Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the Receivables, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the Borrower, and shall be deemed to be holding such funds in trust on behalf of and as agent for the Borrower. The Servicer, consistent with the Credit and Collection Policy in effect at the time of acting, shall service, manage, administer, and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent with this Agreement. The Servicer may in its discretion grant extensions, rebates, or adjustments on a Contract or amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, not including interest on the Principal Balance, that may be collected in the ordinary course of servicing a Receivable. If Lendbuzz Funding is no longer the Servicer, the Servicer shall also enforce any and all rights of the Borrower under the Purchase Agreement (including each Purchase Agreement Supplement) including the right to require Lendbuzz Funding to repurchase Receivables for breaches of representations and warranties made by Lendbuzz Funding. (ii) Consistent with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the Obligor. The Servicer shall continue its efforts to obtain payment from an Obligor who is past due or delinquent on a Receivable until the related Financed Vehicle has been repossessed and sold or the Servicer has determined that all amounts collectable on the Receivable have been collected. The Servicer shall use commercially reasonable efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a), to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection Account. (iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased. (iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 4 contracts
Sources: Loan Agreement (Lendbuzz Inc.), Loan Agreement (Lendbuzz Inc.), Loan Agreement (Lendbuzz Inc.)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the Receivables, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the Borrower, and shall be deemed to be holding such funds in trust on behalf of and as agent for the Borrower. The Servicer, consistent with the Credit and Collection Policy in effect at the time of acting, shall service, manage, administer, and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent with this Agreement. The Servicer may in its discretion grant extensions, rebates, or adjustments on a Contract or amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) but only as permitted by the Credit and Collection Policy then in effect. If ; provided that if any such modification occurs after the Termination Date, such Receivable Contract must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, not including interest on the Principal Balance, that may be collected in the ordinary course of servicing a Receivable. If Lendbuzz Funding is no longer the Servicer, the Servicer shall also enforce any and all rights of the Borrower under the Purchase Agreement (including each Purchase Agreement Supplement) including the right to require Lendbuzz Funding to repurchase Receivables for breaches of representations and warranties made by Lendbuzz Funding.
(ii) Consistent with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the Obligor. The Servicer shall continue its efforts to obtain payment from an Obligor who is past due or delinquent on a Receivable until the related Financed Vehicle has been repossessed and sold or the Servicer has determined that all amounts collectable on the Receivable have been collected. The Servicer shall use commercially reasonable efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a), to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection Account.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of receipt of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 2 contracts
Sources: Loan Agreement (Lendbuzz Inc.), Loan Agreement (Lendbuzz Inc.)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract or Receivable and (including modifying the APR or the amount of the Scheduled Payments2) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract such that its maturity date occurs later the date that is twelve (12) months after the last Scheduled Payment, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Purchase Agreement, including the right to require each related Originator to repurchase Receivables for breaches of its representations and warranties made by Lendbuzz Fundingand (C) its rights under the 2017-1A SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties relating to the eligibility of the North Carolina Receivables allocated to the 2017-1A SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated ReceivableExcept as otherwise provided in Section 7.03(c)(ii), the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of receipt by the applicable Subservicer, or if such amounts into Collection was received directly by the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance AccountServicer, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance AccountServicer.
Appears in 2 contracts
Sources: Credit Agreement (Regional Management Corp.), Credit Agreement (Regional Management Corp.)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract or Receivable and (including modifying the APR or the amount of the Scheduled Payments2) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract unless such extension complies with the Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Purchase Agreement, including the right to require each related Originator to repurchase Receivables for breaches of its representations and warranties made by Lendbuzz Fundingand (C) its rights under the 2021-1B SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties relating to the eligibility of the North Carolina Receivables allocated to the 2021-1B SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 2 contracts
Sources: Credit Agreement (Regional Management Corp.), Credit Agreement (Regional Management Corp.)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the Receivables, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerBorrower and the Secured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for the BorrowerSecured Parties; provided, however, that the Servicer shall not be empowered to, and shall not, (x) make or attempt to make any change to the Authoritative Copy of any Electronic Contract which constitutes or evidences a Receivable, (y) change or attempt to change the legend or watermark on any Electronic Contract which constitutes or evidences a Receivable or the “Owner of Record” of the Warehouse Vault Partition or (z) except (i) in connection with a Securitization permitted under the terms hereof, (ii) upon payment in full of a Receivable or (iii) as directed by the Borrower with the written consent of the Administrative Agent, cause any Electronic Contract which constitutes or evidences a Receivable to be Exported or otherwise removed from the Warehouse Vault Partition. The Servicer, consistent with the Credit and Collection Policy [***] in effect at the time of acting, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent with this Agreement. The Servicer may in its discretion grant extensions, rebates, rebates or adjustments on a Contract or as permitted by [***] then in effect, and amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b)[***]. The Servicer may in its discretion waive any late payment charge or any other fees, not including interest on the Principal BalanceBalance of a Receivable, that may be collected in the ordinary course of servicing a Receivable. If Lendbuzz Funding is no longer the Servicer, the The Servicer shall also enforce any and all rights of the Borrower under the Purchase Agreement (including each Purchase Agreement Supplement) including the right to require Lendbuzz Funding the Seller to repurchase Receivables for breaches of representations and warranties made by Lendbuzz Fundingthe Seller in the Purchase Agreement. Receivables in respect of which the Servicer has breached the foregoing provisions shall be purchased by the Servicer pursuant to Section 5.04.
(ii) Consistent with the Credit and Collection Policy, if any If [***]% or more of a Scheduled Payment due under a Receivable is past not received by the end of the day on its due or delinquent, in whole or in partdate, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts to obtain payment from an such Obligor who is past due has not paid [***]% or delinquent on more of a Receivable Scheduled Payment until the related Financed Vehicle has been repossessed and sold or the Servicer has determined that all amounts collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)[***], to collect funds on a Liquidated Defaulted Receivable and by the close of business on the second Business Day following receipt of such Collections to cause Collections, shall deposit such Collections to be deposited into the Collection either Account.
(iii) In the event a Receivable becomes a Liquidated Defaulted Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy[***], repossess or otherwise convert the ownership of the Financed Vehicle securing any such ReceivableReceivable as to which the Servicer shall have determined eventual payment in full is unlikely. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Payment Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Defaulted Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy[***], the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account as soon as possible but no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Lockbox Account.
Appears in 2 contracts
Sources: Warehouse Agreement (Vroom, Inc.), Warehouse Agreement (Vroom, Inc.)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract or Receivable and (including modifying the APR or the amount of the Scheduled Payments2) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract unless such extension complies with the Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Purchase Agreement, including the right to require each related Originator to repurchase Receivables for breaches of its representations and warranties made by Lendbuzz Fundingand (C) its rights under the 2021-1C SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties relating to the eligibility of the North Carolina Receivables allocated to the 2021-1C SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 2 contracts
Sources: Credit Agreement (Regional Management Corp.), Credit Agreement (Regional Management Corp.)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by Receivable in accordance with the Credit Policy and the Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion and (2) waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract unless such extension complies with the Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Master Purchase Agreement, including the right to require each related Originator to repurchase Receivables for breaches of its representations and warranties made by Lendbuzz Fundingand (C) its rights under the 2023-1A SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties relating to the eligibility of the North Carolina Receivables allocated to the 2023-1A SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five (5) Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 2 contracts
Sources: Credit Agreement (Regional Management Corp.), Credit Agreement (Regional Management Corp.)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the Receivables, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the Borrower, and shall be deemed to be holding such funds in trust on behalf of and as agent for the Borrower. The Servicer, consistent with the Credit and Collection Policy in effect at the time of acting, shall service, manage, administer, and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent with this Agreement. The Servicer may in its discretion grant extensions, rebates, or adjustments on a Contract or amend or modify any Contract (including modifying the APR or the amount of the Scheduled Dealer Payments) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, not including interest on the Principal Balance, that may be collected in the ordinary course of servicing a Receivable. If Lendbuzz Funding Floorplan is no longer the Servicer, the Servicer shall also enforce any and all rights of the Borrower under the Purchase Agreement (including each Purchase Agreement Supplement) including the right to require Lendbuzz Funding Floorplan to repurchase Receivables for breaches of representations and warranties made by Lendbuzz FundingFloorplan.
(ii) Consistent with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the ObligorDealer. The Servicer shall continue its efforts to obtain payment from an Obligor a Dealer who is past due or delinquent on a Receivable until the related Financed Vehicle has been repossessed and sold or the Servicer has determined that all amounts collectable on the Receivable have been collected. The Servicer shall use commercially reasonable efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a), to collect funds on a Liquidated Defaulted Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection Account.
(iii) In the event a Receivable becomes a Liquidated Defaulted Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle Vehicles securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Defaulted Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two (2) Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two (2) Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 2 contracts
Sources: Loan Agreement (Lendbuzz Inc.), Loan Agreement (Lendbuzz Inc.)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the Collateral Receivables, as and when the same shall become due. The Servicer, in making collection of Receivable payments on the Collateral Receivables pursuant to this Agreement, shall be acting as agent for the BorrowerAdministrative Agent and the Secured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for the BorrowerAdministrative Agent and the Secured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingServicing Guide, shall service, manage, administer, administer and make collections on the Collateral Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent with this Agreement. The Servicer may in its discretion grant extensions, rebates, or adjustments extensions on a Contract or as permitted by the Servicing Guide, and amend or modify any Contract (including modifying but shall not modify the APR or the amount of the Scheduled Payments) as unless permitted by the Credit and Collection Policy then terms of the following sentence or required by law or court order issued pursuant to a proceeding subsequent to an Insolvency Event; provided, however, that the Servicer may in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by no event extend the initial Servicer pursuant payment on any Collateral Receivable to Section 5.04(b)any date beyond the date that is one (1) month beyond its first scheduled payment date. The Servicer may in its discretion waive any late payment charge or any other fees, not including interest on the Principal Balance, that may be collected in the ordinary course of servicing a Collateral Receivable. If Lendbuzz Funding is no longer the Servicer, the The Servicer shall also enforce any and all rights of the Borrower under the Receivable Purchase Agreement (including each Purchase Agreement Supplement) including the right to require Lendbuzz Funding the Seller to repurchase Collateral Receivables for breaches of representations and warranties made by Lendbuzz Fundingthe Seller.
(ii) Consistent with If the Credit and Collection Policy, if any full amount of a scheduled payment due under a Collateral Receivable is past not received after its due or delinquent, in whole or in partdate, the Servicer will make reasonable and customary efforts to contact the Obligor. The Servicer shall continue its efforts to obtain payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until (i) the related Financed Vehicle has been with respect to such Collateral Receivable is repossessed and sold or sold, (ii) the Servicer has determined that all amounts collectable on the Collateral Receivable have been collectedcollected or (iii) the Servicer has determined that the delinquent payment can be recouped without financial loss to the Borrower. The Servicer shall use commercially reasonable commercial efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Servicing Guide, to collect funds on a Liquidated Defaulted Collateral Receivable and by the close of business on the second Business Day following receipt identification of such Collections to cause Collections, the Servicer shall deposit such Collections to be deposited into the Collection Account.
(iii) In the event that a Collateral Receivable becomes or is reasonably anticipated to become a Liquidated Defaulted Collateral Receivable, the Servicer, itself or through the use of independent contractors or agents shall, when consistent with the Credit and Collection PolicyServicing Guide, repossess or otherwise convert the ownership of the Financed Vehicle securing any such ReceivableCollateral Receivable as to which the Servicer shall have determined eventual payment in full is unlikely. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Collateral Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries Liquidation Proceeds on the Distribution Payment Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Defaulted Collateral Receivable if, in its reasonable judgment consistent with the Credit and Collection PolicyServicing Guide, the Recoveries Liquidation Proceeds would not be increased.
(iv) The Except as otherwise provided in Section 10.04(c)(ii), the Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections in the Servicer Account to be remitted to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification receipt thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 2 contracts
Sources: Amended and Restated Revolving Credit and Security Agreement (Lendbuzz Inc.), Revolving Credit and Security Agreement (Lendbuzz Inc.)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by Receivable in accordance with the Credit Policy and the Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion and (2) waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract unless such extension complies with the Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Master Purchase Agreement, including the right to require each related Originator to repurchase Receivables for breaches of its representations and warranties made by Lendbuzz Fundingand (C) its rights under the 2023-1B SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties relating to the eligibility of the North Carolina Receivables allocated to the 2023-1B SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five (5) Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 2 contracts
Sources: Credit Agreement (Regional Management Corp.), Credit Agreement (Regional Management Corp.)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract or Receivable and (including modifying the APR or the amount of the Scheduled Payments2) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract unless such extension complies with the Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Master Purchase Agreement or First Tier Purchase Agreements, as applicable, including the right to require each related Originator to repurchase Receivables for breaches of its representations and warranties made by Lendbuzz Fundingand (C) its rights under the 2021-1B SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties relating to the eligibility of the North Carolina Receivables allocated to the 2021-1B SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 2 contracts
Sources: Credit Agreement and Account Control Agreement (Regional Management Corp.), Credit Agreement (Regional Management Corp.)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the Receivables, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for the BorrowerAdministrative Agent and the Secured Parties; provided, however, that the Servicer shall not be empowered to, and shall not, (x) make or attempt to make any change to the Authoritative Copy of any Electronic Contract which constitutes or evidences a Receivable, (y) change or attempt to change the legend or watermark on any Electronic Contract which constitutes or evidences a Receivable or the “Owner of Record” of the Warehouse Vault Partition or (z) except (i) in connection with a Securitization permitted under the terms hereof, (ii) upon payment in full of a Receivable or (iii) as directed by the Borrower with the written consent of the Administrative Agent, cause any Electronic Contract which constitutes or evidences a Receivable to be Exported or otherwise removed from the Warehouse Vault Partition. The Servicer, consistent with the Credit and Collection Policy in effect at the time of acting, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent with this Agreement. The Servicer may in its discretion grant extensions, rebates, rebates or adjustments on a Contract or amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by the Credit and Collection Policy then in effect. If , and amend or modify any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b)Contract but [***]. The Servicer may in its discretion waive any late payment charge or any other fees, not including interest on the Principal Balance, Balance that may be collected in the ordinary course of servicing a Receivable. If Lendbuzz Funding is no longer the Servicer, the The Servicer shall also enforce any and all rights of the Borrower under the Purchase Agreement (including each Purchase Agreement SupplementTransfer Agreement) including the right to require Lendbuzz Funding UACC to repurchase Receivables for breaches of representations and warranties made by Lendbuzz Funding.
(ii) UACC in the Purchase Agreement. Receivables in respect of which the Servicer has breached the foregoing provisions shall be repurchased by the Servicer pursuant to Section 5.04(c). • Consistent with the Credit and Collection Policy, if any at least [***]% of a Scheduled Payment due under a Receivable is past not received by the end of the day on its due or delinquent, in whole or in partdate, the Servicer will make reasonable and customary efforts to contact the Obligor. The Servicer shall continue its efforts to obtain payment from an such Obligor who is past due or delinquent on has not paid 155673.00101/154424345v.13 at least [***]% of a Receivable Scheduled Payment until the related Financed Vehicle has been repossessed and sold or the Servicer has determined that all amounts collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Defaulted Receivable and by the close of business on the second Business Day following receipt of such Collections to cause and deposit thereof into the Local Bank Account, such Collections to shall be deposited into the Collection Account.
(iii) . • In the event a Receivable becomes a Liquidated Defaulted Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such ReceivableReceivable as to which the Servicer shall have determined eventual payment in full is unlikely. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Payment Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Defaulted Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) . • The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two [***] Business Days after deposit of such amounts into the Remittance Local Bank Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Accountor otherwise.
Appears in 1 contract
Sources: Warehouse Agreement (Vroom, Inc.)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract or Receivable and (including modifying the APR or the amount of the Scheduled Payments2) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the LEGAL02/4049656702/41783784v137 LEGAL02/40496567v15 LEGAL02/41254404v5 LEGAL02/42659188v3 Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract unless such extension complies with the Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Purchase Agreement, including the right to require each related Originator to repurchase Receivables for breaches of its representations and warranties made by Lendbuzz Fundingand (C) its rights under the 2021-1C SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties relating to the eligibility of the North Carolina Receivables allocated to the 2021-1C SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 1 contract
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract (including modifying or Receivable, but shall not modify the APR APR, the number or the amount of the Scheduled Payments) as permitted Payments or the Principal Balance unless required by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer Applicable Law or court order issued pursuant to Section 5.04(b)Insolvency Proceedings involving the related Obligor. The Servicer may in its discretion waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a Receivableany Receivable but shall not extend any Contract such that its maturity date occurs later than the last day of the Collection Period relating to the Final Scheduled Payment Date. If Lendbuzz Funding is In the event that the Servicer breaches the provisions of the three preceding sentences, it shall purchase the related Receivable by depositing an amount equal to the related Release Price into the Collection Account no longer later than the Servicer, the 30th day following its knowledge of such breach or receipt of notice of such breach. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties made by Lendbuzz Fundingand (B) its rights under the First Tier Purchase Agreement, including the right to require each related Originator to repurchase Receivables for breaches of its representations and warranties.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been with respect to such Receivable is repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated Defaulted Receivable or is reasonably anticipated by the Servicer to become a Defaulted Receivable, the ServicerServicer and the Subservicers, itself themselves or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such ReceivableReceivable as to which the Servicer or the related Subservicer shall have determined eventual payment in full is unlikely. All fees, costs and expenses incurred by the Servicer and the Subservicers in connection with the repossession or other conversion of the ownership of a Financed Vehicles Vehicle securing such Receivables Receivable shall be reimbursed to the Servicer and the Subservicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries Liquidation Proceeds on the Distribution Payment Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, neither the Servicer nor any Subservicer shall not be obligated to make any efforts to repossess or take any action with respect to a Liquidated Defaulted Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries Liquidation Proceeds would not be increased.
(iv) The Except as otherwise provided in Section 7.03(c)(ii), the Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Accountreceipt.
Appears in 1 contract
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the Receivables, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerBorrower and the Secured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for the BorrowerSecured Parties; provided, however, that the Servicer shall not be empowered to, and shall not, (x) make or attempt to make any change to the Authoritative Copy of any Electronic Contract which constitutes or evidences a Receivable, (y) change or attempt to change the legend or watermark on any Electronic Contract which constitutes or evidences a Receivable or the “Owner of Record” of the Warehouse Vault Partition or (z) except (i) in connection with a Securitization permitted under the terms hereof, (ii) upon payment in full of a Receivable or (iii) as directed by the Borrower with the written consent of the Administrative Agent, cause any Electronic Contract which constitutes or evidences a Receivable to be Exported or otherwise removed from the Warehouse Vault Partition. The Servicer, consistent with the Credit and Collection Policy in effect at the time of acting, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent with this Agreement. The Servicer may in its discretion grant extensions, rebates, rebates or adjustments on a Contract or amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by the Credit and Collection Policy then in effect. If , and amend or modify any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b)Contract [***]. The Servicer may in its discretion waive any late payment charge or any other fees, not including interest on the Principal BalanceBalance of a Receivable, that may be collected in the ordinary course of servicing a Receivable. If Lendbuzz Funding is no longer the Servicer, the The Servicer shall also enforce any and all rights of the Borrower under the Purchase Agreement (including each Purchase Agreement Supplement) including the right to require Lendbuzz Funding the Seller to repurchase Receivables for breaches of representations and warranties made by Lendbuzz Fundingthe Seller in the Purchase Agreement. Receivables in respect of which the Servicer has breached the foregoing provisions shall be purchased by the Servicer pursuant to Section 5.04.
(ii) Consistent with the Credit and Collection Policy, if any If [***]% or more of a Scheduled Payment due under a Receivable is past not received by the end of the day on its due or delinquent, in whole or in partdate, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts to obtain payment from an such Obligor who is past due has not paid [***]% or delinquent on more of a Receivable Scheduled Payment until the related Financed Vehicle has been repossessed and sold or the Servicer has determined that all amounts collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Defaulted Receivable and by the close of business on the second Business Day following receipt of such Collections to cause Collections, shall deposit such Collections to be deposited into the Collection either Account.
(iii) In the event a Receivable becomes a Liquidated Defaulted Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such ReceivableReceivable as to which the Servicer shall have determined eventual payment in full is unlikely. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Payment Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Defaulted Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account as soon as possible but no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Lockbox Account.
Appears in 1 contract
Sources: Warehouse Agreement (Vroom, Inc.)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract or Receivable and (including modifying the APR or the amount of the Scheduled Payments2) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any 117 Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract such that its maturity date occurs later the date that is twelve (12) months after the last Scheduled Payment, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Purchase Agreement, including the right to require each related Originator to repurchase Receivables for breaches of its representations and warranties made by Lendbuzz Fundingand (C) its rights under the 2017-1A SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties relating to the eligibility of the North Carolina Receivables allocated to the 2017-1A SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated ReceivableExcept as otherwise provided in Section 7.03(c)(ii), the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of receipt by the applicable Subservicer, or if such amounts into Collection was received directly by the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance AccountServicer, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance AccountServicer.
Appears in 1 contract
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract or Receivable and (including modifying the APR or the amount of the Scheduled Payments2) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the LEGAL02/42658427v2 Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract unless such extension complies with the Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Purchase Agreement, including the right to require each related Originator to repurchase Receivables for breaches of its representations and warranties made by Lendbuzz Fundingand (C) its rights under the 2021-1C SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties relating to the eligibility of the North Carolina Receivables allocated to the 2021-1C SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 1 contract
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract or Receivable and (including modifying the APR or the amount of the Scheduled Payments2) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any 110 Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract such that its maturity date occurs later the date that is twelve (12) months after the last Scheduled Payment, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Purchase Agreement, including the right to require each related Originator to repurchase Receivables for breaches of its representations and warranties made by Lendbuzz Fundingand (C) its rights under the 2017-1A SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties relating to the eligibility of the North Carolina Receivables allocated to the 2017-1A SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated ReceivableExcept as otherwise provided in Section 7.03(c)(ii), the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of receipt by the applicable Subservicer, or if such amounts into Collection was received directly by the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance AccountServicer, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance AccountServicer.
Appears in 1 contract
Sources: Credit Agreement
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract or Receivable and (including modifying the APR or the amount of the Scheduled Payments2) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract unless such extension is in accordance with its Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Purchase Agreement, including the right to require each related Originator to repurchase Receivables for breaches of its representations and warranties made by Lendbuzz Fundingand (C) its rights under the 2017-1A SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties relating to the eligibility of the North Carolina Receivables allocated to the 2017-1A SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 1 contract
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the Receivables, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the Borrower, and shall be deemed to be holding such funds in trust on behalf of and as agent for the Borrower. The Servicer, consistent with the Credit and Collection Policy in effect at the time of acting, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent with this Agreement. The Servicer may in its discretion grant extensions, rebates, rebates or adjustments on a Contract or amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, not including interest on the Principal Balance, that may be collected in the ordinary course of servicing a Receivable. If Lendbuzz Funding is no longer the Servicer, the The Servicer shall also enforce any and all rights of the Borrower under the Purchase Agreement (including each Purchase Agreement Supplement) including the right to require Lendbuzz Funding to repurchase Receivables for breaches of representations and warranties made by Lendbuzz Funding.DFC 106
(ii) Consistent with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the Obligor. The Servicer shall continue its efforts to obtain payment from an Obligor who is past due or delinquent on a Receivable until the related Financed Vehicle has been repossessed and sold or the Servicer has determined that all amounts collectable on the Receivable have been collected. The Servicer shall use commercially reasonable efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a), to collect funds on a Liquidated Defaulted Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection Account.
(iii) In the event a Receivable becomes a Liquidated Defaulted Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Payment Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Defaulted Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after the earlier of the deposit of such amounts into the Remittance Lockbox Account and identification thereof; provided, to or the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit receipt of such amounts and identification thereof (for further transfer to by or on behalf of the Collection Account within two Business Days after such deposit to Servicer or the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptlyBorrower. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Lockbox Account.
(v) Notwithstanding the provisions of subclause (iv), at any time that (A) DFC is the Servicer, (B) Lithia has long-term unsecured debt ratings of not less than "A" by Standard & Poor's and not less than "A2" by ▇▇▇▇▇'▇, and (C) no Early Amortization Event, Termination Event, or Servicer Termination Event has occurred and is continuing, the Servicer may make a single monthly deposit of Collections to the Collection Account in immediately available funds, provided that such deposit is made not later than 3:00 p.m., New York City time, on the second Business Day preceding the Payment Date following the Collection Period with respect to which such Collections relate. 107
Appears in 1 contract
Sources: Loan Agreement (Lithia Motors Inc)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by Receivable in accordance with the Credit Policy and the Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion and (2) waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract unless such extension complies with the Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Master Purchase Agreement, including the right to require each related Originator (other than the Bank Originator) to repurchase Receivables for breaches of its representations and warranties, (C) its rights under the Bank Originator Program Documents, and (CD) its rights under the 2023-1B SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties made by Lendbuzz Fundingrelating to the eligibility of the North Carolina Receivables allocated to the 2023-1B SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five (5) Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 1 contract
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by Receivable in accordance with the Credit Policy and the Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion and (2) waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract unless such extension complies with the Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Master Purchase Agreement, including the right to require each related Originator (other than the Bank Originator) to repurchase Receivables for breaches of its representations and warranties, (C) its rights under the Bank Originator Program Documents and (CD) its rights under the 2023-1A SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties made by Lendbuzz Fundingrelating to the eligibility of the North Carolina Receivables allocated to the 2023-1A SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five (5) Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 1 contract
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) effect an Upfront Deferral one time per Contract; provided that such extension shall not be for a period greater than fifteen (15) days from the original Scheduled Payment date of such Contract; provided, further, that such extension may only be effectuated prior to the occurrence of the initial Scheduled Payment date of such Contract, (2) grant extensions, rebates, rebates or adjustments on a Contract or Receivable in accordance with the Collection Policy and amend or modify any Contract or Receivable in accordance with the Collection Policy; and (including modifying the APR or the amount of the Scheduled Payments3) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer Notwithstanding the Servicerforegoing, the Servicer shall not amend, modify or waive the APR, the term, the number, timing or amount of the Scheduled Payments or the Principal Balance unless (x) the Concentration Limits are satisfied after giving effect to such amendment, modification or waiver and, if such Receivable does not satisfy the definition of Eligible Receivable after giving effect to such amendment, modification or waiver, then no Total Borrowing Base Deficiency exists after giving effect to such amendment, modification or waiver, and (y) such amendment, modification or waiver is in accordance with its Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The initial Servicer shall also enforce any and all rights of the Borrower under the Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding World Acceptance to repurchase Receivables for breaches of its representations and warranties made by Lendbuzz Fundingwarranties; and any successor Servicer shall provide notice to the Borrower and the Administrative Agent of any such breaches to the extent the successor Servicer has actual knowledge of such breaches.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five (5) Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In Neither the event a Receivable becomes a Liquidated ReceivableBorrower nor the Servicer shall cause or permit, and shall cause each Subservicer not to cause or permit, any World Bank Account (Local) (or any other account of the Borrower, the Servicer, itself the Subservicers or through their respective Affiliates into which Collections may be deposited, other than Accounts and the use of independent contractors Master Collection Account) to be subject to any control arrangement (or agents shall, consistent with the Credit and Collection Policy, repossess any other arrangement that permits any third party to establish dominion or otherwise convert the ownership control over such accounts) unless such control arrangement is solely in favor of the Financed Vehicle securing any such Receivable. All costs Intercreditor Agent, and expenses incurred by subject to the Servicer in connection with the repossession terms of the Financed Vehicles securing such Receivables Intercreditor Agreement, in each case, for the benefit of the various secured parties under the Intercreditor Agreement. The Master Collection Account shall at all times be subject to a Master Deposit Account Control Agreement; provided, that no Master Deposit Account Control Agreement shall be reimbursed to entered into at any time following the Servicer (other than overhead), to Closing Date without the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to prior written consent of the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer (which consent shall not be obligated to repossess unreasonably withheld or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increaseddelayed).
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 1 contract
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the Receivables, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the Borrower, and shall be deemed to be holding such funds in trust on behalf of and as agent for the Borrower. The Servicer, consistent with the Credit and Collection Policy in effect at the time of acting, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent with this Agreement. The Servicer may in its discretion grant extensions, rebates, rebates or adjustments on a Contract or amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, not including interest on the Principal Balance, that may be collected in the ordinary course of servicing a Receivable. If Lendbuzz Funding is no longer the Servicer, the The Servicer shall also enforce any and all rights of the Borrower under the Purchase Agreement (including each Purchase Agreement Supplement) including the right to require Lendbuzz Funding DFC to repurchase Receivables for breaches of representations and warranties made by Lendbuzz FundingDFC.
(ii) Consistent with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the Obligor. The Servicer shall continue its efforts to obtain payment from an Obligor who is past due or delinquent on a Receivable until the related Financed Vehicle has been repossessed and sold or the Servicer has determined that all amounts collectable on the Receivable have been collected. The Servicer shall use commercially reasonable efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a), to collect funds on a Liquidated Defaulted Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection Account.second
(iii) In the event a Receivable becomes a Liquidated Defaulted Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Payment Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Defaulted Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after the earlier of the deposit of such amounts into the Remittance Lockbox Account and identification thereof; provided, to or the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit receipt of such amounts and identification thereof (for further transfer to by or on behalf of the Collection Account within two Business Days after such deposit to Servicer or the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptlyBorrower. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Lockbox Account.
(v) Notwithstanding the provisions of subclause (iv), at any time that (A) DFC is the Servicer, (B) Lithia has long-term unsecured debt ratings of not less than "BB+" by Standard & Poor's and not less than "Ba1" by ▇▇▇▇▇'▇, and (C) no Early Amortization Event, Termination Event, or Servicer Termination Event has occurred and is continuing, the Servicer may make a single monthly deposit of Collections to the Collection Account in immediately available funds, provided that such deposit is made not later than 3:00 p.m., New York City time, on the second Business Day preceding the Payment Date following the Collection Period with respect to which such Collections relate.
Appears in 1 contract
Sources: Loan Agreement (Lithia Motors Inc)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the Receivables, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the Borrower, and shall be deemed to be holding such funds in trust on behalf of and as agent for the Borrower. The Servicer, consistent with the Credit and Collection Policy in effect at the time of acting, shall service, manage, administer, and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent with this Agreement. The Servicer may in its discretion grant extensions, rebates, or adjustments on a Contract or amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination DateDate for a Related Loan, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, not including interest on the Principal Balance, that may be collected in the ordinary course of servicing a Receivable. If Lendbuzz Funding is no longer the Servicer, the Servicer shall also enforce any and all rights of the Borrower under the Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding to repurchase Receivables for breaches of representations and warranties made by Lendbuzz Funding.
(ii) Consistent with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the Obligor. The Servicer shall continue its efforts to obtain payment from an Obligor who is past due or delinquent on a Receivable until the related Financed Vehicle has been repossessed and sold or the Servicer has determined that all amounts collectable on the Receivable have been collected. The Servicer shall use commercially reasonable efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a), to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection Account.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.been
Appears in 1 contract
Sources: Loan Agreement (Lendbuzz Inc.)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by Receivable in accordance with the Credit Policy and the Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion and (2) waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract unless such extension complies with the Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Master Purchase Agreement, including the right to require each related Originator (other than the Bank Originator) to repurchase Receivables for breaches of its representations and warranties, (C) its rights under the Bank Originator Program Documents, and (D) its rights under the 2023-1B SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties made by Lendbuzz Funding.
(ii) Consistent with relating to the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the Obligor. The Servicer shall continue its efforts to obtain payment from an Obligor who is past due or delinquent on a Receivable until the related Financed Vehicle has been repossessed and sold or the Servicer has determined that all amounts collectable on the Receivable have been collected. The Servicer shall use commercially reasonable efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a), to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection Account.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership eligibility of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such North Carolina Receivables shall be reimbursed allocated to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased2023-1B SUBI.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 1 contract
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract or Receivable and (including modifying the APR or the amount of the Scheduled Payments2) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the 117 LEGAL02/42338653v2 Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract unless such extension complies with the Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Purchase Agreement, including the right to require each related Originator to repurchase Receivables for breaches of its representations and warranties made by Lendbuzz Fundingand (C) its rights under the 2021-1C SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties relating to the eligibility of the North Carolina Receivables allocated to the 2021-1C SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 1 contract
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract or Receivable and (including modifying the APR or the amount of the Scheduled Payments2) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the 117 Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract unless such extension complies with the Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Purchase Agreement, including the right to require each related Originator to repurchase Receivables for breaches of its representations and warranties made by Lendbuzz Fundingand (C) its rights under the 2021-1C SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties relating to the eligibility of the North Carolina Receivables allocated to the 2021-1C SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 1 contract
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by Receivable in accordance with the Credit Policy and the Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion and (2) waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract unless such extension complies with the Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the related First Tier Purchase Agreement, including the right to require each related Originator (other than the Bank Originator) to repurchase Receivables for breaches of its representations and warranties, (C) its rights under the Bank Originator Program Documents and (D) its rights under the 2021-1B SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties made by Lendbuzz Fundingrelating to the eligibility of the North Carolina Receivables allocated to the 2021-1B SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five (5) Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 1 contract
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract or Receivable and (including modifying the APR or the amount of the Scheduled Payments2) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the 122 Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract unless such extension complies with the Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Purchase Agreement, including the right to require each related Originator (other than a Bank Originator) to repurchase Receivables for breaches of its representations and warranties, (C) its rights under the Bank Originator Program Documents, and (D) its rights under the 2021-1C SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties made by Lendbuzz Fundingrelating to the eligibility of the North Carolina Receivables allocated to the 2021-1C SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 1 contract
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by Receivable in accordance with the Credit Policy and the Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion and (2) waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract unless such extension complies with the Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Master Purchase Agreement orrelated First Tier Purchase Agreements, as applicableAgreement, including the right to require each related Originator (other than the Bank Originator) to repurchase Receivables for breaches of its representations and warranties made by Lendbuzz Fundingand, (C) its rights under the Bank Originator Program Documents and (D) its rights under the 2021-1B SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties relating to the eligibility of the North Carolina Receivables allocated to the 2021-1B SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five (5) Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 1 contract
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract or Receivable and (including modifying the APR or the amount of the Scheduled Payments2) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the LEGAL02/41783784v7 Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract unless such extension complies with the Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Purchase Agreement, including the right to require each related Originator to repurchase Receivables for breaches of its representations and warranties made by Lendbuzz Fundingand (C) its rights under the 2021-1C SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties relating to the eligibility of the North Carolina Receivables allocated to the 2021-1C SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 1 contract
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the Receivables, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the Borrower, and shall be deemed to be holding such funds in trust on behalf of and as agent for the Borrower. The Servicer, consistent with the Credit and Collection Policy in effect at the time of acting, shall service, manage, administer, and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent with this Agreement. The Servicer may in its discretion grant extensions, rebates, or adjustments on a Contract or amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination DateDate for a Related Loan, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, not including interest on the Principal Balance, that may be collected in the ordinary course of servicing a Receivable. If Lendbuzz Funding is no longer the Servicer, the Servicer shall also enforce any and all rights of the Borrower under the Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding to repurchase Receivables for breaches of representations and warranties made by Lendbuzz Funding.
(ii) Consistent with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the Obligor. The Servicer shall continue its efforts to obtain payment from an Obligor who is past due or delinquent on a Receivable until the related Financed Vehicle has been repossessed and sold or the Servicer has determined that all amounts collectable on the Receivable have been collected. The Servicer shall use commercially reasonable efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a), to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection Account.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 1 contract
Sources: Loan Agreement (Lendbuzz Inc.)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the Receivables, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the Borrower, and shall be deemed to be holding such funds in trust on behalf of and as agent for the Borrower. The Servicer, consistent with the Credit and Collection Policy in effect at the time of acting, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent with this Agreement. The Servicer may in its discretion grant extensions, rebates, rebates or adjustments on a Contract or amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, not including interest on the Principal Balance, that may be collected in the ordinary course of servicing a Receivable. If Lendbuzz Funding is no longer the Servicer, the The Servicer shall also enforce any and all rights of the Borrower under the Purchase Agreement (including each Purchase Agreement Supplement) including the right to require Lendbuzz Funding DFC to repurchase Receivables for breaches of representations and warranties made by Lendbuzz FundingDFC.
(ii) Consistent with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the Obligor. The Servicer shall continue its efforts to obtain payment from an Obligor who is past due or delinquent on a Receivable until the related Financed Vehicle has been repossessed and sold or the Servicer has determined that all amounts collectable on the Receivable have been collected. The Servicer shall use commercially reasonable efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a), to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection Account.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.been
Appears in 1 contract
Sources: Loan Agreement (Lithia Motors Inc)
Collection Practices. (i) The Servicer shall take or cause to be responsible for collection of payments called for under taken all such actions as it deems necessary or advisable to collect each Receivable from time to time, all in accordance, in all material respects with the terms Credit and provisions of the Contracts related to the Receivables, as and when the same shall become dueCollection Policy. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerAdministrative Agent and the Secured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for the BorrowerAdministrative Agent and the Secured Parties. The ServicerIn connection with its rights, consistent with the Credit duties and Collection Policy in effect at the time of acting, shall service, manage, administerobligations hereunder, and make collections on without limiting the Receivables on behalf generality of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent with this Agreement. The foregoing, the Servicer may in its discretion (A) grant extensions, rebates, rebates or adjustments on a Contract or amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by the Credit and Collection Policy then in effect. If Policy, (B) otherwise amend or modify any such modification occurs after Contract or Receivable, provided that the Termination DateServicer shall not modify the APR or the number or amount of the Scheduled Payments or reduce the Principal Balance on any Receivable, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion (C) waive any late payment charge or any other fees, not including fees (other than interest on the Principal Balance, Balance of a Receivable) of any Receivable that may be collected in the ordinary course of servicing a Receivableany Receivable or (D) extend any Contract such that its maturity date occurs later than the last day of the Collection Period relating to the Final Scheduled Payment Date. If Lendbuzz Funding is In the event that the Servicer breaches the provisions of the preceding sentences or the provisions of Section 6.04(h), it shall repurchase the related Receivable by depositing an amount equal to the related Release Amount into the Collection Account no longer later than the Servicer, the 30th day following its knowledge of such breach or receipt of notice of such breach. The Servicer shall also enforce any and all rights of the Borrower under the Purchase Agreement (including each Purchase Agreement Supplement) including the right to require Lendbuzz Funding the Originator to repurchase Receivables for breaches of representations and warranties made by Lendbuzz Fundingthe Originator.
(ii) Consistent with If the Credit and Collection Policy, if any full amount of a Scheduled Payment due under a Receivable is past not received after its due or delinquent, in whole or in partdate, the Servicer will make reasonable and customary efforts to contact the Obligor. The Servicer shall continue its efforts to obtain payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been with respect to such Receivable is repossessed and sold or the Servicer has determined that all amounts collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a), to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection Account.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert to collect funds on a Defaulted Receivable and deposit such amounts into the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred Collection Account by the Servicer in connection with the repossession close of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries business on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increasedBusiness Day following receipt thereof.
(iviii) The Except as otherwise provided in Section 7.03(c)(ii), the Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Accountreceipt.
Appears in 1 contract
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the Receivables, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the Borrower, and shall be deemed to be holding such funds in trust on behalf of and as agent for the Borrower. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent with this Agreement. The Servicer may in its discretion grant extensions, rebates, rebates or adjustments on a Contract or and amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b)Policy. The Servicer may in its discretion waive any late payment charge or any other fees, not including interest on the Principal Balance, that may be collected in the ordinary course of servicing a Receivable. If Lendbuzz Funding is no longer the Servicer, the The Servicer shall also enforce any and all rights of the Borrower under the Purchase Agreement, each ABS Collateral Conveyance Agreement (including and each Purchase Transfer Agreement Supplement) including the right to require Lendbuzz Funding Santander Consumer to repurchase ABS Assets or Receivables for breaches of representations and warranties made by Lendbuzz FundingSantander Consumer.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received on or prior to its due date, the Servicer will contact the Obligor in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the Obligor. The Servicer shall continue its efforts to obtain payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made in accordance with the Credit and Collection Policy until the related Financed Vehicle has been with respect to such Receivable is repossessed and sold or the Servicer has determined that all amounts collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes or is reasonably anticipated to become a Liquidated Defaulted Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such ReceivableReceivable as to which the Servicer shall have determined eventual payment in full is unlikely. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries Liquidation Proceeds on the Distribution Payment Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Deal Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Defaulted Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries Liquidation Proceeds would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 1 contract
Sources: Investment Agreement (Santander Holdings USA, Inc.)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by Receivable in accordance with the Credit Policy and the Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion and (2) waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract unless such extension complies with the Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Master Purchase Agreement, including the right to require each related Originator (other than the Bank Originator) to repurchase Receivables for breaches of its representations and warranties, (C) its rights under the Bank Originator Program Documents and (D) its rights under the 2023-1A SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties made by Lendbuzz Fundingrelating to the eligibility of the North Carolina Receivables allocated to the 2023-1A SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five (5) Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 1 contract
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the DB1/ 139452285.4 101 154304283v7 Receivables, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the Borrower, and shall be deemed to be holding such funds in trust on behalf of and as agent for the Borrower. The Servicer, consistent with the Credit and Collection Policy in effect at the time of acting, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent with this Agreement. The Servicer may in its discretion grant extensions, rebates, rebates or adjustments on a Contract or amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, not including interest on the Principal Balance, that may be collected in the ordinary course of servicing a Receivable. If Lendbuzz Funding is no longer the Servicer, the The Servicer shall also enforce any and all rights of the Borrower under the Purchase Agreement (including each Purchase Agreement Supplement) including the right to require Lendbuzz Funding DFC to repurchase Receivables for breaches of representations and warranties made by Lendbuzz FundingDFC.
(ii) Consistent with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the Obligor. The Servicer shall continue its efforts to obtain payment from an Obligor who is past due or delinquent on a Receivable until the related Financed Vehicle has been repossessed and sold or the Servicer has determined that all amounts collectable on the Receivable have been collected. The Servicer shall use commercially reasonable efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a), to collect funds on a Liquidated Defaulted Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection Account.
(iii) In the event a Receivable becomes a Liquidated Defaulted Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Payment Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Defaulted Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
. DB1/ 139452285.4 102 154304283v7 (iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after the earlier of the deposit of such amounts into the Remittance Lockbox Account and identification thereof; provided, to or the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit receipt of such amounts and identification thereof (for further transfer to by or on behalf of the Collection Account within two Business Days after such deposit to Servicer or the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptlyBorrower. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Lockbox Account.
Appears in 1 contract
Sources: Loan Agreement (Lithia Motors Inc)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for the BorrowerBorrower and the Secured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract (including modifying or Receivable, but shall not modify the APR APR, the number or the amount of the Scheduled Payments) as permitted Payments or the Principal Balance unless required by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer Applicable Law or court order issued pursuant to Section 5.04(b)Insolvency Proceedings involving the related Obligor. The Servicer may in its discretion waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a Receivableany Receivable but shall not extend any Contract such that its maturity date occurs later than the last day of the Collection Period relating to the Final Scheduled Payment Date. If Lendbuzz Funding is In the event that the Servicer breaches the provisions of the three preceding sentences, it shall purchase the related Receivable by depositing an amount equal to the related Release Price into the Collection Account no longer later than the Servicer, the 30th day following its knowledge of such breach or receipt of notice of such breach. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties made by Lendbuzz Fundingwarranties, and (B) its rights under the First Tier Purchase Agreement, including the right to require each related Originator to repurchase Receivables for breaches of its representations and warranties.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been with respect to such Receivable is repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated Defaulted Receivable or is reasonably anticipated by the Servicer to become a Defaulted Receivable, the ServicerServicer and the Subservicers, itself themselves or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such ReceivableReceivable as to which the Servicer or the related Subservicer shall have determined eventual payment in full is unlikely. All fees, costs and expenses incurred by the Servicer and the Subservicers in connection with the repossession or other conversion of the ownership of a Financed Vehicles Vehicle securing such Receivables Receivable shall be reimbursed to the Servicer and the Subservicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries Liquidation Proceeds on the Distribution Payment Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, neither the Servicer nor any Subservicer shall not be obligated to make any efforts to repossess or take any action with respect to a Liquidated Defaulted Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries Liquidation Proceeds would not be increased.
(iv) The Except as otherwise provided in Section 7.03(c)(ii), the Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Accountreceipt.
Appears in 1 contract
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the Receivables, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the Borrower, and shall be deemed to be holding such funds in trust on behalf of and as agent for the Borrower. The Servicer, consistent with the Credit and Collection Policy in effect at the time of acting, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent with this Agreement. The Servicer may in its discretion grant extensions, rebates, rebates or adjustments on a Contract or amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, not including interest on the Principal Balance, that may be collected in the ordinary course of servicing a Receivable. If Lendbuzz Funding is no longer the Servicer, the The Servicer shall also enforce any and all rights of the Borrower under the Purchase Agreement (including each Purchase Agreement Supplement) including the right to require Lendbuzz Funding DFC to repurchase Receivables for breaches of representations and warranties made by Lendbuzz Funding.
DFC. 108 149194398v7 (ii) Consistent with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the Obligor. The Servicer shall continue its efforts to obtain payment from an Obligor who is past due or delinquent on a Receivable until the related Financed Vehicle has been repossessed and sold or the Servicer has determined that all amounts collectable on the Receivable have been collected. The Servicer shall use commercially reasonable efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a), to collect funds on a Liquidated Defaulted Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection Account.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 1 contract
Sources: Loan Agreement (Lithia Motors Inc)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the Receivables, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for the BorrowerAdministrative Agent and the Secured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of acting, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and 300213599v4 authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent with this Agreement. The Servicer may in its discretion grant extensions, rebates, rebates or adjustments on a Contract or amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by the Credit and Collection Policy then in effect. If , and amend or modify any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b)Contract but [***]. The Servicer may in its discretion waive any late payment charge or any other fees, not including interest on the Principal Balance, that may be collected in the ordinary course of servicing a Receivable. If Lendbuzz Funding is no longer the Servicer, the The Servicer shall also enforce any and all rights of the Borrower under the Purchase Agreement (including each Purchase Agreement SupplementTransfer Agreement) including the right to require Lendbuzz Funding UACC to repurchase Receivables for breaches of representations and warranties made by Lendbuzz FundingUACC. Receivables in respect of which the Servicer has breached the foregoing provisions shall be repurchased by the Servicer pursuant to Section 5.04(c).
(ii) Consistent with the Credit and Collection Policy, if any at least 90% of a Scheduled Payment due under a Receivable is past not received by the end of the day on its due or delinquent, in whole or in partdate, the Servicer will make reasonable and customary efforts to contact the Obligor. The Servicer shall continue its efforts to obtain payment from an such Obligor who is past due or delinquent on has not paid at least 90% of a Receivable Scheduled Payment until the related Financed Vehicle has been repossessed and sold or the Servicer has determined that all amounts collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Defaulted Receivable and by the close of business on the second Business Day following receipt of such Collections to cause and deposit thereof into the Local Bank Account, such Collections to shall be deposited into the Collection Account.
(iii) In the event a Receivable becomes a Liquidated Defaulted Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such ReceivableReceivable as to which the Servicer shall have determined eventual payment in full is unlikely. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Payment Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Defaulted Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Local Bank Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Accountor otherwise.
Appears in 1 contract
Sources: Warehouse Agreement (Vroom, Inc.)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the Receivables, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for the BorrowerAdministrative Agent and the Secured Parties; provided, however, that the Servicer shall not be empowered to, and shall not, (x) make or attempt to make any change to the Authoritative Copy of any Electronic Contract which constitutes or evidences a Receivable, (y) change or attempt to change the legend or watermark on any Electronic Contract which constitutes or evidences a Receivable or the “Owner of Record” of the Warehouse Vault Partition or (z) except (i) in connection with a Securitization permitted under the terms hereof, (ii) upon payment in full of a Receivable or (iii) as directed by the Borrower with the written consent of the Administrative Agent, cause any Electronic Contract which constitutes or evidences a Receivable to be Exported or otherwise removed from the Warehouse Vault Partition. The Servicer, consistent with the Credit and Collection Policy in effect at the time of acting, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent with this Agreement. The Servicer may in its discretion grant extensions, rebates, rebates or adjustments on a Contract or amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by the Credit and Collection Policy then in effect. If , and amend or modify any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b)Contract but [***]. The Servicer may in its discretion waive any late payment charge or any other fees, not including interest on the Principal Balance, that may be collected in the ordinary course of servicing a Receivable. If Lendbuzz Funding is no longer the Servicer, the The Servicer shall also enforce any and all rights of the Borrower under the Purchase Agreement (including each Purchase Agreement SupplementTransfer Agreement) including the right to require Lendbuzz Funding UACC to repurchase Receivables for breaches of representations and warranties made by Lendbuzz FundingUACC in the Purchase Agreement. Receivables in respect of which the Servicer has breached the foregoing provisions shall be repurchased by the Servicer pursuant to Section 5.04(c).
(ii) Consistent with the Credit and Collection Policy, if any at least [***]% of a Scheduled Payment due under a Receivable is past not received by the end of the day on its due or delinquent, in whole or in partdate, the Servicer will make reasonable and customary efforts to contact the Obligor. The Servicer shall continue its efforts to obtain payment from an such Obligor who is past due or delinquent on has not paid at least [***]% of a Receivable Scheduled Payment until the related Financed Vehicle has been repossessed and sold or the Servicer has determined that all amounts collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Defaulted Receivable and by the close of business on the second Business Day following receipt of such Collections to cause and deposit thereof into the Local Bank Account, such Collections to shall be deposited into the Collection Account.
(iii) In the event a Receivable becomes a Liquidated Defaulted Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such ReceivableReceivable as to which the Servicer shall have determined eventual payment in full is unlikely. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Payment Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Defaulted Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Local Bank Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Accountor otherwise.
Appears in 1 contract
Sources: Warehouse Agreement (Vroom, Inc.)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract or Receivable and (including modifying the APR or the amount of the Scheduled Payments2) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the 122 DOCPROPERTY DOCXDOCID DMS=IManage Format=<<LIB>>/<<NUM>>v<<VER>> \* MERGEFORMAT LEGAL02/46534623v2 Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract unless such extension complies with the Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Purchase Agreement, including the right to require each related Originator (other than a Bank Originator) to repurchase Receivables for breaches of its representations and warranties, (C) its rights under the Bank Originator Program Documents, and (D) its rights under the 2021-1C SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties made by Lendbuzz Funding.
(ii) Consistent relating to the eligibility of the North Carolina Receivables allocated to the 2021-1C SUBI. If the full amount of a Scheduled Payment due under a Receivable is not received within five Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection Account.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Defaulted Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased[Reserved].
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 1 contract
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract or Receivable and (including modifying the APR or the amount of the Scheduled Payments2) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the LEGAL02/41783784v7 LEGAL02/42659596v2 Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract unless such extension complies with the Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Purchase Agreement, including the right to require each related Originator to repurchase Receivables for breaches of its representations and warranties made by Lendbuzz Fundingand (C) its rights under the 2021-1C SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties relating to the eligibility of the North Carolina Receivables allocated to the 2021-1C SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 1 contract
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the ReceivablesContracts, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the BorrowerSecured Parties, and shall be deemed to be holding such funds in trust on behalf of and as agent for Borrower and the BorrowerSecured Parties. The Servicer, consistent with the Credit and Collection Policy in effect at the time of actingPolicy, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent not inconsistent with this Agreement. The Servicer may in its discretion (1) grant extensions, rebates, rebates or adjustments on a Contract or in accordance with the Collection Policy and amend or modify any Contract or Receivable and (including modifying the APR or the amount of the Scheduled Payments2) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, fees (not including interest on the Principal Balance, Balance of a Receivable) that may be collected in the ordinary course of servicing a any Receivable. If Lendbuzz Funding is no longer ; provided that the ServicerServicer shall not modify the APR, the number or amount of the 123 Scheduled Payments or the Principal Balance unless the Concentration Limits are satisfied after giving effect to such modification and the Servicer shall not extend any Contract unless such extension complies with the Collection Policy, in each case, except if such modification is required by Applicable Law or court order issued pursuant to Insolvency Proceedings involving the related Obligor. The Servicer shall also enforce any and (A) all rights of the Borrower under the Second Tier Purchase Agreement (including each Purchase Agreement Supplement) Agreement, including the right to require Lendbuzz Funding Regional Management to repurchase Receivables for breaches of its representations and warranties, (B) its rights under the First Tier Purchase Agreement, including the right to require each related Originator (other than a Bank Originator) to repurchase Receivables for breaches of its representations and warranties made by Lendbuzz Fundingand, (C) its rights under the Bank Originator Program Documents, and (D) its rights under the 2021-1C SUBI Supplement, including the right to require the Initial Beneficiary to repurchase North Carolina Receivables for breaches of its representations and warranties relating to the eligibility of the North Carolina Receivables allocated to the 2021-1C SUBI.
(ii) Consistent If the full amount of a Scheduled Payment due under a Receivable is not received within five Business Days after its due date, the Servicer will, in accordance with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the related Obligor. The Servicer shall continue its efforts in accordance with the Collection Policy to obtain such payment from an Obligor who is past due or delinquent on a Receivable whose payment has not been made until the related Financed Vehicle has been repossessed and sold or the Servicer has determined in its discretion that all amounts due and payable which are collectable on the Receivable have been collected. The Servicer shall use commercially reasonable its best efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a)Policy, to collect funds on a Liquidated Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection AccountDefaulted Receivable.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 1 contract
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the Receivables, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the Borrower, and shall be deemed to be holding such funds in trust on behalf of and as agent for the Borrower. The Servicer, consistent with the Credit and Collection Policy in effect at the time of acting, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent with this Agreement. The Servicer may in its discretion grant extensions, rebates, or adjustments on a Contract or amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, not including interest on the Principal Balance, that may be collected in the ordinary course of servicing a Receivable. If Lendbuzz Funding is no longer the Servicer, the Servicer shall also enforce any and all rights of the Borrower under the Purchase Agreement (including each Purchase Agreement Supplement) including the right to require Lendbuzz Funding to repurchase Receivables for breaches of representations and warranties made by Lendbuzz Funding.in
(ii) Consistent with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the Obligor. The Servicer shall continue its efforts to obtain payment from an Obligor who is past due or delinquent on a Receivable until the related Financed Vehicle has been repossessed and sold or the Servicer has determined that all amounts collectable on the Receivable have been collected. The Servicer shall use commercially reasonable efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a), to collect funds on a Liquidated Defaulted Receivable and by the close of business on the second Business Day following receipt of such Collections to cause and deposit thereof into the Lockbox Account, such Collections to shall be deposited into the Collection Account.
(iii) In the event a Receivable becomes a Liquidated Defaulted Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Payment Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Defaulted Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Lockbox Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptlyor otherwise. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Lockbox Account.
(v) Notwithstanding the provisions of subclause (iv), at any time that (A) DFC is the Servicer, (B) Lithia has long-term unsecured debt ratings of not less than "A" by Standard & Poor's and not less than "A2" by ▇▇▇▇▇'▇, and (C) no
Appears in 1 contract
Sources: Loan Agreement (Lithia Motors Inc)
Collection Practices. (i) The Servicer shall be responsible for collection of payments called for under the terms and provisions of the Contracts related to the Receivables, as and when the same shall become due. The Servicer, in making collection of Receivable payments pursuant to this Agreement, shall be acting as agent for the Borrower, and shall be deemed to be holding such funds in trust on behalf of and as agent for the Borrower. The Servicer, consistent with the Credit and Collection Policy in effect at the time of acting, shall service, manage, administer, administer and make collections on the Receivables on behalf of the Borrower and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection therewith which are consistent with this Agreement. The Servicer may in its discretion grant extensions, rebates, rebates or adjustments on a Contract or amend or modify any Contract (including modifying the APR or the amount of the Scheduled Payments) as permitted by the Credit and Collection Policy then in effect. If any such modification occurs after the Termination Date, such Receivable must be repurchased by the initial Servicer pursuant to Section 5.04(b). The Servicer may in its discretion waive any late payment charge or any other fees, not including interest on the Principal Balance, that may be collected in the ordinary course of servicing a Receivable. If Lendbuzz Funding is no longer the Servicer, the The Servicer shall also enforce any and all rights of the Borrower under the Purchase Agreement (including each Purchase Agreement Supplement) including the right to require Lendbuzz Funding DFC to repurchase Receivables for breaches of representations and warranties made by Lendbuzz Funding.
DFC. 106 (ii) Consistent with the Credit and Collection Policy, if any Receivable is past due or delinquent, in whole or in part, the Servicer will make reasonable and customary efforts to contact the Obligor. The Servicer shall continue its efforts to obtain payment from an Obligor who is past due or delinquent on a Receivable until the related Financed Vehicle has been repossessed and sold or the Servicer has determined that all amounts collectable on the Receivable have been collected. The Servicer shall use commercially reasonable efforts, consistent with the Credit and Collection Policy and the standard of care set forth in Section 7.03(a), to collect funds on a Liquidated Defaulted Receivable and by the close of business on the second Business Day following receipt of such Collections to cause such Collections to be deposited into the Collection Account.
(iii) In the event a Receivable becomes a Liquidated Receivable, the Servicer, itself or through the use of independent contractors or agents shall, consistent with the Credit and Collection Policy, repossess or otherwise convert the ownership of the Financed Vehicle securing any such Receivable. All costs and expenses incurred by the Servicer in connection with the repossession of the Financed Vehicles securing such Receivables shall be reimbursed to the Servicer (other than overhead), to the extent not previously recouped by the Servicer from Recoveries on the Distribution Date immediately succeeding the Collection Period in which the Servicer delivered to the Administrative Agent an itemized statement of such costs and expenses. Notwithstanding the foregoing and consistent with the terms of this Agreement, the Servicer shall not be obligated to repossess or take any action with respect to a Liquidated Receivable if, in its reasonable judgment consistent with the Credit and Collection Policy, the Recoveries would not be increased.
(iv) The Servicer shall deposit or cause to be deposited by electronic funds transfer all Collections to the Collection Account no later than two Business Days after deposit of such amounts into the Remittance Account and identification thereof; provided, to the extent that any Collections are not received in the Remittance Account, the Servicer shall deposit such Collections to the Remittance Account within two Business Days the deposit of such amounts and identification thereof (for further transfer to the Collection Account within two Business Days after such deposit to the Remittance Account). The Servicer shall employ commercially reasonable efforts to ensure that all amounts deposited to the Remittance Account are identified promptly. Notwithstanding the foregoing, in no event shall any Successor Servicer be obligated to transfer funds in excess of the available funds in the Remittance Account.
Appears in 1 contract
Sources: Loan Agreement (Lithia Motors Inc)