Common use of Collections Clause in Contracts

Collections. (a) Except as otherwise provided in this Agreement, the Servicer shall remit daily to the Collection Account all payments received by or on behalf of the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two (2) Business Days after receipt thereof. Notwithstanding the foregoing, for so long as the Monthly Remittance Conditions are satisfied, the Servicer shall not be required to remit such collections to the Collection Account on the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. New York time on each Payment Date, at which time the Servicer shall remit all such collections in respect of the related Collection Period to the Collection Account in immediately available funds. Commencing with the first day of the first Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any Monthly Remittance Condition is not satisfied, all collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections on or in respect of the Receivables and all Net Liquidation Proceeds shall be remitted by the Servicer to the Collection Account on a daily basis within two (2) Business Days after receipt thereof. (b) The Servicer shall give the Owner Trustee, the Indenture Trustee and each Rating Agency written notice of the failure of any Monthly Remittance Condition (and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after the occurrence thereof. Notwithstanding the failure of any Monthly Remittance Condition, the Servicer may utilize an alternative collection remittance schedule (which may be the remittance schedule previously utilized prior to the failure of such Monthly Remittance Condition), if the Servicer provides to the Owner Trustee and Indenture Trustee written confirmation that the Rating Agency Condition has been satisfied with respect to such alternative remittance schedule.

Appears in 44 contracts

Sources: Sale and Servicing Agreement (Toyota Auto Receivables 2026-a Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2026-a Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2025-D Owner Trust)

Collections. (a) Except as otherwise provided in this Agreement, the Servicer shall remit daily to the Collection Account all payments received by or on behalf of the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two (2) Business Days after receipt thereof. Notwithstanding the foregoing, for so long as the Monthly Remittance Conditions are satisfied, the Servicer shall not be required to remit such collections to the Collection Account on the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. 11:00am New York time on each Payment Date, at which time the Servicer shall remit all such collections in respect of the related Collection Period to the Collection Account in immediately available funds. Commencing with the first day of the first Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any Monthly Remittance Condition is not satisfied, all collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections on or in respect of the Receivables and all Net Liquidation Proceeds shall be remitted by the Servicer to the Collection Account on a daily basis within two (2) Business Days after receipt thereof. (b) The Servicer shall give the Owner Trustee, the Indenture Trustee and each Rating Agency written notice of the failure of any Monthly Remittance Condition (and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after the occurrence thereof. Notwithstanding the failure of any Monthly Remittance Condition, the Servicer may utilize an alternative collection remittance schedule (which may be the remittance schedule previously utilized prior to the failure of such Monthly Remittance Condition), if the Servicer provides to the Owner Trustee and Indenture Trustee written confirmation that the from each Rating Agency Condition has been satisfied with respect to that such alternative remittance scheduleschedule will not result in the reduction or withdrawal of the rating then assigned to any Class of Notes.

Appears in 43 contracts

Sources: Sale and Servicing Agreement (Toyota Auto Receivables 2017-C Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2017-C Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2017-B Owner Trust)

Collections. (a) Except as otherwise provided in this Agreement, the Servicer shall remit daily to the Collection Account all payments received by or on behalf of the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two (2) Business Days after receipt thereof. Notwithstanding the foregoing, for so long as the Monthly Remittance Conditions are satisfied, the Servicer shall not be required to remit such collections to the Collection Account on the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. New York time on each Payment Date, at which time the Servicer shall remit all such collections in respect of the related Collection Period to the Collection Account in immediately available funds. Commencing with the first day of the first Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any Monthly Remittance Condition is not satisfied, all collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections on or in respect of the Receivables and all Net Liquidation Proceeds shall be remitted by the Servicer to the Collection Account on a daily basis within two (2) Business Days after receipt thereof. (b) The Servicer shall give the Owner Trustee, the Indenture Trustee and each Rating Agency written notice of the failure of any Monthly Remittance Condition (and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after the occurrence thereof. Notwithstanding the failure of any Monthly Remittance Condition, the Servicer may utilize an alternative collection remittance schedule (which may be the remittance schedule previously utilized prior to the failure of such Monthly Remittance Condition), if the Servicer provides to the Owner Trustee and Indenture Trustee written confirmation that the from each Rating Agency Condition has been satisfied with respect to that such alternative remittance scheduleschedule will not result in the reduction or withdrawal of the rating then assigned to any Class of Notes.

Appears in 12 contracts

Sources: Sale and Servicing Agreement (Toyota Auto Receivables 2019-C Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2019-C Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2019-B Owner Trust)

Collections. (a) Except as otherwise provided in this Agreement, the Servicer shall remit daily to the Collection Account all payments received by or on behalf of the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two (2) Business Days after receipt thereof. Notwithstanding the foregoing, for so long as the Monthly Remittance Conditions are satisfied, the Servicer shall not be required to remit such collections to the Collection Account on the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. 11:00am New York time on each Payment Date, at which time the Servicer shall remit all such collections in respect of the related Collection Period to the Collection Account in immediately available funds. Commencing with the first day of the first Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any Monthly Remittance Condition is not satisfied, all collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections on or in respect of the Receivables and all Net Liquidation Proceeds shall be remitted by the Servicer to the Collection Account on a daily basis within two (2) Business Days after receipt thereof. (b) The Servicer shall give the Owner Trustee, the Indenture Trustee and each Rating Agency written notice of the failure of any Monthly Remittance Condition (and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after the occurrence thereof. Notwithstanding the failure of any Monthly Remittance Condition, the Servicer may utilize an alternative collection remittance schedule (which may be the remittance schedule previously utilized prior to the failure of such Monthly Remittance Condition), if the Servicer provides to the Owner Trustee and Indenture Trustee written confirmation that the from each Rating Agency Condition has been satisfied with respect to that such alternative remittance scheduleschedule will not result in the reduction or withdrawal of the rating then assigned to any Class of Notes.

Appears in 10 contracts

Sources: Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC), Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC), Sale and Servicing Agreement (Toyota Auto Receivables 2018-B Owner Trust)

Collections. (a) Except as otherwise provided in this Agreement, the Servicer shall remit daily to the Collection Account all Collections (other than payments received by or on behalf of Repurchased Receivables) not later than the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two (2) second Business Days Day after receipt identification thereof. Notwithstanding the foregoing; provided, for so long as however, that if the Monthly Remittance Conditions are Condition is satisfied, then the Servicer shall not be required to remit such collections to deposit into the Collection Account on an amount equal to the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. New York time on each Payment Date, at which time the Servicer shall remit all such collections in respect of Collections received during the related Collection Period until the Business Day before each Distribution Date. The “Monthly Remittance Condition” shall be deemed to be satisfied if (i) NMAC is the Collection Account in immediately available fundsServicer and (ii) NMAC’s short-term unsecured debt obligations are rated at least “Prime-1” by ▇▇▇▇▇’▇ and at least “F1” by Fitch (so long as ▇▇▇▇▇’▇ and Fitch are Rating Agencies). Commencing with the first day of the first Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any the Monthly Remittance Condition is not satisfied, all collections Collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections Collections on or in respect of the Receivables (other than payments on Repurchased Receivables) and all Net Liquidation Proceeds shall be remitted by the Servicer to the Collection Account on a daily basis within two (2) not later than the second Business Days Day after receipt thereof. (b) The Servicer shall give the Owner Trustee, the Indenture Trustee and each Rating Agency written notice of the failure of any Monthly Remittance Condition (and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after the occurrence identification thereof. Notwithstanding the failure of any Monthly Remittance Conditionforegoing, the Servicer may utilize an alternative collection remit Collections to the Collection Account on any other alternate remittance schedule (which may be but not later than the remittance schedule previously utilized prior to the failure of such Monthly Remittance Condition), related Distribution Date) if the Servicer provides to the Owner Trustee and Indenture Trustee written confirmation that the Rating Agency Condition has been is satisfied with respect to such alternative alternate remittance schedule. Pending deposit into the Collection Account, Collections may be commingled and used by the Servicer at its own risk and are not required to be segregated from its own funds.

Appears in 7 contracts

Sources: Sale and Servicing Agreement, Sale and Servicing Agreement (Nissan Auto Receivables 2017-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2017-a Owner Trust)

Collections. (a) Except as otherwise provided in this Agreement, the Servicer shall remit daily to the Collection Account all Collections (other than payments received by or on behalf of Repurchased Receivables) not later than the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two (2) second Business Days Day after receipt identification thereof. Notwithstanding the foregoing; provided, for so long as however, that if the Monthly Remittance Conditions are Condition is satisfied, then the Servicer shall not be required to remit such collections to deposit into the Collection Account on an amount equal to the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. New York time on each Payment Date, at which time the Servicer shall remit all such collections in respect of Collections received during the related Collection Period until the Business Day before each Distribution Date. The “Monthly Remittance Condition” shall be deemed to be satisfied if (i) NMAC is the Collection Account in immediately available fundsServicer and (ii) NMAC’s short-term unsecured debt obligations are rated at least “P-1” by ▇▇▇▇▇’▇ and at least “F-1” by Fitch (so long as ▇▇▇▇▇’▇ and ▇▇▇▇▇ are Rating Agencies). Commencing with the first day of the first Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any the Monthly Remittance Condition is not satisfied, all collections Collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections Collections on or in respect of the Receivables (other than payments on Repurchased Receivables) and all Net Liquidation Proceeds shall be remitted by the Servicer to the Collection Account on a daily basis within two (2) not later than the second Business Days Day after receipt thereof. (b) The Servicer shall give the Owner Trustee, the Indenture Trustee and each Rating Agency written notice of the failure of any Monthly Remittance Condition (and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after the occurrence identification thereof. Notwithstanding the failure of any Monthly Remittance Conditionforegoing, the Servicer may utilize an alternative collection remit Collections to the Collection Account on any other alternate remittance schedule (which may be but not later than the remittance schedule previously utilized prior to the failure of such Monthly Remittance Condition), related Distribution Date) if the Servicer provides to the Owner Trustee and Indenture Trustee written confirmation that the Rating Agency Condition has been is satisfied with respect to such alternative alternate remittance schedule. Pending deposit into the Collection Account, Collections may be commingled and used by the Servicer at its own risk and are not required to be segregated from its own funds.

Appears in 6 contracts

Sources: Sale and Servicing Agreement (Nissan Auto Receivables 2025-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2025-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2025-a Owner Trust)

Collections. (a) Except as otherwise provided in this Agreement, the Servicer shall remit daily to the Collection Account all Collections (other than payments received by or on behalf of Repurchased Receivables) not later than the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two (2) second Business Days Day after receipt identification thereof. Notwithstanding the foregoing; provided, for so long as however, that if the Monthly Remittance Conditions are Condition is satisfied, then the Servicer shall not be required to remit such collections to deposit into the Collection Account on an amount equal to the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. New York time on each Payment Date, at which time the Servicer shall remit all such collections in respect of Collections received during the related Collection Period until the Business Day before each Distribution Date. The “Monthly Remittance Condition” shall be deemed to be satisfied if (i) NMAC is the Collection Account in immediately available fundsServicer and (ii) NMAC’s short-term unsecured debt obligations are rated at least “P-1” by ▇▇▇▇▇’▇ and “A-1” by S&P (so long as ▇▇▇▇▇’▇ and S&P are Rating Agencies). Commencing with the first day of the first Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any the Monthly Remittance Condition is not satisfied, all collections Collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections Collections on or in respect of the Receivables (other than payments on Repurchased Receivables) and all Net Liquidation Proceeds shall be remitted by the Servicer to the Collection Account on a daily basis within two (2) not later than the second Business Days Day after receipt thereof. (b) The Servicer shall give the Owner Trustee, the Indenture Trustee and each Rating Agency written notice of the failure of any Monthly Remittance Condition (and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after the occurrence identification thereof. Notwithstanding the failure of any Monthly Remittance Conditionforegoing, the Servicer may utilize an alternative collection remit Collections to the Collection Account on any other alternate remittance schedule (which may be but not later than the remittance schedule previously utilized prior to the failure of such Monthly Remittance Condition), related Distribution Date) if the Servicer provides to the Owner Trustee and Indenture Trustee written confirmation that the Rating Agency Condition has been is satisfied with respect to such alternative alternate remittance schedule. Pending deposit into the Collection Account, Collections may be commingled and used by the Servicer at its own risk and are not required to be segregated from its own funds.

Appears in 4 contracts

Sources: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii), Sale and Servicing Agreement (Nissan Auto Receivables 2018-a Owner Trust)

Collections. (a) Except as otherwise provided in this Agreement, the Servicer shall remit daily to the Collection Account all Collections (other than payments received by or on behalf of Repurchased Receivables) not later than the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two (2) second Business Days Day after receipt identification thereof. Notwithstanding the foregoing; provided, for so long as however, that if the Monthly Remittance Conditions are Condition is satisfied, then the Servicer shall not be required to remit such collections to deposit into the Collection Account on an amount equal to the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. New York time on each Payment Date, at which time the Servicer shall remit all such collections in respect of Collections received during the related Collection Period until the Business Day before each Distribution Date. The “Monthly Remittance Condition” shall be deemed to be satisfied if (i) NMAC is the Collection Account in immediately available fundsServicer and (ii) NMAC’s short-term unsecured debt obligations are rated at least “P-1” by Moody’s and at least “A-1” by S&P (so long as Moody’s and S&P are Rating Agencies). Commencing with the first day of the first Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any the Monthly Remittance Condition is not satisfied, all collections Collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections Collections on or in respect of the Receivables (other than payments on Repurchased Receivables) and all Net Liquidation Proceeds shall be remitted by the Servicer to the Collection Account on a daily basis within two (2) not later than the second Business Days Day after receipt thereof. (b) The Servicer shall give the Owner Trustee, the Indenture Trustee and each Rating Agency written notice of the failure of any Monthly Remittance Condition (and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after the occurrence identification thereof. Notwithstanding the failure of any Monthly Remittance Conditionforegoing, the Servicer may utilize an alternative collection remit Collections to the Collection Account on any other alternate remittance schedule (which may be but not later than the remittance schedule previously utilized prior to the failure of such Monthly Remittance Condition), related Distribution Date) if the Servicer provides to the Owner Trustee and Indenture Trustee written confirmation that the Rating Agency Condition has been is satisfied with respect to such alternative alternate remittance schedule. Pending deposit into the Collection Account, Collections may be commingled and used by the Servicer at its own risk and are not required to be segregated from its own funds.

Appears in 4 contracts

Sources: Sale and Servicing Agreement (Nissan Auto Receivables 2022-B Owner Trust), Sale and Servicing Agreement (NISSAN AUTO RECEIVABLES Co II LLC), Sale and Servicing Agreement (Nissan Auto Receivables 2021-a Owner Trust)

Collections. (a) Except as otherwise provided in this Agreement, the Servicer shall remit daily to the Collection Account all Collections (other than payments received by or on behalf of Repurchased Receivables) not later than the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two (2) second Business Days Day after receipt identification thereof. Notwithstanding the foregoing; provided, for so long as however, that if the Monthly Remittance Conditions are Condition is satisfied, then the Servicer shall not be required to remit such collections to deposit into the Collection Account on an amount equal to the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. New York time on each Payment Date, at which time the Servicer shall remit all such collections in respect of Collections received during the related Collection Period until the Business Day before each Distribution Date. The “Monthly Remittance Condition” shall be deemed to be satisfied if (i) NMAC is the Collection Account in immediately available fundsServicer and (ii) NMAC’s short-term unsecured debt obligations are rated at least “P-1” by ▇▇▇▇▇’▇ and at least “F-1” by Fitch (so long as ▇▇▇▇▇’▇ and Fitch are Rating Agencies). Commencing with the first day of the first Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any the Monthly Remittance Condition is not satisfied, all collections Collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections Collections on or in respect of the Receivables (other than payments on Repurchased Receivables) and all Net Liquidation Proceeds shall be remitted by the Servicer to the Collection Account on a daily basis within two (2) not later than the second Business Days Day after receipt thereof. (b) The Servicer shall give the Owner Trustee, the Indenture Trustee and each Rating Agency written notice of the failure of any Monthly Remittance Condition (and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after the occurrence identification thereof. Notwithstanding the failure of any Monthly Remittance Conditionforegoing, the Servicer may utilize an alternative collection remit Collections to the Collection Account on any other alternate remittance schedule (which may be but not later than the remittance schedule previously utilized prior to the failure of such Monthly Remittance Condition), related Distribution Date) if the Servicer provides to the Owner Trustee and Indenture Trustee written confirmation that the Rating Agency Condition has been is satisfied with respect to such alternative alternate remittance schedule. Pending deposit into the Collection Account, Collections may be commingled and used by the Servicer at its own risk and are not required to be segregated from its own funds.

Appears in 4 contracts

Sources: Sale and Servicing Agreement (Nissan Auto Receivables 2024-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2024-a Owner Trust), Sale and Servicing Agreement (NISSAN AUTO RECEIVABLES Co II LLC)

Collections. (a) Except as otherwise provided in this Agreement, the Servicer shall remit daily to the Collection Account all payments received by or on behalf of the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two (2) Business Days after receipt thereof. Notwithstanding the foregoing, for so long as the Monthly Remittance Conditions are satisfied, the Servicer shall not be required to remit such collections to the Collection Account on the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. New York time on each Payment Date, at which time the Servicer shall remit all such collections in respect of the related Collection Period to the Collection Account in immediately available funds. Commencing with the first day of the first Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any Monthly Remittance Condition is not satisfied, all collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections on or in respect of the Receivables and all Net Liquidation Proceeds shall be remitted by the Servicer to the Collection Account on a daily basis within two (2) Business Days after receipt thereof. (b) The Servicer shall give the Owner Trustee, the Indenture Trustee and each Rating Agency written notice of the failure of any Monthly Remittance Condition (and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after the occurrence thereof. Notwithstanding the failure of any Monthly Remittance Condition, the Servicer may utilize an alternative collection remittance schedule (which may be the remittance schedule previously utilized prior to the failure of such Monthly Remittance Condition), if the Servicer provides to the Owner Trustee and Indenture Trustee written confirmation that the from each Rating Agency Condition has been satisfied with respect to that such alternative remittance scheduleschedule will not result in the reduction or withdrawal of the rating then assigned to the Class A Notes.

Appears in 4 contracts

Sources: Sale and Servicing Agreement (Toyota Auto Receivables 2020-C Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2020-C Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2020-B Owner Trust)

Collections. (a) Except as otherwise provided in this Agreement, the Servicer shall remit daily to the Collection Account all Collections (other than payments received by or on behalf of Repurchased Receivables) not later than the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two (2) second Business Days Day after receipt identification thereof. Notwithstanding the foregoing; provided, for so long as however, that if the Monthly Remittance Conditions are Condition is satisfied, then the Servicer shall not be required to remit such collections to deposit into the Collection Account on an amount equal to the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. New York time on each Payment Date, at which time the Servicer shall remit all such collections in respect of Collections received during the related Collection Period until the Business Day before each Distribution Date. The “Monthly Remittance Condition” shall be deemed to be satisfied if (i) NMAC is the Collection Account in immediately available fundsServicer and (ii) NMAC’s short-term unsecured debt obligations are rated at least “P-1” by ▇▇▇▇▇’▇ and at least “A-1” by S&P (so long as ▇▇▇▇▇’▇ and S&P are Rating Agencies). Commencing with the first day of the first Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any the Monthly Remittance Condition is not satisfied, all collections Collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections Collections on or in respect of the Receivables (other than payments on Repurchased Receivables) and all Net Liquidation Proceeds shall be remitted by the Servicer to the Collection Account on a daily basis within two (2) not later than the second Business Days Day after receipt thereof. (b) The Servicer shall give the Owner Trustee, the Indenture Trustee and each Rating Agency written notice of the failure of any Monthly Remittance Condition (and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after the occurrence identification thereof. Notwithstanding the failure of any Monthly Remittance Conditionforegoing, the Servicer may utilize an alternative collection remit Collections to the Collection Account on any other alternate remittance schedule (which may be but not later than the remittance schedule previously utilized prior to the failure of such Monthly Remittance Condition), related Distribution Date) if the Servicer provides to the Owner Trustee and Indenture Trustee written confirmation that the Rating Agency Condition has been is satisfied with respect to such alternative alternate remittance schedule. Pending deposit into the Collection Account, Collections may be commingled and used by the Servicer at its own risk and are not required to be segregated from its own funds.

Appears in 4 contracts

Sources: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii), Sale and Servicing Agreement (Nissan Auto Receivables 2019-C Owner Trust)

Collections. (a) Except as otherwise provided in this Agreement, the The Servicer shall remit daily to the Collection Account all payments received by or on behalf of the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two Proceeds, both as collected during the Collection Period net of Monthly Servicing Fees and administrative fees allowed to be retained by the Servicer pursuant to Section 8.08 and net of charge backs (2attributable to errors in posting, returned checks, or rights of offset for amounts that should not have been paid or that must be refunded as the result of a successful claim or defense under bankruptcy or similar laws) not later than the second Business Days after receipt thereofDay following the Business Day on which such amounts are received by the Servicer. Notwithstanding the foregoing, for so long as (a) UAC remains the Monthly Remittance Conditions Servicer, (b) no Event of Servicer Default shall have occurred and be continuing and (c)(1) UAC maintains a short-term rating of at least A-1 by Standard & Poor's and P-l by Moody's (and for five Business Days following a reduction in either such rating) or (2) prior to ceasing daily remittances, the Rating Agency Condition shall have been satisfied (and any conditions or limitations imposed by the Rating Agencies in connection therewith are satisfiedcomplied with) and the prior written consent of the Insurer (not to be unreasonably withheld) shall have been obtained, the Servicer shall not be required to remit such collections to the Collection Account on the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. New York time on each Payment Date, at which time the Servicer shall may remit all such collections in payments and Liquidation Proceeds with respect of the related to any Collection Period to the Collection Account on a less frequent basis, but in no event later than the Determination Date immediately available fundspreceding each Payment Date. Commencing The Servicer shall remit any Advances with the first day of the first respect to a Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any Monthly Remittance Condition is not satisfied, all collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections on or in respect of the Receivables and all Net Liquidation Proceeds shall be remitted by the Servicer to the Collection Account on a daily basis within two (2) Business Days after receipt thereofor before the Determination Date. (b) The Servicer shall give Servicer, the Owner Trustee, the Trustee and/or Indenture Trustee shall deposit in the Collection Account any funds received by such parties in respect of funds drawn under the Policy from the Insurer. (c) If the Available Funds for a Payment Date are insufficient to pay current and each Rating Agency written notice past due Insurance Premiums or the aggregate amount of unreimbursed draws under the failure of any Monthly Remittance Condition (and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after Policy plus accrued interest thereon to the occurrence thereof. Notwithstanding the failure of any Monthly Remittance ConditionInsurer, the Servicer may utilize an alternative collection remittance schedule (which may be the remittance schedule previously utilized prior to the failure of such Monthly Remittance Condition), if the Servicer provides to shall notify the Owner Trustee and the Indenture Trustee written confirmation that of such deficiency, and the Rating Agency Condition has been satisfied Available Spread Amount, if any, then on deposit in the Spread Account shall be available to cover such deficiency in accordance with respect to such alternative remittance scheduleSection 9.04(a) or 5.06(a) of the Indenture, as applicable.

Appears in 3 contracts

Sources: Trust and Servicing Agreement (Uacsc 2001-C Owner Trust), Trust and Servicing Agreement (Uacsc 2002-a Owner TRST Auto Receivable Back Nt), Trust and Servicing Agreement (Uacsc 2001-a Owner Trust)

Collections. (a) Except as otherwise provided in this Agreement, the Servicer shall remit daily to the Collection Account all Collections (other than payments received by or on behalf of Repurchased Receivables) not later than the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two (2) second Business Days Day after receipt identification thereof. Notwithstanding the foregoing; provided, for so long as however, that if the Monthly Remittance Conditions are Condition is satisfied, then the Servicer shall not be required to remit such collections to deposit into the Collection Account on an amount equal to the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. New York time on each Payment Date, at which time the Servicer shall remit all such collections in respect of Collections received during the related Collection Period until the Business Day before each Distribution Date. The “Monthly Remittance Condition” shall be deemed to be satisfied if (i) NMAC is the Collection Account in immediately available fundsServicer and (ii) NMAC’s short-term unsecured debt obligations are rated at least “P-1” by ▇▇▇▇▇’▇ and at least “F2” by Fitch (so long as ▇▇▇▇▇’▇ and Fitch are Rating Agencies). Commencing with the first day of the first Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any the Monthly Remittance Condition is not satisfied, all collections Collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections Collections on or in respect of the Receivables (other than payments on Repurchased Receivables) and all Net Liquidation Proceeds shall be remitted by the Servicer to the Collection Account on a daily basis within two (2) not later than the second Business Days Day after receipt thereof. (b) The Servicer shall give the Owner Trustee, the Indenture Trustee and each Rating Agency written notice of the failure of any Monthly Remittance Condition (and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after the occurrence identification thereof. Notwithstanding the failure of any Monthly Remittance Conditionforegoing, the Servicer may utilize an alternative collection remit Collections to the Collection Account on any other alternate remittance schedule (which may be but not later than the remittance schedule previously utilized prior to the failure of such Monthly Remittance Condition), related Distribution Date) if the Servicer provides to the Owner Trustee and Indenture Trustee written confirmation that the Rating Agency Condition has been is satisfied with respect to such alternative alternate remittance schedule.. Pending deposit into the Collection Account, Collections may be commingled and used by the Servicer at its own risk and are not required to be segregated from its own funds. 36 (NAROT 2019-B Sale and Servicing Agreement)

Appears in 2 contracts

Sources: Sale and Servicing Agreement (Nissan Auto Receivables 2019-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2019-B Owner Trust)

Collections. (a) Except as otherwise provided in this Agreement, the Servicer shall remit daily to the Collection Account all Collections (other than payments received by or on behalf of Repurchased Receivables) not later than the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two (2) second Business Days Day after receipt identification thereof. Notwithstanding the foregoing; provided, for so long as however, that if the Monthly Remittance Conditions are Condition is satisfied, then the Servicer shall not be required to remit such collections to deposit into the Collection Account on an amount equal to the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. New York time on each Payment Date, at which time the Servicer shall remit all such collections in respect of Collections received during the related Collection Period until the Business Day before each Distribution Date. The “Monthly Remittance Condition” shall be deemed to be satisfied if (i) NMAC is the Collection Account in immediately available fundsServicer and (ii) NMAC’s short-term unsecured debt obligations are rated at least “P-1” by ▇▇▇▇▇’▇ and at least “F2” by Fitch (so long as ▇▇▇▇▇’▇ and Fitch are Rating Agencies). Commencing with the first day of the first Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any the Monthly Remittance Condition is not satisfied, all collections Collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections Collections on or in respect of the Receivables (other than payments on Repurchased Receivables) and all Net Liquidation Proceeds shall be remitted by the Servicer to the Collection Account on a daily basis within two (2) not later than the second Business Days Day after receipt thereof. (b) The Servicer shall give the Owner Trustee, the Indenture Trustee and each Rating Agency written notice of the failure of any Monthly Remittance Condition (and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after the occurrence identification thereof. Notwithstanding the failure of any Monthly Remittance Conditionforegoing, the Servicer may utilize an alternative collection remit Collections to the Collection Account on any other alternate remittance schedule (which may be but not later than the remittance schedule previously utilized prior to the failure of such Monthly Remittance Condition), related Distribution Date) if the Servicer provides to the Owner Trustee and Indenture Trustee written confirmation that the Rating Agency Condition has been is satisfied with respect to such alternative alternate remittance schedule. Pending deposit into the Collection Account, Collections may be commingled and used by the Servicer at its own risk and are not required to be segregated from its own funds.

Appears in 2 contracts

Sources: Sale and Servicing Agreement (Nissan Auto Receivables 2019-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2019-a Owner Trust)

Collections. (a) Except as otherwise provided in this Agreement, the Servicer shall remit daily to the Collection Account all Collections (other than payments received by or on behalf of Repurchased Receivables) not later than the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two (2) second Business Days Day after receipt identification thereof. Notwithstanding the foregoing; provided, for so long as however, that if the Monthly Remittance Conditions are Condition is satisfied, then the Servicer shall not be required to remit such collections to deposit into the Collection Account on an amount equal to the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. New York time on each Payment Date, at which time the Servicer shall remit all such collections in respect of Collections received during the related Collection Period until the Business Day before each Distribution Date. The “Monthly Remittance Condition” shall be deemed to be satisfied if (i) NMAC is the Collection Account in immediately available fundsServicer and (ii) NMAC’s short-term unsecured debt obligations are rated at least “P-1” by ▇▇▇▇▇’▇ and at least “A-1” by S&P (so long as ▇▇▇▇▇’▇ and S&P are Rating Agencies). Commencing with the first day of the first Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any the Monthly Remittance Condition is not satisfied, all collections Collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections Collections on or in respect of the Receivables (other than payments on Repurchased Receivables) and all Net Liquidation Proceeds shall be remitted by the Servicer to the Collection Account on a daily basis within two (2) not later than the second Business Days Day after receipt thereof. (b) The Servicer shall give the Owner Trustee, the Indenture Trustee and each Rating Agency written notice of the failure of any Monthly Remittance Condition (and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after the occurrence identification thereof. Notwithstanding the failure of any Monthly Remittance Conditionforegoing, the Servicer may utilize an alternative collection remit Collections to the Collection Account on any other alternate remittance schedule (which may be but not later than the remittance schedule previously utilized prior to the failure of such Monthly Remittance Condition), related Distribution Date) if the Servicer provides to the Owner Trustee and Indenture Trustee written confirmation that the Rating Agency Condition has been is satisfied with respect to such alternative alternate remittance schedule.. Pending deposit into the Collection Account, Collections may be commingled and used by the Servicer at its own risk and are not required to be segregated from its own funds. 36 (NAROT 2020-A Sale and Servicing Agreement)

Appears in 2 contracts

Sources: Sale and Servicing Agreement (Nissan Auto Receivables 2020-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2020-a Owner Trust)

Collections. (a) Except as otherwise provided in this Agreement, the Servicer shall remit daily to the Collection Account all Collections (other than payments received by or on behalf of Repurchased Receivables) not later than the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two (2) second Business Days Day after receipt identification thereof. Notwithstanding the foregoing; provided, for so long as however, that if the Monthly Remittance Conditions are Condition is satisfied, then the Servicer shall not be required to remit such collections to deposit into the Collection Account on an amount equal to the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. New York time on each Payment Date, at which time the Servicer shall remit all such collections in respect of Collections received during the related Collection Period until the Business Day before each Distribution Date. The “Monthly Remittance Condition” shall be deemed to be satisfied if (i) NMAC is the Collection Account in immediately available fundsServicer and (ii) NMAC’s short-term unsecured debt obligations are rated at least [“Prime-1”] by [▇▇▇▇▇’▇] and at least [“F1”] by [Fitch] (so long as [▇▇▇▇▇’▇] and [Fitch] are Rating Agencies). Commencing with the first day of the first Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any the Monthly Remittance Condition is not satisfied, all collections Collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections Collections on or in respect of the Receivables (other than payments on Repurchased Receivables) and all Net Liquidation Proceeds shall be remitted by the Servicer to the Collection Account not later than the second Business Day after identification thereof. Notwithstanding the foregoing, the Servicer may remit Collections to the Collection Account on a daily basis within two any other alternate remittance schedule (2but not later than the related Distribution Date) Business Days after receipt thereofif the Rating Agency Condition is satisfied with respect to such alternate remittance schedule. Pending deposit into the Collection Account, Collections may be commingled and used by the Servicer at its own risk and are not required to be segregated from its own funds. (b) [The Servicer shall give the Owner Trustee, the Indenture Trustee will promptly, on the date of receipt, deposit into the Collection Account all Net [Swap][Cap] Receipts received by it under the Interest Rate [Swap][Cap] Agreement in immediately available funds.] 38 (Nissan 20[ ]-[ ] Sale and each Rating Agency written notice of the failure of any Monthly Remittance Condition (and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after the occurrence thereof. Notwithstanding the failure of any Monthly Remittance Condition, the Servicer may utilize an alternative collection remittance schedule (which may be the remittance schedule previously utilized prior to the failure of such Monthly Remittance ConditionServicing Agreement), if the Servicer provides to the Owner Trustee and Indenture Trustee written confirmation that the Rating Agency Condition has been satisfied with respect to such alternative remittance schedule.

Appears in 2 contracts

Sources: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Collections. (a) Except as otherwise provided in this Agreement, the Servicer shall remit daily to the Collection Account all Collections (other than payments received by or on behalf of Repurchased Receivables) not later than the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two (2) second Business Days Day after receipt identification thereof. Notwithstanding the foregoing; provided, for so long as however, that if the Monthly Remittance Conditions are Condition is satisfied, then the Servicer shall not be required to remit such collections to deposit into the Collection Account on an amount equal to the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. New York time on each Payment Date, at which time the Servicer shall remit all such collections in respect of Collections received during the related Collection Period until the Business Day before each 36 (Nissan 2016-A Sale and Servicing Agreement) Distribution Date. The “Monthly Remittance Condition” shall be deemed to be satisfied if (i) NMAC is the Collection Account in immediately available fundsServicer and (ii) NMAC’s short-term unsecured debt obligations are rated at least “Prime-1” by ▇▇▇▇▇’▇ and at least “F1” by Fitch (so long as ▇▇▇▇▇’▇ and Fitch are Rating Agencies). Commencing with the first day of the first Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any the Monthly Remittance Condition is not satisfied, all collections Collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections Collections on or in respect of the Receivables (other than payments on Repurchased Receivables) and all Net Liquidation Proceeds shall be remitted by the Servicer to the Collection Account on a daily basis within two (2) not later than the second Business Days Day after receipt thereof. (b) The Servicer shall give the Owner Trustee, the Indenture Trustee and each Rating Agency written notice of the failure of any Monthly Remittance Condition (and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after the occurrence identification thereof. Notwithstanding the failure of any Monthly Remittance Conditionforegoing, the Servicer may utilize an alternative collection remit Collections to the Collection Account on any other alternate remittance schedule (which may be but not later than the remittance schedule previously utilized prior to the failure of such Monthly Remittance Condition), related Distribution Date) if the Servicer provides to the Owner Trustee and Indenture Trustee written confirmation that the Rating Agency Condition has been is satisfied with respect to such alternative alternate remittance schedule. Pending deposit into the Collection Account, Collections may be commingled and used by the Servicer at its own risk and are not required to be segregated from its own funds.

Appears in 2 contracts

Sources: Sale and Servicing Agreement (Nissan Auto Receivables 2016-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2016-a Owner Trust)

Collections. (a) Except as otherwise provided in this Agreement, the Servicer shall remit daily to the Collection Account all payments received by or on behalf of the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two (2) Business Days after receipt thereof. Notwithstanding the foregoing, for so long as the Monthly Remittance Conditions are satisfied, the Servicer shall not be required to remit such collections to the Collection Account on the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. New York time on the Business Day before each Payment Date, Date at which time the Servicer shall remit all such collections in respect of the related Collection Period to the Collection Account in immediately available funds. Commencing with the first day of the first Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any Monthly Remittance Condition is not satisfied, all collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections on or in respect of the Receivables and all Net Liquidation Proceeds shall be remitted by the Servicer to the Collection Account on a daily basis within two (2) Business Days after receipt thereof. (b) The Servicer or the Indenture Trustee, as applicable, shall promptly, on the date of receipt thereof, deposit into the Collection Account all Net Swap Receipts received by it under the Interest Rate Swap Agreement in immediately available funds. (c) The Servicer shall give the Owner Trustee, the Indenture Trustee and each Rating Agency written notice of the failure of any Monthly Remittance Condition (and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after the occurrence thereof. Notwithstanding the failure of any Monthly Remittance Condition, the Servicer may utilize an alternative collection remittance schedule (which may be the remittance schedule previously utilized prior to the failure of such Monthly Remittance Condition), if the Servicer provides to the Owner Trustee and Indenture Trustee written confirmation that the from each Rating Agency Condition has been satisfied with respect to that such alternative remittance scheduleschedule will not result in the reduction or withdrawal of the rating then assigned to any Class of Notes.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC)

Collections. (a) Except as otherwise provided in this Agreement, the The Servicer shall remit daily to the Collection Certificate Account all payments received by or on behalf of the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two Proceeds, both as collected during the Collection Period net of Monthly Servicing Fees and administrative fees allowed to be retained by the Servicer pursuant to Section 8.08 and net of charge backs (2attributable to errors in posting, returned checks, or rights of offset for amounts that should not have been paid or that must be refunded as the result of a successful claim or defense under bankruptcy or similar laws) not later than the second Business Days after receipt thereofDay following the Business Day on which such amounts are received by the Servicer. Notwithstanding the foregoing, for so long as (a) CTL or an Affiliate remains the Monthly Remittance Conditions Servicer, (b) no Event of Default shall have occurred and (1) CTL (or an Affiliate succeeding CTL as Servicer) maintains a short-term rating of at least A-1 by Standard & Poor's and P-l by Moody's (and for five Business Days following a reduction in either such rating) or (2) prior to ceasing daily remittances, the Rating Agency Condition shall have been satisfied (and any conditions or limitations imposed by the Rating Agencies in connection therewith are satisfiedcomplied with) and the prior written consent of the Surety Bond Issuer (not to be unreasonably withheld) shall have been obtained, the Servicer may remit all such payments and Liquidation Proceeds with respect to any Collection Period to the Certificate Account on a less frequent basis, but in no event later than the Determination Date immediately preceding each Distribution Date. The Servicer shall remit any Advances with respect to a Collection Period to the Certificate Account on or before the Determination Date. On each Determination Date, the Servicer shall not be required to remit such collections to determine (a) the Collection Account amount of payments on the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. New York time on each Payment Date, at which time the Servicer shall remit all such collections in respect of the related Collection Period to the Collection Account in immediately available funds. Commencing with the first day of the first Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any Monthly Remittance Condition is not satisfied, all collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections on or in respect of the Receivables and all Net Liquidation Proceeds shall be remitted by the Servicer to the received during such Collection Account on a daily basis within two (2) Business Days after receipt thereof. (b) The Servicer shall give the Owner TrusteePeriod, the Indenture Trustee amount of Advances for such Collection Period, and each Rating Agency written notice of the failure of any Monthly Remittance Condition (and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after the occurrence thereof. Notwithstanding the failure of any Monthly Remittance Condition, the Servicer may utilize an alternative collection remittance schedule (which may be the remittance schedule previously utilized prior to the failure of such Monthly Remittance Condition), if the Servicer provides to the Owner Trustee and Indenture Trustee written confirmation that the Rating Agency Condition has been satisfied Purchase Amount for all Receivables purchased or repurchased with respect to such alternative remittance scheduleCollection Period which have been deposited in the Certificate Account (net of amounts required to be paid pursuant to Section 9.04(d), excluding investment income on all such amounts, and not including amounts required to be paid pursuant to Sections 7.02, 8.07, and 9.05 but not so paid) after giving effect to the net transfer from the Certificate Account to the Payahead Account or from the Payahead Account to the Certificate Account as provided in Section 9.09, (the "Available Funds"), and (b) the amount of funds necessary to make the distributions required pursuant to Sections 9.04(a) (i) through (vii), inclusive, on the next Distribution Date. The Servicer shall by a Servicer's Certificate notify the Trustee of such amounts by telecopy to the Corporate Trust Office at the number specified in the Agreement (or such other number as the Trustee may from time to time provide), followed promptly by mailing such notice to the Trustee at the Corporate Trust Office and to the Surety Bond Issuer. On each Distribution Date, the Trustee, or the Servicer on its behalf, shall effect the net transfer between the Certificate Account and the Payahead Account as required by Section 9.09 for such Distribution Date. On any Distribution Date on which there are not sufficient Available Funds to make the distributions required pursuant to Sections 9.04(a)(i) through (iii) the Trustee, or the Servicer on its behalf, shall withdraw from the Spread Account, to the extent of the Available Spread Amount, an amount equal to such deficiency and promptly deposit such amount in the Certificate Account. If such deficiency exceeds the Available Spread Amount, the Servicer shall simultaneously and in the same manner also notify the Trustee and the Surety Bond Issuer of the amount of such excess deficiency. The Trustee shall promptly (and in any event not later than 1:00 p.m. New York City time on the Business Day preceding the Distribution Date) deliver a Notice for Payment as defined in the Surety Bond (appropriately completed) to the Surety Bond Issuer with respect to the Surety Bond. The Surety Bond Issuer is required pursuant to Section 10.03 and the terms of the Surety Bond to pay the amount of such excess deficiency of Class I Monthly Interest, Class A Monthly Interest and Monthly Principal, up to the Surety Bond Amount. The Trustee shall deposit in the Certificate Account any funds received by the Trustee in respect of funds drawn under the Surety Bond from the Surety Bond Issuer. If the Available Funds for a Distribution Date are insufficient to pay current and past due Surety Bond Fees, or any amounts owing to the Surety Bond Issuer pursuant to the Insurance Agreement including, without limitation, reimbursements, indemnities, fees and expenses, plus accrued interest thereon, to the Surety Bond Issuer, the Servicer shall notify the Trustee of such deficiency, and the Available Spread Amount, if any, then on deposit in the Spread Account (after giving effect to any withdrawal to satisfy a deficiency in Monthly Interest or Monthly Principal) shall be available to cover such deficiency.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bay View Securitization Corp)

Collections. (a) Except as otherwise provided in this Agreement, the The Servicer shall remit daily to the Collection Account all payments received by or on behalf of the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two Proceeds, both as collected during the Collection Period net of Monthly Servicing Fees and administrative fees allowed to be retained by the Servicer pursuant to Section 8.08 and net of charge backs (2attributable to errors in posting, returned checks, or rights of offset for amounts that should not have been paid or that must be refunded as the result of a successful claim or defense under bankruptcy or similar laws) not later than the second Business Days after receipt thereofDay following the Business Day on which such amounts are received by the Servicer. Notwithstanding the foregoing, for so long as (a) UAC remains the Monthly Remittance Conditions Servicer, (b) no Event of Servicer Default shall have occurred and be continuing and (c)(1) UAC maintains a short- term rating of at least A-1 by Standard & Poor's and P-l by Moody's (and for five Business Days following a reduction in either such rating) or (2) prior to ceasing daily remittances, the Rating Agency Condition shall have been satisfied (and any conditions or limitations imposed by the Rating Agencies in connection therewith are satisfiedcomplied with) and the prior written consent of the Insurer (not to be unreasonably withheld) shall have been obtained, the Servicer shall not be required to remit such collections to the Collection Account on the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. New York time on each Payment Date, at which time the Servicer shall may remit all such collections in payments and Liquidation Proceeds with respect of the related to any Collection Period to the Collection Account on a less frequent basis, but in no event later than the Determination Date immediately available fundspreceding each Payment Date. Commencing The Servicer shall remit any Advances with the first day of the first respect to a Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any Monthly Remittance Condition is not satisfied, all collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections on or in respect of the Receivables and all Net Liquidation Proceeds shall be remitted by the Servicer to the Collection Account on a daily basis within two (2) Business Days after receipt thereofor before the Determination Date. (b) The Servicer shall give Servicer, the Owner Trustee, the Trustee and/or Indenture Trustee shall deposit in the Collection Account any funds received by such parties in respect of funds drawn under the Policy from the Insurer. (c) If the Available Funds for a Payment Date are insufficient to pay current and each Rating Agency written notice of past due Insurance Premiums, or any amounts owing to the failure of any Monthly Remittance Condition (Insurer pursuant to the Insurance Agreement including, without limitation, reimbursements, indemnities, fees and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after expenses, plus accrued interest thereon, to the occurrence thereof. Notwithstanding the failure of any Monthly Remittance ConditionInsurer, the Servicer may utilize an alternative collection remittance schedule (which may be the remittance schedule previously utilized prior to the failure of such Monthly Remittance Condition), if the Servicer provides to shall notify the Owner Trustee and the Indenture Trustee written confirmation that of such deficiency, and the Rating Agency Condition has been satisfied with respect Available Spread Amount, if any, then on deposit in the Spread Account (after giving effect to any withdrawal to satisfy a deficiency in Monthly Interest or Monthly Principal) shall be available to cover such alternative remittance scheduledeficiency.

Appears in 1 contract

Sources: Trust and Servicing Agreement (Uacsc 2000-a Owner Trust Auto Rec Backed Notes)

Collections. (a) Except as otherwise provided in this Agreement, the Servicer shall remit daily to the Collection Account all payments received by or on behalf of the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two (2) Business Days after receipt thereof. Notwithstanding the foregoing, for so long as the Monthly Remittance Conditions are satisfied, the Servicer shall not be required to remit such collections to the Collection Account on the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. New York time on the Business Day prior to each Payment Date, at which time the Servicer shall remit all such collections in respect of the related Collection Period to the Collection Account in immediately available funds. Commencing with the first day of the first Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any Monthly Remittance Condition is not satisfied, all collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections on or in respect of the Receivables and all Net Liquidation Proceeds shall be remitted by the Servicer to the Collection Account on a daily basis within two (2) Business Days after receipt thereof. (b) The Servicer shall give the Owner Trustee, the Indenture Trustee and each Rating Agency written notice of the failure of any Monthly Remittance Condition (and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after the occurrence thereof. Notwithstanding the failure of any Monthly Remittance Condition, the Servicer may utilize an alternative collection remittance schedule (which may be the remittance schedule previously utilized prior to the failure of such Monthly Remittance Condition), if the Servicer provides to the Owner Trustee and Indenture Trustee written confirmation that the from each Rating Agency Condition has been satisfied with respect to that such alternative remittance scheduleschedule will not result in the reduction or withdrawal of the rating then assigned to any Class of Notes.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Toyota Auto Receivables 2010-a Owner Trust)

Collections. (a) Except as otherwise provided in this Agreement, the The Servicer shall remit daily to the Collection Account all payments received by or on behalf of the Obligors on or in respect of the Receivables and all Net Liquidation Proceeds within two Proceeds, both as collected during the Collection Period net of Monthly Servicing Fees and administrative fees allowed to be retained by the Servicer pursuant to Section 8.08 and net of charge backs (2attributable to errors in posting, returned checks, or rights of offset for amounts that should not have been paid or that must be refunded as the result of a successful claim or defense under bankruptcy or similar laws) not later than the second Business Days after receipt thereofDay following the Business Day on which such amounts are received by the Servicer. Notwithstanding the foregoing, for so long as (a) UAC remains the Monthly Remittance Conditions Servicer, (b) no Event of Default shall have occurred and be continuing and (c)(1) UAC maintains a short-term rating of at least A-1 by Standard & Poor's and P-l by Moody's (and for five Business Days following a reduction in either such rating) or (2) prior to ceasing daily remittances, the Rating Agency Condition shall have been satisfied (and any conditions or limitations imposed by the Rating Agencies in connection therewith are satisfiedcomplied with) and the prior written consent of the Insurer (not to be unreasonably withheld) shall have been obtained, the Servicer shall not be required to remit such collections to the Collection Account on the foregoing daily basis but shall be entitled to retain such collections, without segregation from its other funds, until 11:00 a.m. New York time on each Payment Date, at which time the Servicer shall may remit all such collections in payments and Liquidation Proceeds with respect of the related to any Collection Period to the Collection Account on a less frequent basis, but in no event later than the Determination Date immediately available fundspreceding each Payment Date. Commencing The Servicer shall remit any Advances with the first day of the first respect to a Collection Period that begins at least two (2) Business Days after the day on which any Monthly Remittance Condition ceases to be satisfied and for so long as any Monthly Remittance Condition is not satisfied, all collections then held by the Servicer shall be immediately deposited into the Collection Account and all future collections on or in respect of the Receivables and all Net Liquidation Proceeds shall be remitted by the Servicer to the Collection Account on a daily basis within two (2) Business Days after receipt thereofor before the Determination Date. (b) The Servicer shall give Servicer, the Owner Trustee, the Trustee and/or Indenture Trustee shall deposit in the Collection Account any funds received by such parties in respect of funds drawn under the Policy from the Insurer. (c) If the Available Funds for a Payment Date are insufficient to pay current and each Rating Agency written notice of past due Insurance Premiums, or any amounts owing to the failure of any Monthly Remittance Condition (Insurer pursuant to the Insurance Agreement including, without limitation, reimbursements, indemnities, fees and any subsequent curing of a failed Monthly Remittance Condition) as soon as practical after expenses, plus accrued interest thereon, to the occurrence thereof. Notwithstanding the failure of any Monthly Remittance ConditionInsurer, the Servicer may utilize an alternative collection remittance schedule (which may be the remittance schedule previously utilized prior to the failure of such Monthly Remittance Condition), if the Servicer provides to shall notify the Owner Trustee and the Indenture Trustee written confirmation that of such deficiency, and the Rating Agency Condition has been satisfied with respect Available Spread Amount, if any, then on deposit in the Spread Account (after giving effect to any withdrawal to satisfy a deficiency in Monthly Interest or Monthly Principal) shall be available to cover such alternative remittance scheduledeficiency.

Appears in 1 contract

Sources: Trust and Servicing Agreement (Uacsc Auto Trusts)