Common use of Collections and Allocations Clause in Contracts

Collections and Allocations. (a) The Servicer will apply or will instruct the Indenture Trustee in writing to apply all funds on deposit in the Collection Account as described in this ARTICLE IV and in each Indenture Supplement. Except as otherwise provided below, the Servicer shall deposit Collections into the Collection Account as promptly as possible after the Date of Processing of such Collections, but in no event later than the second (2nd) Business Day following the Date of Processing. Subject to the express terms of any Indenture Supplement, but notwithstanding anything else in this Agreement to the contrary, for so long as the following conditions are satisfied: (A) (i) CompuCredit remains the Servicer and maintains a short-term debt rating of not less than A-1 by Standard & Poor's, P-1 by Xxxxx'x and F1+ by Fitch (if rated by Fitch), and (ii) no Early Redemption Event, Reinvestment Event or Event of Default shall have occurred or (B) other arrangements are made such that the Rating Agency Condition is satisfied with respect thereto, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentence, but may make a single deposit in the Collection Account in immediately available funds not later than 4:00 p.m., New York City time, on the Transfer Date following the Monthly Period for which such Collections were processed. Subject to the proviso in SECTION 4.02 and the express terms of any Indenture Supplement, but notwithstanding anything else in this Agreement to the contrary, with respect to any Monthly Period, whether the Servicer is required to make deposits of Collections pursuant to the first or the second preceding sentence, (i) the Servicer will only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on or prior to the related Distribution Date to or for the benefit of Noteholders or to any Series Enhancer pursuant to the terms of any Indenture Supplement or Series Enhancement and any excess shall be paid to the Issuer for application in accordance with the Trust Agreement, and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will be permitted to withdraw the excess from the Collection Account and pay it to the Issuer for application in accordance with the Trust Agreement. The Servicer hereby acknowledges that any payments referenced in the immediately preceding sentence shall be paid directly to the Transferor pursuant to subsection 3.04(a) of the Trust Agreement. Subject to the second preceding sentence, the Servicer may retain its Servicing Fee with respect to a Series and shall not be required to deposit it in the Collection Account.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (Compucredit Corp), Transfer and Servicing Agreement (Compucredit Corp)

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Collections and Allocations. (a) The Servicer will apply shall apply, or will shall instruct the Indenture Trustee in writing to apply apply, all Collections, and other funds on deposit held in the Collection Account that are allocated to the Series 1997-2 Certificates as described in this ARTICLE IV and in each Indenture SupplementArticle IV. Except as otherwise provided below, the Servicer shall deposit Collections into the Collection Account as promptly as possible after the Date of Processing of such Collections, but in no event later than the second (2nd) Business Day following the Date of Processing. Subject to the express terms of any Indenture Supplement, but notwithstanding anything else in this Agreement to the contrary, for so long as the following conditions are satisfied: (A) (i) CompuCredit remains the Servicer and maintains a short-term debt rating of not less than A-1 by Standard & Poor's, P-1 by Xxxxx'x and F1+ by Fitch (if rated by Fitch), and (ii) no Early Redemption Event, Reinvestment Event or Event of Default shall have occurred or (B) other arrangements are made such Provided that the Rating Agency Condition is satisfied with respect thereto, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in are required pursuant to Section 4.1(f), the preceding sentence, but may make a single deposit in applicable Investor Percentage of Finance Charge Collections shall be deposited into the Collection Account in immediately available funds on a daily basis. During the Revolving Period, so long as the Available Enhancement Amount is not later less than 4:00 p.m.the Required Enhancement Amount, New York City time, on the Transfer Date following the Monthly Period for which such Collections were processed. Subject of Principal Receivables allocable to the proviso in SECTION 4.02 and the express terms of any Indenture Supplement, but notwithstanding anything else in this Agreement to the contrary, Series 1997-2 with respect to any each Monthly Period need not be deposited into the Collection Account on a daily basis during such Monthly Period; provided, whether however, that in the event that the Minimum Transferor Amount exceeds the Transferor Amount on any date, such Collections of Principal Receivables shall be deposited into the Excess Funding Account until the Transferor Amount equals the Minimum Transferor Amount; and provided, further, that on any date on which the sum of the Aggregate Principal Receivables and the Excess Funding Amount is less than the Aggregate Adjusted Investor Amount, such Collections of Principal Receivables shall be deposited into the Collection Account on a daily basis. During the Accumulation Period, after an amount of Collections of Principal Receivables allocable to Series 1997-2 equal to the Controlled Deposit Amount with respect to each Monthly Period has been deposited into the Collection Account, and so long as the Available Enhancement Amount is not less than the Required Enhancement Amount, Collections of Principal Receivables allocable to Series 1997-2 with respect to each Monthly Period need not be deposited into the Collection Account on a daily basis during such Monthly Period; provided, however, that in the event that the Minimum Transferor Amount exceeds the Transferor Amount on any date, such Collections of Principal Receivables shall be deposited into the Excess Funding Account until the Transferor Amount equals the Minimum Transferor Amount; and, provided, further, that on any date on which the sum of the Aggregate Principal Receivables and the Excess Funding Amount is less than the Aggregate Investor Amount, such Collections of Principal Receivables shall be deposited into the Collection Account on a daily basis. Notwithstanding the foregoing, the Servicer is required to need not make daily deposits of Collections pursuant to the first or the second preceding sentence, (i) the Servicer will only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on or prior to the related Distribution Date to or for the benefit of Noteholders or to any Series Enhancer pursuant to the terms of any Indenture Supplement or Series Enhancement and any excess shall be paid to the Issuer for application in accordance with the Trust Agreement, and (ii) if at any time prior to such Distribution Date when the amount requirements of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will be permitted to withdraw the excess from the Collection Account and pay it to the Issuer for application in accordance with the Trust Agreement. The Servicer hereby acknowledges that any payments referenced in the immediately preceding sentence shall be paid directly to the Transferor pursuant to subsection 3.04(aSection 4.1(f) of the Trust Agreement. Subject to the second preceding sentence, the Servicer may retain its Servicing Fee with respect to a Series and shall not be required to deposit it in the Collection AccountAgreement are satisfied.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Proffitts Credit Card Master Trust), Pooling and Servicing Agreement (Proffitts Credit Card Master Trust)

Collections and Allocations. (a) The Servicer will apply shall apply, or will shall instruct the Indenture Trustee in writing (which instruction may be included in the Monthly Servicer Report) to apply and the Indenture Trustee shall apply, all funds on deposit in the Collection Account as described in this ARTICLE IV and in each Indenture SupplementArticle VIII. Except as otherwise provided below, the Servicer shall deposit Collections into the Collection Account as promptly as possible after the Date date of Processing processing of such Collections, but in no event later than the second (2nd) Business Day following the Date date of Processingprocessing. Subject to the express terms of any Indenture Supplement, but notwithstanding Notwithstanding anything else in this Indenture or the Sale and Servicing Agreement to the contrary, for so long as the following conditions are satisfiedas: (A) (i) CompuCredit remains the Servicer and maintains a short-term debt rating of not less than A-1 by Standard & Poor's, P-1 by Xxxxx'x and F1+ by Fitch (if rated by Fitch), and (ii) no Early Redemption Event, Reinvestment Amortization Event or Event of Default shall have has occurred and is continuing; and (ii) the Servicer or, so long as the Performance Support Provider is guaranteeing the obligations of the Servicer pursuant to the Performance Support Agreement, the Performance Support Provider maintains a long term rating of “A” or (B) other arrangements are made such that the Rating Agency Condition is satisfied with respect theretohigher and a short term rating of “A-1” or higher from S&P, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentence, but may make a single deposit in the Collection Account in immediately available funds not later than 4:00 p.m.11:00 a.m., New York City time, on the Transfer Business Day preceding each Payment Date following the Monthly Period for which such Collections were processed. Subject in an amount equal to the proviso in SECTION 4.02 and Collections received during the express terms of any Indenture Supplement, but notwithstanding anything else in this Agreement to the contrary, with respect to any Monthly related Collection Period, whether . If the Servicer is required fails to make deposits of Collections pursuant to the first or deposit required by the second preceding sentencesentence by 11:00 a.m., (i) New York City time, on the Servicer will only be required to deposit Collections into Business Day preceding the Collection Account up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on or prior to the related Distribution Date to or for the benefit of Noteholders or to any Series Enhancer pursuant to the terms of any Indenture Supplement or Series Enhancement and any excess shall be paid to the Issuer for application in accordance with the Trust Agreement, and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) abovePayment Date, the Servicer will be permitted to withdraw Indenture Trustee shall promptly make a claim for payment of the excess from applicable amounts under the Collection Account and pay it to the Issuer for application in accordance with the Trust Performance Support Agreement. The Servicer hereby acknowledges that any payments referenced in the immediately preceding sentence shall be paid directly to the Transferor pursuant to subsection 3.04(a) of the Trust Agreement. Subject to the second preceding sentence, the Servicer may retain funds constituting Collections in an amount equal to its accrued and unpaid Servicing Fee with respect to a Series and shall not be required to deposit it such funds in the Collection Account. In addition, during the Revolving Period, so long as no Reinvestment Criteria Event was outstanding as of the most recent Payment Date, the Servicer may retain, or may withdraw from the Collection Account, amounts with respect to each Collection Period not to exceed in the aggregate the lesser of (i) the Principal Collections received during such Collection Period and (ii) the aggregate purchase prices payable by the Issuer in respect of New Loans in connection with any Renewed Loan Replacements and in respect of existing Loans the Loan Principal Balances of which were increased pursuant to Section 3.02 of the Loan Purchase Agreement during such Collection Period, and the Servicer shall remit each such amount to the Depositor on behalf of the Issuer to pay the purchase price in respect of any such New Loan.

Appears in 2 contracts

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

Collections and Allocations. (a) The Servicer will apply (or, if the authority of the Servicer has been revoked pursuant to Section 10.01 hereof, or, if a Successor Servicer has been appointed, the Successor Servicer) shall receive from time to time funds from each Transferor in respect of Receivables and from each applicable Master Trust with respect to the Collateral Certificates pledged to the Trust. Upon receipt of any funds in respect of a Collateral Certificate or will instruct Receivables, unless otherwise specified herein, the Indenture Trustee in writing to apply all funds on Servicer shall deposit such amounts in the Collection Account as described for the Asset Pool in this ARTICLE IV and in each which such Collateral Certificate or Receivables have been designated for inclusion, which amounts shall be applied by the applicable Collateral Agent, on behalf of the Indenture SupplementTrustee, for such Asset Pool pursuant to the Asset Pool Supplement for such Asset Pool. Except as otherwise provided below, the Servicer shall deposit Collections with respect to Receivables into the Collection Account for the applicable Asset Pool as promptly as possible after the Date of Processing of such Collections, but in no event later than the second (2nd) Business Day following the Date of ProcessingProcessing and shall deposit Collections received with respect to Collateral Certificates with respect to any Monthly Period into the Collection Account for the applicable Asset Pool no later than the First Note Transfer Date for the applicable Asset Pool in the next succeeding Monthly Period. Subject to In the express terms event of the insolvency of the Servicer, then, immediately upon the occurrence of such event and thereafter, the Servicer shall deposit all Collections into the Collection Account for each applicable Asset Pool and in no such event shall the Servicer deposit any Indenture SupplementCollections thereafter into any account established, but notwithstanding anything else in this Agreement to held or maintained with the contrary, for so Servicer. For as long as Chase USA remains the following conditions are satisfied: (A) Servicer hereunder and (i) CompuCredit remains the no Servicer Rating Event shall have occurred and maintains be continuing or (ii) Chase USA obtains a guarantee or letter of credit covering risk of collection with respect to its deposit and payment obligations under this Agreement (in form and substance satisfactory to each Note Rating Agency) from a guarantor having a short-term debt credit rating of not less than A-1 by at least "A-1" from Standard & Poor's, P-1 by 's or "P-1" from Xxxxx'x and or "F1+ by " from Fitch (if or such other rating below "A-1" or "P-1," or to the extent rated by Fitch, "F1," as the case may be, which is acceptable to such Note Rating Agency), and or (iii) the Note Rating Agency Condition will have been satisfied despite the Servicer's inability to satisfy the rating requirement specified in clause (i) or (ii) no Early Redemption Eventabove, Reinvestment Event or Event of Default shall have occurred or (Biv) other arrangements are made for five Business Days following any reduction of any such that rating or failure to satisfy the Rating Agency Condition is satisfied with respect theretoconditions specified in clause (i) or (ii) above, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentenceparagraph, but may make a single deposit deposits in an amount equal to the net amount of such deposits and payments which would have been made with respect to Notes to receive payments on the related Payment Dates had the conditions of this sentence not applied, in the Collection Account in immediately available funds not later than 4:00 1:00 p.m., New York City time, on the each applicable Note Transfer Date following the Monthly Period for with respect to which such Collections were processeddeposit relates. Subject To the extent that, in accordance with this Section 3.01, the Servicer has retained amounts which would otherwise be required to the proviso in SECTION 4.02 and the express terms of be deposited into a Collection Account or any Indenture Supplement, but notwithstanding anything else in this Agreement to the contrary, Supplemental Bank Account with respect to any Monthly Period, whether the Servicer is required to make deposits of Collections pursuant to the first or the second preceding sentence, (i) the Servicer will only shall be required to deposit Collections into such amounts in the applicable Collection Account up or such applicable Supplemental Bank Account on the related Note Transfer Date to the aggregate amount of Collections extent necessary to make required to be deposited into any Series Account or, without duplication, distributed distributions on or prior to the related Distribution Payment Date to or for the benefit of Noteholders or to any Series Enhancer pursuant to the terms of any Indenture Supplement or Series Enhancement and any excess shall be paid to the Issuer for application in accordance with the Trust Agreement, and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will be permitted to withdraw the excess from the Collection Account and pay it to the Issuer for application in accordance with the Trust Agreement. The Servicer hereby acknowledges that any payments referenced in the immediately preceding sentence shall be paid directly to the Transferor pursuant to subsection 3.04(a) of the Trust Agreement. Subject to the second preceding sentence, the Servicer may retain its Servicing Fee with respect to a Series and shall not be required to deposit it in the Collection AccountAsset Pool.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Chase Manhattan Bank Usa)

Collections and Allocations. (a) The Servicer will apply or will instruct the Indenture Trustee in writing to apply all funds on deposit in the Collection Account as described in this ARTICLE IV Article and in each Indenture Supplement. Except as otherwise provided below, the Servicer shall deposit Collections into the Collection Account as promptly as possible after the Date of Processing of such Collections, but in no event later than the second (2nd) Business Day following the Date date of Processingprocessing. Subject to the express terms of any Indenture Supplementfirst proviso in Section 8.05, but notwithstanding anything else in this Agreement to the contrary, for so long as the following conditions are satisfied: (A) (i) CompuCredit remains the Servicer and maintains a short-term debt rating of not less than A-1 by Standard & Poor's, P-1 by Xxxxx'x and F1+ by Fitch (if rated by Fitch), and (ii) no Early Redemption Event, Reinvestment Event Indenture or Event of Default shall have occurred or (B) other arrangements are made such that the Rating Agency Condition is satisfied with respect thereto, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentence, but may make a single deposit in the Collection Account in immediately available funds not later than 4:00 p.m., New York City time, on the Transfer Date following the Monthly Period for which such Collections were processed. Subject to the proviso in SECTION 4.02 and the express terms of any Indenture Supplement, but notwithstanding anything else in this Servicing Agreement to the contrary, with respect to any Monthly Period, whether the Servicer is required to make deposits of Collections collections pursuant to the first or the second preceding sentence, (i) the Servicer will only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on or prior to the related Distribution Payment Date to or for the benefit of Noteholders or to any Series Enhancer pursuant to the terms of any Indenture Supplement or Series Enhancement and any excess shall be paid to the Issuer for application in accordance with the Trust Agreement, Agreement and (ii) if at any time prior to such Distribution Payment Date the amount of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will be permitted to cause the Indenture Trustee to withdraw the excess from the Collection Account and pay it such amounts pursuant to the Issuer for application in accordance with the Trust Agreement. The Servicer hereby acknowledges that any payments referenced in the immediately preceding sentence shall be paid directly to the Transferor pursuant to subsection 3.04(a) terms of the Trust AgreementTransaction Documents. Subject to the second immediately preceding sentence, the Servicer may retain its Servicing Fee with respect to a Series and shall not be required to deposit it in the Collection Account. To the extent that, in accordance with this subsection, the Servicer has retained amounts which would otherwise be required to be deposited into the Collection Account or any Series Account with respect to any Monthly Period, the Servicer shall be required to deposit such amounts in the Collection Account or such Series Account on the related Transfer Date to the extent necessary to make required distributions on the related Payment Date, including any amounts which are required to be applied as Reallocated Principal Collections, and pay any amounts remaining after making such deposit pursuant to the terms of the Transaction Documents.

Appears in 1 contract

Samples: Note Purchase Agreement (Bon Ton Stores Inc)

Collections and Allocations. (a) The Collections in General. Until this Base Indenture is terminated pursuant to Section 11.1, the Issuer shall, and the Indenture Trustee is authorized to, cause all Collections due and to become due to the Issuer or the Indenture Trustee, as the case may be, to be paid directly into the Collection Account no later than the close of business on the second Business Day after receipt thereof, and the Servicer will apply shall be instructed to remit all Collections received by it in accordance with the Servicing Agreement to the Collection Account for deposit therein. In addition, the Issuer shall deposit to the Collection Account no later than the close of business on each Determination Date the aggregate Purchase Amounts payable by the Issuer pursuant to Section 7.5 of the Base Indenture. If the Issuer shall receive any written statement from the Servicer stating that any amount previously paid by the Servicer to the Indenture Trustee or will instruct Issuer and deposited into the Collection Account was so paid and deposited into the Collection Account in error, the Issuer, if it shall concur as to the truth of such statement, shall forward to the Indenture Trustee in writing writing, together with such security or indemnity as may be required by it to apply all funds on deposit in hold the Indenture Trustee harmless, a copy of such written statement from the Servicer, along with an instruction to the Indenture Trustee to withdraw such amount from the Collection Account as described in this ARTICLE IV and in each Indenture Supplement. Except as otherwise provided below, the Servicer shall deposit Collections into the Collection Account as promptly as possible after the Date of Processing of pay such Collections, but in no event later than the second (2nd) Business Day following the Date of Processing. Subject amount to the express terms Servicer. Following receipt from the Issuer of any Indenture Supplementthe Servicer's statement and the written instructions set forth in the preceding sentence, but notwithstanding anything else in this Agreement to the contrary, for so long as the following conditions are satisfied: (A) (i) CompuCredit remains the Servicer and maintains a short-term debt rating of not less than A-1 by Standard & Poor's, P-1 by Xxxxx'x and F1+ by Fitch (if rated by Fitch), and (ii) no Early Redemption Event, Reinvestment Event or Event of Default shall have occurred or (B) other arrangements are made such that the Rating Agency Condition is satisfied with respect theretoand be continuing, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentence, but may make a single deposit in the Collection Account in immediately available funds not later than 4:00 p.m., New York City time, on the Transfer Date following the Monthly Period for which Indenture Trustee shall withdraw such Collections were processed. Subject to the proviso in SECTION 4.02 and the express terms of any Indenture Supplement, but notwithstanding anything else in this Agreement to the contrary, with respect to any Monthly Period, whether the Servicer is required to make deposits of Collections pursuant to the first or the second preceding sentence, (i) the Servicer will only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on or prior to the related Distribution Date to or for the benefit of Noteholders or to any Series Enhancer pursuant to the terms of any Indenture Supplement or Series Enhancement and any excess shall be paid to the Issuer for application in accordance with the Trust Agreement, and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will be permitted to withdraw the excess from the Collection Account and pay it such amount to such Servicer. The Issuer agrees that if any such monies, instruments, cash or other proceeds shall be received by the Issuer for application in accordance an account other than the Collection Account or in any other manner, such monies, instruments, cash and other proceeds will not be commingled by the Issuer with the Trust Agreement. The Servicer hereby acknowledges that any payments referenced in the immediately preceding sentence of its other funds or property, if any, but will be held separate and apart therefrom and shall be held in trust by the Issuer for, and immediately paid directly to over to, but in any event within two Business Days from receipt, the Transferor Indenture Trustee with any necessary endorsement. All monies, instruments, cash and other proceeds received by the Indenture Trustee pursuant to subsection 3.04(a) of the Trust Agreement. Subject to the second preceding sentence, the Servicer may retain its Servicing Fee with respect to a Series and this Base Indenture shall not be required to deposit it immediately deposited in the Collection AccountAccount within two Business Days from receipt and shall be applied as provided in this Article 5.

Appears in 1 contract

Samples: Base Indenture (Uici)

Collections and Allocations. (a) The Servicer will apply shall apply, or will ---------------------------- shall instruct the Indenture Trustee in writing to apply apply, all Collections, and other funds on deposit held in the Collection Account that are allocated to the Series 1998-2 Certificates as described in this ARTICLE IV and in each Indenture SupplementArticle IV. Except as otherwise provided below, the Servicer shall deposit Collections into the Collection Account as promptly as possible after the Date of Processing of such Collections, but in no event later than the second (2nd) Business Day following the Date of Processing. Subject to the express terms of any Indenture Supplement, but notwithstanding anything else in this Agreement to the contrary, for so long as the following conditions are satisfied: (A) (i) CompuCredit remains the Servicer and maintains a short-term debt rating of not less than A-1 by Standard & Poor's, P-1 by Xxxxx'x and F1+ by Fitch (if rated by Fitch), and (ii) no Early Redemption Event, Reinvestment Event or Event of Default shall have occurred or (B) other arrangements are made such Provided that the Rating Agency Condition is satisfied with respect thereto, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in are required pursuant to Section 4.1(f) of the preceding sentenceAgreement, but may make a single deposit in the applicable Investor Percentage of Finance Charge Collections shall be deposited into the Collection Account in immediately available funds on a daily basis. During the Revolving Period, so long as the Available Enhancement Amount is not later less than 4:00 p.m.the Required Enhancement Amount, New York City time, on the Transfer Date following the Monthly Period for which such Collections were processed. Subject of Principal Receivables allocable to the proviso in SECTION 4.02 and the express terms of any Indenture Supplement, but notwithstanding anything else in this Agreement to the contrary, Series 1998-2 with respect to any each Monthly Period need not be deposited into the Collection Account on a daily basis during such Monthly Period; provided, whether however, that in the event that the Minimum Transferor Amount exceeds the Transferor Amount on any date, such Collections of Principal Receivables shall be deposited into the Excess Funding Account until the Transferor Amount equals the Minimum Transferor Amount; and provided, further, that on any date on which the sum of the Aggregate Principal Receivables and the Excess Funding Amount is less than the Aggregate Adjusted Investor Amount, such Collections of Principal Receivables shall be deposited into the Collection Account on a daily basis. During the Accumulation Period, after an amount of Collections of Principal Receivables allocable to Series 1998-2 equal to the Controlled Deposit Amount with respect to each Monthly Period has been deposited into the Collection Account, and so long as the Available Enhancement Amount is not less than the Required Enhancement Amount, Collections of Principal Receivables allocable to Series 1998-2 with respect to each Monthly Period need not be deposited into the Collection Account on a daily basis during such Monthly Period; provided, however, that in the event that the Minimum Transferor Amount exceeds the Transferor Amount on any date, such Collections of Principal Receivables shall be deposited into the Excess Funding Account until the Transferor Amount equals the Minimum Transferor Amount; and, provided, further, that on any date on which the sum of the Aggregate Principal Receivables and the Excess Funding Amount is less than the Aggregate Investor Amount, such Collections of Principal Receivables shall be deposited into the Collection Account on a daily basis. Notwithstanding the foregoing, the Servicer is required to need not make daily deposits of Collections pursuant to the first or the second preceding sentence, (i) the Servicer will only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on or prior to the related Distribution Date to or for the benefit of Noteholders or to any Series Enhancer pursuant to the terms of any Indenture Supplement or Series Enhancement and any excess shall be paid to the Issuer for application in accordance with the Trust Agreement, and (ii) if at any time prior to such Distribution Date when the amount requirements of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will be permitted to withdraw the excess from the Collection Account and pay it to the Issuer for application in accordance with the Trust Agreement. The Servicer hereby acknowledges that any payments referenced in the immediately preceding sentence shall be paid directly to the Transferor pursuant to subsection 3.04(aSection 4.1(f) of the Trust Agreement. Subject to the second preceding sentence, the Servicer may retain its Servicing Fee with respect to a Series and shall not be required to deposit it in the Collection AccountAgreement are satisfied.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Proffitts Credit Corp)

Collections and Allocations. (a) The Servicer will apply (or, if the authority of the Servicer has been revoked pursuant to Section 10.01 hereof, or, if a Successor Servicer has been appointed, the Successor Servicer) shall receive from time to time funds from each Transferor in respect of Receivables and from each applicable Master Trust with respect to the Collateral Certificates pledged to the Trust. Upon receipt of any funds in respect of a Collateral Certificate or will instruct Receivables, unless otherwise specified herein, the Indenture Trustee in writing to apply all funds on Servicer shall deposit such amounts in the Collection Account as described for the Asset Pool in this ARTICLE IV and in each which such Collateral Certificate or Receivables have been designated for inclusion, which amounts shall be applied by the applicable Collateral Agent, on behalf of the Indenture SupplementTrustee, for such Asset Pool pursuant to the Asset Pool Supplement for such Asset Pool. Except as otherwise provided below, the Servicer shall deposit Collections with respect to Receivables into the Collection Account for the applicable Asset Pool as promptly as possible after the Date of Processing of such Collections, but in no event later than the second (2nd) Business Day following the Date of ProcessingProcessing and shall deposit Collections received with respect to Collateral Certificates with respect to any Monthly Period into the Collection Account for the applicable Asset Pool no later than the First Note Transfer Date for the applicable Asset Pool in the next succeeding Monthly Period. Subject to In the express terms event of the insolvency of the Servicer, then, immediately upon the occurrence of such event and thereafter, the Servicer shall deposit all Collections into the Collection Account for each applicable Asset Pool and in no such event shall the Servicer deposit any Indenture SupplementCollections thereafter into any account established, but notwithstanding anything else in this Agreement to held or maintained with the contrary, for so Servicer. For as long as Chase USA remains the following conditions are satisfied: (A) Servicer hereunder and (i) CompuCredit remains the no Servicer Rating Event shall have occurred and maintains be continuing or (ii) Chase USA obtains a guarantee or letter of credit covering risk of collection with respect to its deposit and payment obligations under this Agreement (in form and substance satisfactory to each Note Rating Agency) from a guarantor having a short-term debt credit rating of not less than A-1 by at least “A-1” from Standard & Poor's, P-1 by Xxxxx'x and ’s or “P-1” from Xxxxx’x or “F1+ by ” from Fitch (if or such other rating below “A-1” or “P-1,” or to the extent rated by Fitch, “F1,” as the case may be, which is acceptable to such Note Rating Agency), and or (iii) the Note Rating Agency Condition will have been satisfied despite the Servicer’s inability to satisfy the rating requirement specified in clause (i) or (ii) no Early Redemption Eventabove, Reinvestment Event or Event of Default shall have occurred or (Biv) other arrangements are made for five Business Days following any reduction of any such that rating or failure to satisfy the Rating Agency Condition is satisfied with respect theretoconditions specified in clause (i) or (ii) above, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentenceparagraph, but may make a single deposit deposits in an amount equal to the net amount of such deposits and payments which would have been made with respect to Notes to receive payments on the related Payment Dates had the conditions of this sentence not applied, in the Collection Account in immediately available funds not later than 4:00 1:00 p.m., New York City time, on the each applicable Note Transfer Date following the Monthly Period for with respect to which such Collections were processeddeposit relates. Subject To the extent that, in accordance with this Section 3.01, the Servicer has retained amounts which would otherwise be required to the proviso in SECTION 4.02 and the express terms of be deposited into a Collection Account or any Indenture Supplement, but notwithstanding anything else in this Agreement to the contrary, Supplemental Bank Account with respect to any Monthly Period, whether the Servicer is required to make deposits of Collections pursuant to the first or the second preceding sentence, (i) the Servicer will only shall be required to deposit Collections into such amounts in the applicable Collection Account up or such applicable Supplemental Bank Account on the related Note Transfer Date to the aggregate amount of Collections extent necessary to make required to be deposited into any Series Account or, without duplication, distributed distributions on or prior to the related Distribution Payment Date to or for the benefit of Noteholders or to any Series Enhancer pursuant to the terms of any Indenture Supplement or Series Enhancement and any excess shall be paid to the Issuer for application in accordance with the Trust Agreement, and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will be permitted to withdraw the excess from the Collection Account and pay it to the Issuer for application in accordance with the Trust Agreement. The Servicer hereby acknowledges that any payments referenced in the immediately preceding sentence shall be paid directly to the Transferor pursuant to subsection 3.04(a) of the Trust Agreement. Subject to the second preceding sentence, the Servicer may retain its Servicing Fee with respect to a Series and shall not be required to deposit it in the Collection AccountAsset Pool.

Appears in 1 contract

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

Collections and Allocations. (a) The Servicer will apply (or, if the authority of the Servicer has been revoked pursuant to Section 10.01 hereof, or, if a Successor Servicer has been appointed, the Successor Servicer) shall receive from time to time funds from each Transferor in respect of Receivables and from each applicable Master Trust with respect to the Collateral Certificates pledged to the Trust. Upon receipt of any funds in respect of a Collateral Certificate or will instruct Receivables, unless otherwise specified herein, the Indenture Trustee in writing to apply all funds on Servicer shall deposit such amounts in the Collection Account as described for the Asset Pool in this ARTICLE IV and in each which such Collateral Certificate or Receivables have been designated for inclusion, which amounts shall be applied by the applicable Collateral Agent, on behalf of the Indenture SupplementTrustee, for such Asset Pool pursuant to the Asset Pool Supplement for such Asset Pool. Except as otherwise provided below, the Servicer shall deposit Collections with respect to Receivables into the Collection Account for the applicable Asset Pool as promptly as possible after the Date of Processing of such Collections, but in no event later than the second (2nd) Business Day following the Date of ProcessingProcessing and shall deposit Collections received with respect to Collateral Certificates with respect to any Monthly Period into the Collection Account for the applicable Asset Pool no later than the First Note Transfer Date for the applicable Asset Pool in the next succeeding Monthly Period. Subject to In the express terms event of the insolvency of the Servicer, then, immediately upon the occurrence of such event and thereafter, the Servicer shall deposit all Collections into the Collection Account for each applicable Asset Pool and in no such event shall the Servicer deposit any Indenture SupplementCollections thereafter into any account established, but notwithstanding anything else in this Agreement to held or maintained with the contrary, for so Servicer. For as long as First USA remains the following conditions are satisfied: (A) Servicer hereunder and (i) CompuCredit remains the no Servicer Rating Event shall have occurred and maintains be continuing or (ii) First USA obtains a guarantee or letter of credit covering risk of collection with respect to its deposit and payment obligations under this Agreement (in form and substance satisfactory to each Note Rating Agency) from a guarantor having a short-term debt credit rating of not less than A-1 by at least "A-1" from Standard & Poor's, P-1 by 's or "P-1" from Xxxxx'x and or "F1+ by " from Fitch (if or such other rating below "A-1" or "P-1," or to the extent rated by Fitch, "F1," as the case may be, which is acceptable to such Note Rating Agency), and or (iii) the Note Rating Agency Condition will have been satisfied despite the Servicer's inability to satisfy the rating requirement specified in clause (i) or (ii) no Early Redemption Eventabove, Reinvestment Event or Event of Default shall have occurred or (Biv) other arrangements are made for five Business Days following any reduction of any such that rating or failure to satisfy the Rating Agency Condition is satisfied with respect theretoconditions specified in clause (i) or (ii) above, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentenceparagraph, but may make a single deposit deposits in an amount equal to the net amount of such deposits and payments which would have been made with respect to Notes to receive payments on the related Payment Dates had the conditions of this sentence not applied, in the Collection Account in immediately available funds not later than 4:00 1:00 p.m., New York City time, on the each applicable Note Transfer Date following the Monthly Period for with respect to which such Collections were processeddeposit relates. Subject To the extent that, in accordance with this Section 3.01, the Servicer has retained amounts which would otherwise be required to the proviso in SECTION 4.02 and the express terms of be deposited into a Collection Account or any Indenture Supplement, but notwithstanding anything else in this Agreement to the contrary, Supplemental Bank Account with respect to any Monthly Period, whether the Servicer is required to make deposits of Collections pursuant to the first or the second preceding sentence, (i) the Servicer will only shall be required to deposit Collections into such amounts in the applicable Collection Account up or such applicable Supplemental Bank Account on the related Note Transfer Date to the aggregate amount of Collections extent necessary to make required to be deposited into any Series Account or, without duplication, distributed distributions on or prior to the related Distribution Payment Date to or for the benefit of Noteholders or to any Series Enhancer pursuant to the terms of any Indenture Supplement or Series Enhancement and any excess shall be paid to the Issuer for application in accordance with the Trust Agreement, and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will be permitted to withdraw the excess from the Collection Account and pay it to the Issuer for application in accordance with the Trust Agreement. The Servicer hereby acknowledges that any payments referenced in the immediately preceding sentence shall be paid directly to the Transferor pursuant to subsection 3.04(a) of the Trust Agreement. Subject to the second preceding sentence, the Servicer may retain its Servicing Fee with respect to a Series and shall not be required to deposit it in the Collection AccountAsset Pool.

Appears in 1 contract

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

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Collections and Allocations. (a) The Servicer will apply (or, if the authority of the Servicer has been revoked pursuant to Section 10.01 hereof, or, if a Successor Servicer has been appointed, the Successor Servicer) shall receive from time to time funds from each Transferor in respect of Receivables and from each applicable Master Trust with respect to the Collateral Certificates pledged to the Trust. Upon receipt of any funds in respect of a Collateral Certificate or will instruct Receivables, unless otherwise specified herein, the Indenture Trustee in writing to apply all funds on Servicer shall deposit such amounts in the Collection Account as described for the Asset Pool in this ARTICLE IV and in each which such Collateral Certificate or Receivables have been designated for inclusion, which amounts shall be applied by the applicable Collateral Agent, on behalf of the Indenture SupplementTrustee, for such Asset Pool pursuant to the Asset Pool Supplement for such Asset Pool. Except as otherwise provided below, the Servicer shall deposit Collections with respect to Receivables into the Collection Account for the applicable Asset Pool as promptly as possible after the Date of Processing of such Collections, but in no event later than the second (2nd) Business Day following the Date of ProcessingProcessing and shall deposit Collections received with respect to Collateral Certificates with respect to any Monthly Period into the Collection Account for the applicable Asset Pool no later than the First Note Transfer Date for the applicable Asset Pool in the next succeeding Monthly Period. Subject to In the express terms event of the insolvency of the Servicer, then, immediately upon the occurrence of such event and thereafter, the Servicer shall deposit all Collections into the Collection Account for each applicable Asset Pool and in no such event shall the Servicer deposit any Indenture SupplementCollections thereafter into any account established, but notwithstanding anything else in this Agreement to held or maintained with the contrary, for so Servicer. For as long as First USA remains the following conditions are satisfied: (A) Servicer hereunder and (i) CompuCredit remains the no Servicer Rating Event shall have occurred and maintains be continuing or (ii) First USA obtains a guarantee or letter of credit covering risk of collection with respect to its deposit and payment obligations under this Agreement (in form and substance satisfactory to each Note Rating Agency) from a guarantor having a short-term debt credit rating of not less than A-1 by at least "A-1" from Standard & Poor's, P-1 by Xxxxx'x and 's or "P-1" from Moody's or "F1+ by " from Fitch (if or such other rating below "A-1" or "P-1," xx xo the extent rated by Fitch, "F1," as the case may be, which is acceptable to such Note Rating Agency), and or (iii) the Note Rating Agency Condition will have been satisfied despite the Servicer's inability to satisfy the rating requirement specified in clause (i) or (ii) no Early Redemption Eventabove, Reinvestment Event or Event of Default shall have occurred or (Biv) other arrangements are made for five Business Days following any reduction of any such that rating or failure to satisfy the Rating Agency Condition is satisfied with respect theretoconditions specified in clause (i) or (ii) above, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentenceparagraph, but may make a single deposit deposits in an amount equal to the net amount of such deposits and payments which would have been made with respect to Notes to receive payments on the related Payment Dates had the conditions of this sentence not applied, in the Collection Account in immediately available funds not later than 4:00 1:00 p.m., New York City time, on the each applicable Note Transfer Date following the Monthly Period for with respect to which such Collections were processeddeposit relates. Subject To the extent that, in accordance with this Section 3.01, the Servicer has retained amounts which would otherwise be required to the proviso in SECTION 4.02 and the express terms of be deposited into a Collection Account or any Indenture Supplement, but notwithstanding anything else in this Agreement to the contrary, Supplemental Bank Account with respect to any Monthly Period, whether the Servicer is required to make deposits of Collections pursuant to the first or the second preceding sentence, (i) the Servicer will only shall be required to deposit Collections into such amounts in the applicable Collection Account up or such applicable Supplemental Bank Account on the related Note Transfer Date to the aggregate amount of Collections extent necessary to make required to be deposited into any Series Account or, without duplication, distributed distributions on or prior to the related Distribution Payment Date to or for the benefit of Noteholders or to any Series Enhancer pursuant to the terms of any Indenture Supplement or Series Enhancement and any excess shall be paid to the Issuer for application in accordance with the Trust Agreement, and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will be permitted to withdraw the excess from the Collection Account and pay it to the Issuer for application in accordance with the Trust Agreement. The Servicer hereby acknowledges that any payments referenced in the immediately preceding sentence shall be paid directly to the Transferor pursuant to subsection 3.04(a) of the Trust Agreement. Subject to the second preceding sentence, the Servicer may retain its Servicing Fee with respect to a Series and shall not be required to deposit it in the Collection AccountAsset Pool.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Bank One Delaware National Association)

Collections and Allocations. (a) Collections. The Servicer will apply or will instruct the Indenture Trustee in writing to apply all funds on deposit in the Collection Account as described in this ARTICLE IV Transferor and in each Indenture Supplement. Except as otherwise provided below, the Servicer shall deposit Collections into the Collection Account as promptly as possible after the Date of Processing of such Collections, but in no event later than the second hereby agree: (2ndi) Business Day following the Date of Processing. Subject to the express terms of any Indenture Supplement, but notwithstanding anything else in this Agreement to the contrary, for so long as the following conditions are satisfied: (A) (i) CompuCredit remains for a period not to exceed 90 days, to cause all Collections which may be sent by Obligors by mail to be remitted to Post-Office Box number 4955, Houston, TX 77210-4955 which shall be collected daily by Servicer, and shall thereupon be deposited by the Servicer and maintains a short-term debt rating of not less than A-1 by Standard & Poor's, P-1 by Xxxxx'x and F1+ by Fitch (if rated by Fitch), and (ii) no Early Redemption Event, Reinvestment Event or Event of Default shall have occurred or (B) other arrangements are made such that the Rating Agency Condition is satisfied with respect thereto, the Servicer need not make the daily deposits of Collections directly into the Collection Initial Depository Account as provided in the preceding sentence, but may make a single deposit in the Collection Account in immediately available funds not later than 4:00 p.m., New York City time, on the Transfer Date following the Monthly Period for same Business Day of receipt thereof from such post-office box and, after such 90 day period, to cause all Collections which such Collections were processed. Subject to the proviso in SECTION 4.02 and the express terms of any Indenture Supplement, but notwithstanding anything else in this Agreement to the contrary, with respect to any Monthly Period, whether the Servicer is required to make deposits of Collections pursuant to the first or the second preceding sentence, (i) the Servicer will only may be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required sent by Obligors by mail to be deposited into any Series Account or, without duplication, distributed on or prior remitted to the related Distribution Date to or for the benefit of Noteholders or to any Series Enhancer a post-office box which shall be collected daily by a third-party processor (pursuant to the terms of any Indenture Supplement or Series Enhancement an agreement in form and any excess shall be paid substance satisfactory to the Issuer for application Trustee and each Certificateholder), and shall thereupon be deposited by such third-party processor directly into the Initial Depository Account on the same Business Day of receipt thereof from such post-office box; and (B) to cause all such payments to be deposited into the Collection Account within one Business Day of deposit of such payment into the Initial Depository Account; and (ii) (A) to cause all Store Payments to be deposited in the related Store Account within one Business Day of receipt thereof; and (B) to cause all such Store Payments to be deposited into the Shared Concentration Account within three Business Days of deposit of such payments into a Store Account, which Store Payments shall then be deposited into the Collection Account from the Shared Concentration Account in accordance with the Trust Agreement, and (ii) if at any time prior to such Distribution Date terms of the amount of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will be permitted to withdraw the excess from the Collection Account and pay it to the Issuer for application in accordance with the Trust Intercreditor Agreement. The Servicer hereby acknowledges agrees not to deposit or otherwise credit, or cause or permit to be so deposited or credited, to the Collection Account cash or cash proceeds other than Collections of Receivables. The Transferor and Servicer agree to clearly and unambiguously identify each Account (including any Additional Account designated pursuant to Section 2.6) in its computer or other records to reflect that any payments referenced an interest in the immediately preceding sentence shall be paid directly Receivables arising in such Account has been sold pursuant to this Agreement and shall, prior to the Transferor pursuant to subsection 3.04(a) of the Trust Agreement. Subject to the second preceding sentence, the Servicer may retain its Servicing Fee with respect sale or transfer to a Series third party of any Receivable held in its custody, examine its computer and shall other records to determine that an interest in such Receivable has not be required to deposit it in the Collection Accountbeen sold.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Stage Stores Inc)

Collections and Allocations. (a) The Servicer will apply (or, if the authority of the Servicer has been revoked pursuant to Section 10.01 hereof, or, if a Successor Servicer has been appointed, the Successor Servicer) shall receive from time to time funds from each Transferor in respect of Receivables and from each applicable Master Trust with respect to the Collateral Certificates pledged to the Trust. Upon receipt of any funds in respect of a Collateral Certificate or will instruct Receivables, unless otherwise specified herein, the Indenture Trustee in writing to apply all funds on Servicer shall deposit such amounts in the Collection Account as described for the Asset Pool in this ARTICLE IV and in each which such Collateral Certificate or Receivables have been designated for inclusion, which amounts shall be applied by the applicable Collateral Agent, on behalf of the Indenture SupplementTrustee, for such Asset Pool pursuant to the Asset Pool Supplement for such Asset Pool. Except as otherwise provided below, the Servicer shall deposit Collections with respect to Receivables into the Collection Account for the applicable Asset Pool as promptly as possible after the Date of Processing of such Collections, but in no event later than the second (2nd) Business Day following the Date of ProcessingProcessing and shall deposit Collections received with respect to Collateral Certificates with respect to any Monthly Period into the Collection Account for the applicable Asset Pool no later than the First Note Transfer Date for the applicable Asset Pool in the next succeeding Monthly Period. Subject to In the express terms event of the insolvency of the Servicer, then, immediately upon the occurrence of such event and thereafter, the Servicer shall deposit all Collections into the Collection Account for each applicable Asset Pool and in no such event shall the Servicer deposit any Indenture SupplementCollections thereafter into any account established, but notwithstanding anything else in this Agreement to held or maintained with the contrary, for so Servicer. For as long as First USA remains the following conditions are satisfied: (A) Servicer hereunder and (i) CompuCredit remains the no Servicer Rating Event shall have occurred and maintains be continuing or (ii) First USA obtains a guarantee or letter of credit covering risk of collection with respect to its deposit and payment obligations under this Agreement (in form and substance satisfactory to each Note Rating Agency) from a guarantor having a short-term debt credit rating of not less than A-1 by at least "A-1" from Standard & Poor's, P-1 by Xxxxx'x and 's or "P-1" from Moody's or "F1+ by " from Fitch (if or such other rating below "A-1" or "P-0," xx to the extent rated by Fitch, "F1," as the case may be, which is acceptable to such Note Rating Agency), and or (iii) the Note Rating Agency Condition will have been satisfied despite the Servicer's inability to satisfy the rating requirement specified in clause (i) or (ii) no Early Redemption Eventabove, Reinvestment Event or Event of Default shall have occurred or (Biv) other arrangements are made for five Business Days following any reduction of any such that rating or failure to satisfy the Rating Agency Condition is satisfied with respect theretoconditions specified in clause (i) or (ii) above, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentenceparagraph, but may make a single deposit deposits in an amount equal to the net amount of such deposits and payments which would have been made with respect to Notes to receive payments on the related Payment Dates had the conditions of this sentence not applied, in the Collection Account in immediately available funds not later than 4:00 1:00 p.m., New York City time, on the each applicable Note Transfer Date following the Monthly Period for with respect to which such Collections were processeddeposit relates. Subject To the extent that, in accordance with this Section 3.01, the Servicer has retained amounts which would otherwise be required to the proviso in SECTION 4.02 and the express terms of be deposited into a Collection Account or any Indenture Supplement, but notwithstanding anything else in this Agreement to the contrary, Supplemental Bank Account with respect to any Monthly Period, whether the Servicer is required to make deposits of Collections pursuant to the first or the second preceding sentence, (i) the Servicer will only shall be required to deposit Collections into such amounts in the applicable Collection Account up or such applicable Supplemental Bank Account on the related Note Transfer Date to the aggregate amount of Collections extent necessary to make required to be deposited into any Series Account or, without duplication, distributed distributions on or prior to the related Distribution Payment Date to or for the benefit of Noteholders or to any Series Enhancer pursuant to the terms of any Indenture Supplement or Series Enhancement and any excess shall be paid to the Issuer for application in accordance with the Trust Agreement, and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will be permitted to withdraw the excess from the Collection Account and pay it to the Issuer for application in accordance with the Trust Agreement. The Servicer hereby acknowledges that any payments referenced in the immediately preceding sentence shall be paid directly to the Transferor pursuant to subsection 3.04(a) of the Trust Agreement. Subject to the second preceding sentence, the Servicer may retain its Servicing Fee with respect to a Series and shall not be required to deposit it in the Collection AccountAsset Pool.

Appears in 1 contract

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

Collections and Allocations. (a) The Servicer will apply or will instruct (or, if the authority of the Servicer has been revoked pursuant to Section 10.01 hereof, the Indenture Trustee Trustee, or, if a Successor Servicer has been appointed, the Successor Servicer) shall receive from time to time funds from each Transferor in writing respect of Receivables and from each applicable Master Trust with respect to apply all the Collateral Certificates pledged to the Trust. Upon receipt of any funds on in respect of a Collateral Certificate or Receivables, unless otherwise specified herein, the Servicer shall deposit such amounts in the Collection Account as described for the Asset Pool in this ARTICLE IV and in each which such Collateral Certificate or Receivables have been designated for inclusion, which amounts shall be applied by the applicable Collateral Agent, on behalf of the Indenture SupplementTrustee, for such Asset Pool pursuant to the Asset Pool Supplement for such Asset Pool. Except as otherwise provided below, the Servicer shall deposit Collections with respect to Receivables into the Collection Account for the applicable Asset Pool as promptly as possible after the Date of Processing of such Collections, but in no event later than the second (2nd) Business Day following the Date of ProcessingProcessing and shall deposit Collections received with respect to Collateral Certificates with respect to any Monthly Period into the Collection Account for the applicable Asset Pool no later than the First Note Transfer Date for the applicable Asset Pool in the next succeeding Monthly Period. Subject to In the express terms event of the insolvency of the Servicer, then, immediately upon the occurrence of such event and thereafter, the Servicer shall deposit all Collections into the Collection Account for each applicable Asset Pool and in no such event shall the Servicer deposit any Indenture SupplementCollections thereafter into any account established, but notwithstanding anything else in this Agreement to held or maintained with the contrary, for so Servicer. For as long as Chase USA remains the following conditions are satisfied: (A) Servicer hereunder and (i) CompuCredit remains the no Servicer Rating Event shall have occurred and maintains be continuing or (ii) Chase USA obtains a guarantee or letter of credit covering risk of collection with respect to its deposit and payment obligations under this Agreement (in form and substance satisfactory to each Note Rating Agency) from a guarantor having a short-term debt credit rating of not less than A-1 by at least “A-1” from Standard & Poor's, P-1 by Xxxxx'x and ’s or “P-1” from Xxxxx’x or “F1+ by ” from Fitch (if or such other rating below “A-1” or “P-1” or, to the extent rated by Fitch, “F1,” as the case may be, which is acceptable to such Note Rating Agency), and or (iii) the Note Rating Agency Condition will have been satisfied despite the Servicer’s inability to satisfy the rating requirement specified in clause (i) or (ii) no Early Redemption Eventabove, Reinvestment Event or Event of Default shall have occurred or (Biv) other arrangements are made for five Business Days following any reduction of any such that rating or failure to satisfy the Rating Agency Condition is satisfied with respect theretoconditions specified in clause (i) or (ii) above, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentenceparagraph, but may make a single deposit deposits in an amount equal to the net amount of such deposits and payments which would have been made with respect to Notes to receive payments on the related Payment Dates had the conditions of this sentence not applied, into the Collection Account in immediately available funds not later than 4:00 1:00 p.m., New York City time, on the each applicable Note Transfer Date following the Monthly Period for with respect to which such Collections were processeddeposit relates. Subject To the extent that, in accordance with this Section 3.01, the Servicer has retained amounts which would otherwise be required to the proviso in SECTION 4.02 and the express terms of be deposited into a Collection Account or any Indenture Supplement, but notwithstanding anything else in this Agreement to the contrary, Supplemental Bank Account with respect to any Monthly Period, whether the Servicer is required to make deposits of Collections pursuant to the first or the second preceding sentence, (i) the Servicer will only shall be required to deposit Collections into such amounts in the applicable Collection Account up or such Supplemental Bank Account on the related Note Transfer Date to the aggregate amount of Collections extent necessary to make required to be deposited into any Series Account or, without duplication, distributed distributions on or prior to the related Distribution Payment Date to or for the benefit of Noteholders or to any Series Enhancer pursuant to the terms of any Indenture Supplement or Series Enhancement and any excess shall be paid to the Issuer for application in accordance with the Trust Agreement, and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will be permitted to withdraw the excess from the Collection Account and pay it to the Issuer for application in accordance with the Trust Agreement. The Servicer hereby acknowledges that any payments referenced in the immediately preceding sentence shall be paid directly to the Transferor pursuant to subsection 3.04(a) of the Trust Agreement. Subject to the second preceding sentence, the Servicer may retain its Servicing Fee with respect to a Series and shall not be required to deposit it in the Collection AccountAsset Pool.

Appears in 1 contract

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

Collections and Allocations. (a) The Servicer will apply shall apply, or will shall instruct the Indenture Trustee in writing to apply apply, all Collections, and other funds on deposit held in the Collection Account that are allocated to the Series 1997-2 Certificates as described in this ARTICLE IV Article IV. During the Revolving Period and in the Accumulation Period, Collections of Finance Charge Receivables allocable to Series 1997-2 with respect to each Indenture Supplement. Except as otherwise provided below, the Servicer shall deposit Collections Monthly Period need not be deposited into the Collection Account as promptly as possible on a daily basis after an amount equal to Monthly Interest for the related Distribution Date of Processing of such Collectionsplus, but in if Profxxxx'x, Xxc. is no event later than longer the second (2nd) Business Day following Servicer, the Date of ProcessingInvestor Monthly Servicing Fee for the related Distribution Date, has been deposited into the Collection Account. Subject to During the express terms of any Indenture SupplementRevolving Period, but notwithstanding anything else in this Agreement to the contrary, for so long as the following conditions are satisfied: (A) (i) CompuCredit remains the Servicer and maintains a short-term debt rating of Available Enhancement Amount is not less than A-1 by Standard & Poor'sthe Required Enhancement Amount, P-1 by Xxxxx'x Collections of Principal Receivables allocable to Series 1997-2 with respect to each Monthly Period need not be deposited into the Collection Account on a daily basis during such Monthly Period; provided, however, that in the event that the Minimum Transferor Amount exceeds the Transferor Amount on any date, such Collections of Principal Receivables shall be deposited into the Excess Funding Account until the Transferor Amount equals the Minimum Transferor Amount; and F1+ by Fitch (if rated by Fitch)provided, further, that on any date on which the sum of the Aggregate Principal Receivables and the Excess Funding Amount is less than the Aggregate Investor Amount, such Collections of Principal Receivables shall be deposited into the Collection Account on a daily basis. During the Accumulation Period, after an amount of Collections of Principal Receivables allocable to Series 1997-2 equal to the Controlled Deposit Amount with respect to each Monthly Period has been deposited into the Collection Account, and (ii) no Early Redemption Eventso long as the Available Enhancement Amount is not less than the Required Enhancement Amount, Reinvestment Event or Event Collections of Default shall have occurred or (B) other arrangements are made Principal Receivables allocable to Series 1997-2 with respect to each Monthly Period need not be deposited into the Collection Account on a daily basis during such Monthly Period; provided, however, that in the event that the Rating Agency Condition Minimum Transferor Amount exceeds the Transferor Amount on any date, such Collections of Principal Receivables shall be deposited into the Excess Funding Account until the Transferor Amount equals the Minimum Transferor Amount; and, provided, further, that on any date on which the sum of the Aggregate Principal Receivables and the Excess Funding Amount is satisfied with respect theretoless than the Aggregate Investor Amount, such Collections of Principal Receivables shall be deposited into the Collection Account on a daily basis. Notwithstanding the foregoing, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in the preceding sentence, but may make a single deposit in the Collection Account in immediately available funds not later than 4:00 p.m., New York City time, on the Transfer Date following the Monthly Period for which such Collections were processed. Subject to the proviso in SECTION 4.02 and the express terms of any Indenture Supplement, but notwithstanding anything else in this Agreement to the contrary, with respect to any Monthly Period, whether the Servicer is required to make deposits of Collections pursuant to the first or the second preceding sentence, (i) the Servicer will only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on or prior to the related Distribution Date to or for the benefit of Noteholders or to any Series Enhancer pursuant to the terms of any Indenture Supplement or Series Enhancement and any excess shall be paid to the Issuer for application in accordance with the Trust Agreement, and (ii) if at any time prior to such Distribution Date when the amount requirements of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will be permitted to withdraw the excess from the Collection Account and pay it to the Issuer for application in accordance with the Trust Agreement. The Servicer hereby acknowledges that any payments referenced in the immediately preceding sentence shall be paid directly to the Transferor pursuant to subsection 3.04(aSection 4.1(f) of the Trust Agreement. Subject to the second preceding sentence, the Servicer may retain its Servicing Fee with respect to a Series and shall not be required to deposit it in the Collection AccountAgreement are satisfied.

Appears in 1 contract

Samples: Proffitts Credit Corp

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