Common use of Collections and Payment Date Advance Reimbursement Clause in Contracts

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] SUBI Certificate, remit to the 20[__]-[__] SUBI Collection Account (i) all Monthly Payments, (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, (v) any Pull-Ahead Amounts, (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[__] Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program as provided above), in each case, on the Business Day prior to the Payment Date for so long as the Monthly Remittance Condition is satisfied. So long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the Indenture.

Appears in 3 contracts

Samples: Financial Services (Financial Services Vehicle Trust), Financial Services (Financial Services Vehicle Trust), Financial Services (BMW Auto Leasing LLC)

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Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] 2010-1 SUBI Certificate, remit to the 20[__]-[__] 2010-1 SUBI Collection Account (i) all Monthly Payments, (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, Advances (v) any Pull-Ahead Amounts, Amounts and (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[__] 2010-1 Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] 2010-1 Vehicle or 20[__]-[__] 2010-1 Lease subject to the Like-Kind Exchange Program as provided above), in each case, on the Business Day prior to the Payment Date for so long as the Monthly Remittance Condition is satisfied. So long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] 2010-1 SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] 2010-1 SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] 2010-1 SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[__] 2010-1 Vehicle or 20[__]-[__] 2010-1 Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the Indenture.

Appears in 2 contracts

Samples: Financial Services (BMW Vehicle Lease Trust 2010-1), Financial Services (BMW Vehicle Lease Trust 2010-1)

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] 2019-1 SUBI Certificate, remit to the 20[__]-[__] 2019-1 SUBI Collection Account (i) all Monthly Payments, (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, (v) any Pull-Ahead Amounts, (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[__] Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program as provided above)dealer, in each case, on the Business Day prior to the Payment Date for so long as the Monthly Remittance Condition is satisfied. So long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] 2019-1 SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] 2019-1 SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] 2019-1 SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the Indenture.

Appears in 2 contracts

Samples: Financial Services Vehicle (BMW Vehicle Lease Trust 2019-1), Financial Services (BMW Vehicle Lease Trust 2019-1)

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] 2022-1 SUBI Certificate, remit to the 20[__]-[__] 2022-1 SUBI Collection Account (i) all Monthly PaymentsPayments (net of any Daily Advance Reimbursements), (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, (v) any Pull-Ahead Amounts, (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[__] Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program as provided above)dealer, in each case, on the Business Day prior to the related Payment Date for so long as the Monthly Remittance Condition is satisfied. So Notwithstanding the immediately preceding sentence, for so long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] 2022-1 SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] 2022-1 SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] 2022-1 SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next first Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the IndentureDate following such Collection Period.

Appears in 2 contracts

Samples: Basic Servicing Agreement (BMW Vehicle Lease Trust 2022-1), Basic Servicing Agreement (BMW Vehicle Lease Trust 2022-1)

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] 2023-1 SUBI Certificate, remit to the 20[__]-[__] 2023-1 SUBI Collection Account (i) all Monthly PaymentsPayments (net of any Daily Advance Reimbursements), (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, (v) any Pull-Ahead Amounts, (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[__] Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program as provided above)dealer, in each case, on the Business Day prior to the related Payment Date for so long as the Monthly Remittance Condition is satisfied. So Notwithstanding the immediately preceding sentence, for so long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] 2023-1 SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] 2023-1 SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] 2023-1 SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next first Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the IndentureDate following such Collection Period.

Appears in 2 contracts

Samples: Basic Servicing Agreement (BMW Vehicle Lease Trust 2023-1), Basic Servicing Agreement (BMW Vehicle Lease Trust 2023-1)

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] 2021-1 SUBI Certificate, remit to the 20[__]-[__] 2021-1 SUBI Collection Account (i) all Monthly PaymentsPayments (net of any Daily Advance Reimbursements), (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, (v) any Pull-Ahead Amounts, (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[__] Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program as provided above)dealer, in each case, on the Business Day prior to the related Payment Date for so long as the Monthly Remittance Condition is satisfied. So Notwithstanding the immediately preceding sentence, for so long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] 2021-1 SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] 2021-1 SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] 2021-1 SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next first Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the IndentureDate following such Collection Period.

Appears in 2 contracts

Samples: Financial Services Vehicle Trust (BMW Vehicle Lease Trust 2021-1), Financial Services Vehicle (BMW Vehicle Lease Trust 2021-1)

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] 2014-1 SUBI Certificate, remit to the 20[__]-[__] 2014-1 SUBI Collection Account (i) all Monthly Payments, (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, (v) any Pull-Ahead Amounts, (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[__] 2014-1 Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] 2014-1 Vehicle or 20[__]-[__] 2014-1 Lease subject to the Like-Kind Exchange Program as provided above), in each case, on the Business Day prior to the Payment Date for so long as the Monthly Remittance Condition is satisfied. So long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] 2014-1 SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] 2014-1 SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] 2014-1 SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[__] 2014-1 Vehicle or 20[__]-[__] 2014-1 Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the Indenture.

Appears in 2 contracts

Samples: Financial Services Vehicle Trust (BMW Auto Leasing LLC), Financial Services (BMW Auto Leasing LLC)

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] 2018-1 SUBI Certificate, remit to the 20[__]-[__] 2018-1 SUBI Collection Account (i) all Monthly Payments, (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, (v) any Pull-Ahead Amounts, (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[__] Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program as provided above)dealer, in each case, on the Business Day prior to the Payment Date for so long as the Monthly Remittance Condition is satisfied. So long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] 2018-1 SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] 2018-1 SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] 2018-1 SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the Indenture.

Appears in 2 contracts

Samples: Financial Services (BMW Vehicle Lease Trust 2018-1), Financial Services (BMW Vehicle Lease Trust 2018-1)

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] 2023-2 SUBI Certificate, remit to the 20[__]-[__] 2023-2 SUBI Collection Account (i) all Monthly PaymentsPayments (net of any Daily Advance Reimbursements), (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, (v) any Pull-Ahead Amounts, (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[__] Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program as provided above)dealer, in each case, on the Business Day prior to the related Payment Date for so long as the Monthly Remittance Condition is satisfied. So Notwithstanding the immediately preceding sentence, for so long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] 2023-2 SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] 2023-2 SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] 2023-2 SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next first Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the IndentureDate following such Collection Period.

Appears in 2 contracts

Samples: Basic Servicing Agreement (BMW Vehicle Lease Trust 2023-2), Basic Servicing Agreement (BMW Vehicle Lease Trust 2023-2)

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] 2017-2 SUBI Certificate, remit to the 20[__]-[__] 2017-2 SUBI Collection Account (i) all Monthly Payments, (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, (v) any Pull-Ahead Amounts, (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[__] 2017-2 Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] 2017-2 Vehicle or 20[__]-[__] 2017-2 Lease subject to the Like-Kind Exchange Program as provided above), in each case, on the Business Day prior to the Payment Date for so long as the Monthly Remittance Condition is satisfied. So long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] 2017-2 SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] 2017-2 SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] 2017-2 SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[__] 2017-2 Vehicle or 20[__]-[__] 2017-2 Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the Indenture.

Appears in 2 contracts

Samples: Financial Services Vehicle Trust (BMW Vehicle Lease Trust 2017-2), Financial Services Vehicle Trust (BMW Vehicle Lease Trust 2017-2)

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] 2012-1 SUBI Certificate, remit to the 20[__]-[__] 2012-1 SUBI Collection Account (i) all Monthly Payments, (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, (v) any Pull-Ahead Amounts, (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[__] 2012-1 Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] 2012-1 Vehicle or 20[__]-[__] 2012-1 Lease subject to the Like-Kind Exchange Program as provided above), in each case, on the Business Day prior to the Payment Date for so long as the Monthly Remittance Condition is satisfied. So long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] 2012-1 SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] 2012-1 SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] 2012-1 SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[__] 2012-1 Vehicle or 20[__]-[__] 2012-1 Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the Indenture.

Appears in 2 contracts

Samples: Financial Services (BMW Vehicle Lease Trust 2012-1), Financial Services (BMW Vehicle Lease Trust 2012-1)

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] 2016-1 SUBI Certificate, remit to the 20[__]-[__] 2016-1 SUBI Collection Account (i) all Monthly Payments, (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, (v) any Pull-Ahead Amounts, (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[__] 2016-1 Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] 2016-1 Vehicle or 20[__]-[__] 2016-1 Lease subject to the Like-Kind Exchange Program as provided above), in each case, on the Business Day prior to the Payment Date for so long as the Monthly Remittance Condition is satisfied. So long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] 2016-1 SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] 2016-1 SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] 2016-1 SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[__] 2016-1 Vehicle or 20[__]-[__] 2016-1 Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the Indenture.

Appears in 2 contracts

Samples: Basic Servicing Agreement (BMW Vehicle Lease Trust 2016-1), Basic Servicing Agreement (BMW Vehicle Lease Trust 2016-1)

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] 2011-1 SUBI Certificate, remit to the 20[__]-[__] 2011-1 SUBI Collection Account (i) all Monthly Payments, (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, Advances (v) any Pull-Ahead Amounts, Amounts and (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[__] 2011-1 Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] 2011-1 Vehicle or 20[__]-[__] 2011-1 Lease subject to the Like-Kind Exchange Program as provided above), in each case, on the Business Day prior to the Payment Date for so long as the Monthly Remittance Condition is satisfied. So long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] 2011-1 SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] 2011-1 SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] 2011-1 SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[__] 2011-1 Vehicle or 20[__]-[__] 2011-1 Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the Indenture.

Appears in 2 contracts

Samples: Financial Services (BMW Vehicle Lease Trust 2011-1), Financial Services (BMW Vehicle Lease Trust 2011-1)

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] 2016-2 SUBI Certificate, remit to the 20[__]-[__] 2016-2 SUBI Collection Account (i) all Monthly Payments, (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, (v) any Pull-Ahead Amounts, (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[__] 2016-2 Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] 2016-2 Vehicle or 20[__]-[__] 2016-2 Lease subject to the Like-Kind Exchange Program as provided above), in each case, on the Business Day prior to the Payment Date for so long as the Monthly Remittance Condition is satisfied. So long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] 2016-2 SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] 2016-2 SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] 2016-2 SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[__] 2016-2 Vehicle or 20[__]-[__] 2016-2 Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the Indenture.

Appears in 2 contracts

Samples: Basic Servicing Agreement (BMW Vehicle Lease Trust 2016-2), Basic Servicing Agreement (BMW Vehicle Lease Trust 2016-2)

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] 2017-1 SUBI Certificate, remit to the 20[__]-[__] 2017-1 SUBI Collection Account (i) all Monthly Payments, (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, (v) any Pull-Ahead Amounts, (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[__] 2017-1 Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] 2017-1 Vehicle or 20[__]-[__] 2017-1 Lease subject to the Like-Kind Exchange Program as provided above), in each case, on the Business Day prior to the Payment Date for so long as the Monthly Remittance Condition is satisfied. So long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] 2017-1 SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] 2017-1 SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] 2017-1 SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[__] 2017-1 Vehicle or 20[__]-[__] 2017-1 Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the Indenture.

Appears in 2 contracts

Samples: Financial Services Vehicle (BMW Vehicle Lease Trust 2017-1), Financial Services Vehicle (BMW Vehicle Lease Trust 2017-1)

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Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] 2024-1 SUBI Certificate, remit to the 20[__]-[__] 2024-1 SUBI Collection Account (i) all Monthly PaymentsPayments (net of any Daily Advance Reimbursements), (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, (v) any Pull-Ahead Amounts, (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[__] Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program as provided above)dealer, in each case, on the Business Day prior to the related Payment Date for so long as the Monthly Remittance Condition is satisfied. So Notwithstanding the immediately preceding sentence, for so long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] 2024-1 SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] 2024-1 SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] 2024-1 SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next first Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the IndentureDate following such Collection Period.

Appears in 2 contracts

Samples: Basic Servicing Agreement (BMW Vehicle Lease Trust 2024-1), Basic Servicing Agreement (BMW Vehicle Lease Trust 2024-1)

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] 2013-1 SUBI Certificate, remit to the 20[__]-[__] 2013-1 SUBI Collection Account (i) all Monthly Payments, (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, (v) any Pull-Ahead Amounts, (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[__] 2013-1 Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] 2013-1 Vehicle or 20[__]-[__] 2013-1 Lease subject to the Like-Kind Exchange Program as provided above), in each case, on the Business Day prior to the Payment Date for so long as the Monthly Remittance Condition is satisfied. So long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] 2013-1 SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] 2013-1 SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] 2013-1 SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[__] 2013-1 Vehicle or 20[__]-[__] 2013-1 Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the Indenture.

Appears in 2 contracts

Samples: Financial Services Vehicle Trust (BMW Vehicle Lease Trust 2013-1), Financial Services (BMW Vehicle Lease Trust 2013-1)

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] 2021-2 SUBI Certificate, remit to the 20[__]-[__] 2021-2 SUBI Collection Account (i) all Monthly PaymentsPayments (net of any Daily Advance Reimbursements), (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, (v) any Pull-Ahead Amounts, (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[__] Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program as provided above)dealer, in each case, on the Business Day prior to the related Payment Date for so long as the Monthly Remittance Condition is satisfied. So Notwithstanding the immediately preceding sentence, for so long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] 2021-2 SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] 2021-2 SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] 2021-2 SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next first Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the IndentureDate following such Collection Period.

Appears in 1 contract

Samples: Basic Servicing Agreement (BMW Vehicle Lease Trust 2021-2)

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] SUBI Certificate, remit to the 20[__]-[__] SUBI Collection Account (i) all Monthly Payments, (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, (v) any Pull-Ahead Amounts, (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[__] Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program as provided above)dealer, in each case, on the Business Day prior to the Payment Date for so long as the Monthly Remittance Condition is satisfied. So long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the Indenture.

Appears in 1 contract

Samples: Basic Servicing Agreement (Financial Services Vehicle Trust)

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[____]-[_] SUBI Certificate, remit to the 20[__]-[___]-[_] SUBI Collection Account (i) all Monthly Payments, (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or Section 2.3 above, (iv) all Advances, (v) any Pull-Ahead Amounts, (vi) any Recovery Proceeds Advances and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, for which the Servicer shall not be obligated was reimbursed during the related Collection Period pursuant to remit the actual Sales Proceeds for 20[__]-[__] Vehicles removed Section 2.7 from the Issuer under the Like-Kind Exchange Program, but instead SUBI Collections other than such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program as provided above), in each case, on the Business Day prior to the Payment Date for so long as the Monthly Remittance Condition is satisfied. So long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[____]-[_] SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[___]-[_] SUBI Collection Account any amounts indicated on the related Payment Date Servicer's Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of Seller and pay such amounts directly to the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a)Seller. Pending deposit into the 20[__]-[____]-[_] SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an a like amount equal from its own funds for allocation in the manner otherwise applicable to such Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next Payment DateProceeds. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there the Monthly Remittance Condition is no Indenture Default under the Indenturesatisfied.

Appears in 1 contract

Samples: Servicing Agreement (BMW Auto Leasing LLC)

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] SUBI Certificate, remit to the 20[__]-[__] SUBI Collection Account (i) all Monthly PaymentsPayments (net of any Daily Advance Reimbursements), (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, (v) any Pull-Ahead Amounts, (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[__] Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program as provided above)dealer, in each case, on the Business Day prior to the related Payment Date for so long as the Monthly Remittance Condition is satisfied. So Notwithstanding the immediately preceding sentence, for so long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next first Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the IndentureDate following such Collection Period.

Appears in 1 contract

Samples: Financial Services (Financial Services Vehicle Trust)

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[____]-[_] SUBI Certificate, remit to the 20[__]-[____]-[_] SUBI Collection Account (i) all Monthly Payments, (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, Advances (v) any Pull-Ahead Amounts, Amounts and (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[____]-[_] Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[____]-[_] Vehicle or 20[__]-[____]-[_] Lease subject to the Like-Kind Exchange Program as provided above), in each case, on the Business Day prior to the Payment Date for so long as the Monthly Remittance Condition is satisfied. So long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[____]-[_] SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[____]-[_] SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[____]-[_] SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[____]-[_] Vehicle or 20[__]-[____]-[_] Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the Indenture.

Appears in 1 contract

Samples: Servicing Agreement (BMW Auto Leasing LLC)

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] 2009-1 SUBI Certificate, remit to the 20[__]-[__] 2009-1 SUBI Collection Account (i) all Monthly Payments, (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or 2.3 above, (iv) all Advances, Advances (v) any Pull-Ahead Amounts, Amounts and (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, the Servicer shall not be obligated to remit the actual Sales Proceeds for 20[__]-[__] 2009-1 Vehicles removed from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] 2009-1 Vehicle or 20[__]-[__] 2009-1 Lease subject to the Like-Kind Exchange Program as provided above), in each case, on the Business Day prior to the Payment Date for so long as the Monthly Remittance Condition is satisfied. So long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] 2009-1 SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] 2009-1 SUBI Collection Account any amounts indicated on the related Payment Date Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] 2009-1 SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an amount equal to Sales Proceeds with respect to each 20[__]-[__] 2009-1 Vehicle or 20[__]-[__] 2009-1 Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next Payment Date. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the Indenture.

Appears in 1 contract

Samples: Financial Services (BMW Vehicle Lease Trust 2009-1)

Collections and Payment Date Advance Reimbursement. (a) The Servicer shall, with respect to SUBI Collections and amounts in respect of the 20[__]-[__] 2007-1 SUBI Certificate, remit to the 20[__]-[__] 2007-1 SUBI Collection Account (i) all Monthly Payments, (ii) all deposits required by Section 2.2 of the Basic Servicing Agreement, (iii) all Reallocation Payments pursuant to Sections 2.2 or Section 2.3 above, (iv) all Advances, Cap Payments or Cap Termination Payments; (v) any Pull-Ahead Amounts, all Advances and (vi) any Recovery Proceeds and (vii) any Sales Proceeds or Termination Proceeds from the disposition of a Matured Vehicle at auction or through sale to a dealer (it being understood that, with respect to Sales Proceeds, for which the Servicer shall not be obligated was reimbursed during the related Collection Period pursuant to remit the actual Sales Proceeds for 20[__]-[__] Vehicles removed Section 2.4(b)(i) from the Issuer under the Like-Kind Exchange Program, but instead such Sales Proceeds shall be held by the Qualified Intermediary and the Servicer will remit an amount equal to such Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program as provided above)SUBI Collections, in each case, on the Business Day prior to the Payment Date for so long as the Monthly Remittance Condition is satisfied. So long as the Monthly Remittance Condition is satisfied, the Servicer will remit all such amounts described in the preceding sentence within two Business Days of receipt to an account established and maintained by BMW Capital. If the Monthly Remittance Condition is not satisfied, SUBI Collections will be deposited into the 20[__]-[__] 2007-1 SUBI Collection Account within two Business Days of receipt. Notwithstanding anything herein to the contrary, so long as BMW FS is the Servicer, BMW FS may withhold from the deposit into the 20[__]-[__] 2007-1 SUBI Collection Account any amounts indicated on the related Payment Date Servicer's Certificate as being due and payable to the Servicer. Notwithstanding Section 2.11 of the Basic Servicing Agreement, Insurance Proceeds shall be remitted in accordance with this Section 2.4(a). Pending deposit into the 20[__]-[__] 2007-1 SUBI Collection Account, SUBI Collections may be employed by the Servicer at its own risk and for its own benefit and shall not be segregated from its own funds; provided, that the Servicer shall be permitted to apply Sales Proceeds for the acquisitions of leases and vehicles through the Like-Kind Exchange Program, in which case it shall remit an a like amount equal from its own funds for allocation in the manner otherwise applicable to such Sales Proceeds with respect to each 20[__]-[__] Vehicle or 20[__]-[__] Lease subject to the Like-Kind Exchange Program no later than two Business Days after such reallocation, or, if the Monthly Remittance Condition is met, the Servicer shall be permitted to retain such amount received during a Collection Period until the Business Day immediately preceding the next Payment DateProceeds. Notwithstanding anything to the contrary set forth herein or in the Vehicle Trust Agreement, amounts in the escrow account established pursuant to the Like-Kind Exchange Program shall not be subject to any lien so long as there is no Indenture Default under the Indenture.

Appears in 1 contract

Samples: Financial Services (BMW Vehicle Lease Trust 2007-1)

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