------- Date the Servicer has reported to the Trustee in the Monthly Servicer Report Servicer's Certificate that the Servicer has determined that (A) as of the opening of business of the Trustee on that for such Determination Date, Monthly Collection Period the amount of Available Funds to be on deposit in the Collection Interest Distribution Account, together with including any amounts Reserve Fund Interest Transfer Amount to be transferred on deposit in the Reserve Account and the Note Payment Accountrelated Deposit Date, are is insufficient to provide for the payment in full of the Interest Distributable Amount payable on such Distribution Date or the related Payment Date (after giving effect to each payment required amount to be made prior to such payment on such Payment Date pursuant to Section 4.04(b)), and/or (B) if such Payment Date is the Final Payment Date and the Note Balance has not been reduced to zero prior to such Determination Date, and all amounts then on deposit in the Collection Principal Distribution Account, together with including any amounts Reserve Fund Principal Transfer Amount to be transferred on the related Deposit Date, is insufficient to provide for the Principal Distributable Amount on such Distribution Date, then on deposit in the Reserve Account and the Note Payment Account are insufficient to make a payment to the Noteholders reducing the Note Balance to zero (after giving effect to each payment required to be made prior to such payment on the Final Payment Date pursuant to Section 4.04(b)), then by 2:00 p.m., New York time on such Determination Date, next Business Day the Trustee shall deliver to furnish the Note Certificate Insurer and the Servicer with a completed notice for payment in the form set forth as Exhibit A to the Policy (the "Notice ------ for Payment"), and shall confirm delivery of such Notice for Payment, each as specified in the Policy. The Notice for Payment shall specify the amount of the Interest ----------- Deficiency Draw Amount and/or the Final Principal Deficiency Draw Amount (as each such term is defined in the Policy) and shall constitute a claim pursuant to the Policy. Upon receipt of any payments on behalf of the Trust Certificateholders under the Policy, the Trustee shall deposit any Interest Deficiency Draw Amount and/or in the Interest Distribution Account and deposit any Principal Deficiency Draw Amount in the Note Payment Principal Distribution Account. Such amounts shall be distributed pursuant to Section 4.04.6.07. ------------

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chevy Chase Bank FSB)

Claims Under Policy. (a) If on any Determination Date In the Servicer has reported to the Trustee in the Monthly Servicer Report event that the Servicer Trust Collateral Agent has determined that (A) as of the opening of business of the Trustee on such delivered a Deficiency Notice with respect to any Determination Date, the Trust Collateral Agent shall determine on the related Draw Date whether the sum of (i) the amount of Available Funds on deposit Funds, net of the Senior Strip, with respect to such Determination Date (as stated in the Collection AccountServicer's Certificate with respect to such Determination Date) plus (ii) the amount of the Deficiency Claim Amount, together if any, available to be distributed pursuant to the Spread Account Agreement by the Collateral Agent to the Trust Collateral Agent pursuant to a Deficiency Notice delivered with any amounts on deposit respect to such Payment Date (as stated in the Reserve certificate delivered on the immediately preceding Deficiency Claim Date by the Collateral Agent pursuant to Section 3.03(a) of the Spread Account Agreement) would be insufficient, after giving effect to the payments required by Section 5.6(c)(i) and (ii), to pay the Insured Payments for the related Payment Date, then in such event the Trust Collateral Agent shall furnish to the Note Insurer no later than 12:00 noon New York City time on the related Draw Date a completed Notice of Claim in the amount of the shortfall in amounts so available to pay the Insured Payments with respect to such Payment Date (the amount of any such shortfall being hereinafter referred to as the "Policy Claim Amount"). Amounts paid by the Note Insurer under the Policy shall be deposited by the Trust Collateral Agent into the Policy Payments Account and thereafter into the Note Payment Account, are insufficient Account for payment to provide for the payment in full of the Interest Distributable Amount payable Class A Noteholders on the related Payment Date (after giving effect to each payment required to be made prior to such or promptly following payment on such Payment Date pursuant to Section 4.04(b)), and/or (B) if such Payment Date is the Final Payment Date and the Note Balance has not been reduced to zero prior to such Determination Date, and all amounts then on deposit in the Collection Account, together with any amounts then on deposit in the Reserve Account and the Note Payment Account are insufficient to make a payment to the Noteholders reducing the Note Balance to zero (after giving effect to each payment required to be made prior to such payment on the Final Payment Date pursuant to Section 4.04(b)), then by 2:00 p.m., New York time on such Determination Date, the Trustee shall deliver to the Note Insurer and the Servicer a completed notice for payment in the form later date as set forth as Exhibit A to the Policy (the "Notice for Payment"), and shall confirm delivery of such Notice for Payment, each as specified in the Policy. The Notice for Payment shall specify the amount of the Interest Deficiency Draw Amount and/or the Final Principal Deficiency Amount (as each such term is defined in the Policy) and shall constitute a claim pursuant to the Policy. Upon receipt of any payments on behalf of the Trust under the Policy, the Trustee shall deposit any Interest Deficiency Draw Amount and/or Principal Deficiency Draw Amount in the Note Payment Account. Such amounts shall be distributed pursuant to Section 4.04).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Long Beach Acceptance Corp)

Claims Under Policy. (aa)(i) If on any Determination ------------------- Date the Servicer has reported to the Trustee in the Monthly Servicer Report Servicer's Certificate that the Servicer has determined that (A) as of the opening of business of the Trustee on that for such Determination Date, Monthly Collection Period the amount of Available Funds to be on deposit in the Collection Interest Distribution Account, together with including any amounts Reserve Fund Interest Transfer Amount to be transferred on deposit in the Reserve Account and the Note Payment Accountrelated Deposit Date, are is insufficient to provide for the payment in full of the Interest Distributable Amount payable on such Distribution Date or the related Payment Date (after giving effect to each payment required amount to be made prior to such payment on such Payment Date pursuant to Section 4.04(b)), and/or (B) if such Payment Date is the Final Payment Date and the Note Balance has not been reduced to zero prior to such Determination Date, and all amounts then on deposit in the Collection Principal Distribution Account, together with including any amounts then Reserve Fund Principal Transfer Amount to be transferred on deposit in the Reserve Account and the Note Payment Account are related Deposit Date, is insufficient to make a payment to provide for the Noteholders reducing the Note Balance to zero (after giving effect to each payment required to be made Principal Distributable Amount on such Distribution Date, then prior to such payment 1.00 p.m. New York City time on the Final Payment Date pursuant to Section 4.04(b)), then by 2:00 p.m., New York time on such Determination Date, next Business Day the Trustee shall deliver to furnish the Note Certificate Insurer and the Servicer with a completed notice for payment in the form set forth as Exhibit A to the Policy (the "Notice for Payment"), and shall confirm delivery of such Notice for Payment, each as specified in the Policy. The Notice for Payment ------------------ shall specify the amount of the Interest Deficiency Draw Amount and/or the Final Principal Deficiency Draw Amount (as each such term is defined in the Policy) and shall constitute a claim pursuant to the Policy. Upon receipt of any payments on behalf of the Trust Certificateholders under the Policy, the Trustee shall deposit any Interest Deficiency Draw Amount and/or in the Interest Distribution Account and deposit any Principal Deficiency Draw Amount in the Note Payment Principal Distribution Account. Such amounts shall be distributed pursuant to Section 4.04.6.07. ------------

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chevy Chase Bank FSB)

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Claims Under Policy. (a) If on any Determination Date In the Servicer has reported to the Trustee in the Monthly Servicer Report event that the Servicer Trust Collateral Agent has determined that (A) as of the opening of business of the Trustee on such delivered a Deficiency Notice with respect to any Determination Date, the Trust Collateral Agent shall determine on the related Draw Date whether the sum of (i) the amount of Available Funds on deposit Funds, net of the Senior Strip, with respect to such Determination Date (as stated in the Collection AccountServicer's Certificate with respect to such Determination Date) plus (ii) the amount of the Deficiency Claim Amount, together if any, available to be distributed pursuant to the Spread Account Agreement by the Collateral Agent to the Trust Collateral Agent pursuant to a Deficiency Notice delivered with any amounts on deposit respect to such Payment Date (as stated in the Reserve certificate delivered on the immediately preceding Deficiency Claim Date by the Collateral Agent pursuant to Section 3.03(a) of the Spread Account Agreement) would be insufficient, after giving effect to the payments required by Section 5.6(c)(i) and (ii), to pay the Scheduled Payments for the related Payment Date, then in such event the Trust Collateral Agent shall furnish to the Note Insurer no later than 12:00 noon New York City time on the related Draw Date a completed Notice of Claim in the amount of the shortfall in amounts so available to pay the Scheduled Payments with respect to such Payment Date (the amount of any such shortfall being hereinafter referred to as the "Policy Claim Amount"). Amounts paid by the Note Insurer under the Policy shall be deposited by the Trust Collateral Agent into the Policy Payments Account and thereafter into the Note Payment Account, are insufficient Account for payment to provide for the payment in full of the Interest Distributable Amount payable Class A Noteholders on the related Payment Date (after giving effect to each payment required to be made prior to such or promptly following payment on such Payment Date pursuant to Section 4.04(b)), and/or (B) if such Payment Date is the Final Payment Date and the Note Balance has not been reduced to zero prior to such Determination Date, and all amounts then on deposit in the Collection Account, together with any amounts then on deposit in the Reserve Account and the Note Payment Account are insufficient to make a payment to the Noteholders reducing the Note Balance to zero (after giving effect to each payment required to be made prior to such payment on the Final Payment Date pursuant to Section 4.04(b)), then by 2:00 p.m., New York time on such Determination Date, the Trustee shall deliver to the Note Insurer and the Servicer a completed notice for payment in the form later date as set forth as Exhibit A to the Policy (the "Notice for Payment"), and shall confirm delivery of such Notice for Payment, each as specified in the Policy. The Notice for Payment shall specify the amount of the Interest Deficiency Draw Amount and/or the Final Principal Deficiency Amount (as each such term is defined in the Policy) and shall constitute a claim pursuant to the Policy. Upon receipt of any payments on behalf of the Trust under the Policy, the Trustee shall deposit any Interest Deficiency Draw Amount and/or Principal Deficiency Draw Amount in the Note Payment Account. Such amounts shall be distributed pursuant to Section 4.04).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Long Beach Acceptance Corp)

Claims Under Policy. (a) If on any Determination Date In the Servicer has reported to event that the Trustee in the Monthly Servicer Report that the Servicer has determined that (A) as of the opening of business of the Trustee on such Determination Date, the amount of Available Funds on deposit in the Collection Account, together delivered a Deficiency Notice with respect to any amounts on deposit in the Reserve Account and the Note Payment Account, are insufficient to provide for the payment in full of the Interest Distributable Amount payable on the related Payment Date (after giving effect to each payment required to be made prior to such payment on such Payment Date pursuant to Section 4.04(b)), and/or (B) if such Payment Date is the Final Payment Date and the Note Balance has not been reduced to zero prior to such Determination Date, and all amounts then on deposit in the Collection Account, together with any amounts then on deposit in the Reserve Account and the Note Payment Account are insufficient to make a payment to the Noteholders reducing the Note Balance to zero (after giving effect to each payment required to be made prior to such payment on the Final Payment Date pursuant to Section 4.04(b)), then by 2:00 p.m., New York time on such Determination Date, the Trustee shall deliver determine on the related Draw Date whether the sum of (i) the amount of Available Funds with respect to such Determination Date (as stated in the Servicer's Certificate with respect to such Determination Date) plus (ii) the amount actually received by the Trustee from the Spread Account Trustee as a result of a Deficiency Notice with respect to such Distribution Date (as stated in the certificate delivered on the immediately preceding Deficiency Claim Date by the Spread Account Trustee pursuant to Section 3.03(a) of the Spread Account Agreement) would be insufficient, after giving effect to the Note distributions required by SECTION 5.5(B)(I)-(II), to pay the Class A Distributable Amount for the related Distribution Date. If the above sum is insufficient, then the Trustee shall furnish to the Certificate Insurer and no later than 10:00 a.m. New York City time on the Servicer related Draw Date a completed notice for payment Notice of Claim in the form set forth as Exhibit A to the Policy (the "Notice for Payment"), and shall confirm delivery of such Notice for Payment, each as specified in the Policy. The Notice for Payment shall specify the amount of the shortfall in amounts so available to pay the Class A Interest Deficiency Draw Distributable Amount and/or and the Final Class A Principal Deficiency Distributable Amount with respect to such Distribution Date (the amount of any such shortfall being hereinafter referred to as each such term is defined the "POLICY CLAIM AMOUNT"). Amounts paid by the Certificate Insurer under the Policy shall be deposited by the Trustee into the Policy Payments Account and thereafter into the Collection Account for payment to Class A Certificateholders on the related Distribution Date (or promptly following payment on a later date as set forth in the Policy) and shall constitute a claim pursuant to the Policy. Upon receipt of any payments on behalf of the Trust under the Policy, the Trustee shall deposit any Interest Deficiency Draw Amount and/or Principal Deficiency Draw Amount in the Note Payment Account. Such amounts shall be distributed pursuant to Section 4.04).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Painewebber Asset Acceptance Corp)

Claims Under Policy. (a) If on any Determination Date In the Servicer has reported to event that the Trustee in the Monthly Servicer Report that the Servicer has determined that (A) as of the opening of business of the Trustee on such Determination Date, the amount of Available Funds on deposit in the Collection Account, together delivered a Deficiency Notice with respect to any amounts on deposit in the Reserve Account and the Note Payment Account, are insufficient to provide for the payment in full of the Interest Distributable Amount payable on the related Payment Date (after giving effect to each payment required to be made prior to such payment on such Payment Date pursuant to Section 4.04(b)), and/or (B) if such Payment Date is the Final Payment Date and the Note Balance has not been reduced to zero prior to such Determination Date, and all amounts then on deposit in the Collection Account, together with any amounts then on deposit in the Reserve Account and the Note Payment Account are insufficient to make a payment to the Noteholders reducing the Note Balance to zero (after giving effect to each payment required to be made prior to such payment on the Final Payment Date pursuant to Section 4.04(b)), then by 2:00 p.m., New York time on such Determination Date, the Trustee shall deliver determine on the related Draw Date whether the sum of (i) the amount of Total Distribution Amount with respect to the Note Insurer and the Servicer a completed notice for payment such Determination Date (as stated in the form set forth as Exhibit A Servicer's Certificate with respect to the Policy such Determination Date) plus (the "Notice for Payment"), and shall confirm delivery of such Notice for Payment, each as specified in the Policy. The Notice for Payment shall specify ii) the amount of the Interest Deficiency Draw Amount and/or the Final Principal Deficiency Amount (as each such term is defined in the Policy) and shall constitute a claim pursuant Claim Amount, if any, available to the Policy. Upon receipt of any payments on behalf of the Trust under the Policy, the Trustee shall deposit any Interest Deficiency Draw Amount and/or Principal Deficiency Draw Amount in the Note Payment Account. Such amounts shall be distributed pursuant to the Spread Account Agreement by [the Collateral Agent] to the Trustee pursuant to a Deficiency Notice delivered with respect to such Distribution Date (as stated in the certificate delivered on the immediately preceding Deficiency Claim Date by [the Collateral Agent] pursuant to Section 4.043.03(a) of the Spread Account Agreement) would be insufficient, after giving effect to the distributions required by Section 4.6(c)(i) and (ii), to pay the Guaranteed Distributions for the related Distribution Date, then in such event the Trustee shall furnish to the Certificate Insurer no later than 12:00 noon New York City time on the related Draw Date a completed Notice of Claim in the amount of the shortfall in amounts so available to pay the Guaranteed Distributions with respect to such Distribution Date (the amount of any such shortfall being hereinafter referred to as the "Policy Claim Amount"). Amounts paid by the Certificate Insurer under the Policy shall be deposited by the Trustee into the Policy Payments Account and thereafter into the Certificate Account for payment to Class A Certificateholders on the related Distribution Date (or promptly following payment on a later date as set forth in the Policy).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Acceptance Corp)

Claims Under Policy. (a) If on any Determination Date In the Servicer has reported to the Trustee in the Monthly Servicer Report event that the Servicer Trust Collateral Agent has determined that (A) as of the opening of business of the Trustee on such delivered a Deficiency Notice with respect to any Determination Date, the Trust Collateral Agent shall determine on the related Draw Date whether the sum of (i) the amount of Available Funds on deposit with respect to such Determination Date (as stated in the Collection AccountServicer's Certificate with respect to such Determination Date) plus (ii) the amount of the Deficiency Claim Amount, together if any, available to be distributed pursuant to the Spread Account Agreement by the Collateral Agent to the Trust Collateral Agent pursuant to a Deficiency Notice delivered with any amounts on deposit respect to such Payment Date (as stated in the Reserve certificate delivered on the immediately preceding Deficiency Claim Date by the Collateral Agent pursuant to Section 3.03(a) of the Spread Account Agreement) would be insufficient, after giving effect to the payments required by Section 5.6(c)(i) and (ii), to pay the Scheduled Payments for the related Payment Date, then in such event the Trust Collateral Agent shall furnish to the Note Insurer no later than 12:00 noon New York City time on the related Draw Date a completed Notice of Claim in the amount of the shortfall in amounts so available to pay the Scheduled Payments with respect to such Payment Date (the amount of any such shortfall being hereinafter referred to as the "Policy Claim Amount"). Amounts paid by the Note Insurer under the Policy shall be deposited by the Trust Collateral Agent into the Policy Payments Account and thereafter into the Note Payment Account, are insufficient Account for payment to provide for the payment in full of the Interest Distributable Amount payable Noteholders on the related Payment Date (after giving effect to each payment required to be made prior to such or promptly following payment on such Payment Date pursuant to Section 4.04(b)), and/or (B) if such Payment Date is the Final Payment Date and the Note Balance has not been reduced to zero prior to such Determination Date, and all amounts then on deposit in the Collection Account, together with any amounts then on deposit in the Reserve Account and the Note Payment Account are insufficient to make a payment to the Noteholders reducing the Note Balance to zero (after giving effect to each payment required to be made prior to such payment on the Final Payment Date pursuant to Section 4.04(b)), then by 2:00 p.m., New York time on such Determination Date, the Trustee shall deliver to the Note Insurer and the Servicer a completed notice for payment in the form later date as set forth as Exhibit A to the Policy (the "Notice for Payment"), and shall confirm delivery of such Notice for Payment, each as specified in the Policy. The Notice for Payment shall specify the amount of the Interest Deficiency Draw Amount and/or the Final Principal Deficiency Amount (as each such term is defined in the Policy) and shall constitute a claim pursuant to the Policy. Upon receipt of any payments on behalf of the Trust under the Policy, the Trustee shall deposit any Interest Deficiency Draw Amount and/or Principal Deficiency Draw Amount in the Note Payment Account. Such amounts shall be distributed pursuant to Section 4.04).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Long Beach Holdings Corp)

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