Excess Allocation Series Clause Samples

The Excess Allocation Series clause defines how any amounts or assets that exceed a predetermined threshold are to be distributed among parties. In practice, this clause specifies the method for calculating excess amounts, identifies the parties eligible to receive such allocations, and outlines the timing and process for distribution. Its core function is to ensure a fair and transparent mechanism for handling surplus resources, thereby preventing disputes and clarifying expectations regarding the division of excess proceeds or assets.
Excess Allocation Series. Series 2002-1 shall be an Excess Allocation Series. On each Distribution Date, (a) the Trustee, acting in accordance with instructions from the Servicer, shall allocate the aggregate amount for all outstanding Excess Allocation Series that the Series Supplements related to such Series specify are to be treated as Excess Spread for such Distribution Date (collectively, "Excess Yield Collections") pro rata in proportion to the respective Yield Collections Shortfalls (as such term is defined below with respect to Series 2002-1 and in the Series Supplement for each other Excess Allocation Series), if any, of such Excess Allocation Series and (b) the Trustee, acting in accordance with instructions from the Servicer, shall withdraw from the Collection Account and pay to the Holders of the Exchangeable Transferor Certificate an amount equal to the excess, if any, of (x) the Excess Yield Collections for such Distribution Date over (y) the aggregate amount of Yield Collections Shortfalls for such Distribution Date; provided, however, that the sharing of Excess Yield Collections among Excess Allocation Series will cease if the Transferors shall deliver to the Trustee an Officer's Certificate to the effect that, in the reasonable belief of the Transferors, the continued sharing of Excess Yield Collections among Excess Allocation Series would have adverse regulatory implications with respect to the Transferors or any Account Originator. Following the delivery of such an Officer's Certificate to the Trustee, there will not be any further sharing of Excess Yield Collections among Excess Allocation Series. The "Yield Collections Shortfall" for Series 2002-1 for any Distribution Date will be equal to the excess, if any, of (a) the full amount required to be paid, without duplication, with respect to the Class A Certificates pursuant to subsections 4.08(a), (b), (d) and (e) on such Distribution Date over (b) the sum of (i) if such Due Period relates to a Distribution Date with respect to the Controlled Accumulation Period or Early Amortization Period, the amount of Investment Earnings, if any, with respect to such Distribution Date and (ii) the amount of funds, if any, to be withdrawn from the Series 2002-1 Reserve Account which, pursuant to subsection 4.14(d), are distributable on such Distribution Date pursuant to Section 4.09. [END OF ARTICLE IV] Section 10. Article V of the Agreement. Article V of the Agreement shall read in its entirety as follows:
Excess Allocation Series. The "Finance Charge Shortfall" for Series 1997-1 for any Distribution Date will be equal to the excess, if any, of (a) the full amount required to be paid, without duplication, pursuant to subsections 4.05(a), 4.05(b) and 4.05(c) and subsections 4.07(a) through (j) on such Distribution Date over (b) the sum of (i) the Reallocated Investor Finance Charge Collections, (ii) if such Monthly Period relates to a Distribution Date with respect to the Controlled Accumulation Period or Early Amortization Period, the amount of Principal Funding Investment Proceeds, if any, with respect to such Distribution Date and (iii) the amount of funds, if any, to be withdrawn from the Reserve Account which, pursuant to subsection 4.12(d), are required to be included in Class A Available Funds with respect to such Distribution Date.