Common use of Monthly Tape Clause in Contracts

Monthly Tape. No later than the second Business Day after each Distribution Date, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable form, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 21 contracts

Samples: Sale and Servicing (AmeriCredit Automobile Receivables Trust 2012-3), Sale and Servicing (AmeriCredit Automobile Receivables Trust 2012-3), Sale and Servicing (Americredit Automobile Receivables Trust 2012-2)

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Monthly Tape. No later than the second Business Day after each Distribution Date, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer an electronic file in a computer tape and a diskette (or any other electronic transmission form acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the all information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review allow the application of collections as provided in Section 5.4 Backup Servicer to perform the actions set forth hereunder (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) Monthly Tape to (i) confirm that such tape, diskette or other electronic transmission Monthly Tape is in readable form, and (ii) calculate and confirm against the Servicer’s Certificate for the related period: (A) the aggregate amount distributable Pool Balance as principal of the close of business on the last day of the related Distribution Date to each Class of NotesCollection Period, (B) the number and aggregate amount distributable principal balance of Receivables that were 31-60 days, 61-90 days and more than 90 days delinquent as interest of the close of business on the last day of the related Collection Period, (C) statistical data related to the average Principal Balance, weighted average APR, weighted average original term, weighted average remaining term and number of Receivables for the related and preceding Collection Periods, (D) Extension Rate with respect to the related Collection Period and (E) the aggregate Principal Balance of the Receivables that have been extended during such Collection Period. The Backup Servicer shall use the Servicer’s Certificate to recalculate and confirm the accuracy of the following: (A) the Principal Payment Amount pursuant to Section 5.7(a)(xix) on the related Distribution Date, (B) the Noteholders’ Monthly Interest Distributable Amount on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve AccountAccount Withdrawal Amount, (D) Reserve Account Deposit Amount, (E) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), aboveof principal on the related Distribution Date, (EF) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause of principal on the related Distribution Date, (A), above, and (FG) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such the related Distribution Date after (before giving effect to all distributions made pursuant to clauses any distribution of interest on the related Distribution Date), (AH) the Servicing Fee for the related Collection Period and (B), above, respectivelyI) the Specified Reserve Balance. The Backup Servicer shall certify to the Indenture Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Indenture Trustee of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Datereceipt of the Monthly Tape and the Servicer’s Certificate. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer. In the performance of its duties hereunder, the Backup Servicer shall be entitled to conclusively rely on the Servicer’s Certificate or written notice with respect to the occurrence of any Default, Event of Default or other event which affects the verification obligations of the Backup Servicer, with no duty to independently verify the information therein or confirm whether any such event has occurred or otherwise make any determination with respect thereto. Notwithstanding the foregoing, if the Monthly Tape or the Servicer’s Certificate does not contain sufficient information for the Backup Servicer to perform any action specified in this section, the Backup Servicer shall promptly notify the Servicer of any additional information to be delivered by the Servicer to the Backup Servicer, and the Backup Servicer and the Servicer shall mutually agree upon the form thereof; provided, however, that the Backup Servicer shall not be liable for the performance of any action unable to be taken under this section without such additional information until it is received from the Servicer.

Appears in 20 contracts

Samples: Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-2), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-2), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-1)

Monthly Tape. No On or before the third Business Day, but in no event later than the second Business Day after fifth calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent Indenture Trustee and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Indenture Trustee and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Indenture Trustee and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding succeeding Determination Date and necessary to review determine the application of collections as provided in Section 5.4 (the “Monthly Tape”)4.3. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent Indenture Trustee and the Backup Servicer) to verify the Servicer's Certificate delivered by the Servicer (i) confirm that based on the information contained in such tape, diskette tape or other electronic transmission is in readable formdiskette), and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Security Insurer that it has verified the Servicer’s 's Certificate in accordance with this Section 3.13 and shall notify the Servicer and the Trustee Security Insurer of any discrepancies, in each case, on or before the fifth second Business Day following the Distribution Determination Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution related Deficiency Claim Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding related Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding related Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day third Business Day, but in no event later than the fifth calendar day, of the month after the month in which such Servicer’s Certificate was deliveredfollowing month, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party Security Insurer (acting at the written direction of the Majority Noteholders), unless an Insurer Default shall have occurred and be continuing) deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after one Business Day of demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer. The duties and obligations of the Backup Servicer shall be determined solely by the express provisions of this Agreement and no implied covenants or obligations shall be read into this Agreement against the Backup Servicer.

Appears in 9 contracts

Samples: Sale and Servicing Agreement (Arcadia Receivables Finance Corp), Sale and Servicing Agreement (Arcadia Receivables Finance Corp), Sale and Servicing Agreement (Arcadia Receivables Finance Corp)

Monthly Tape. No On or before the Insured Distribution Date, ------------ but in no event later than the second Business Day after seventh calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding Determination Date and necessary to review determine the application of collections as provided in Section 5.4 (the “Monthly Tape”)5.4. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable formverify the Servicer's Certificate delivered by the Servicer, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Controlling Party that it has verified the Servicer’s 's Certificate in accordance with this Section and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth second Business Day following the Insured Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day of the month after the month in which such Servicer’s 's Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Preliminary Servicer’s 's Certificate for the next succeeding Distribution Date, and/or the Servicer's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)

Monthly Tape. No On or before the Insured Distribution Date, but in no event later than the second Business Day after seventh calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”)5.4. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer's Certificate is complete, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, (iii) verify the mathematical accuracy of all calculations contained within the Servicer's Certificate and (iiiv) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds (y) withdrawn from the Reserve AccountSpread Account or (z) drawn under the Note Policy, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders' Principal Carryover Amount and the aggregate Noteholders' Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Controlling Party that it has verified the Servicer’s 's Certificate in accordance with this Section and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth second Business Day following the Insured Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day of the month after the month in which such Servicer’s 's Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Preliminary Servicer’s 's Certificate for the next succeeding Distribution Date, and/or the Servicer's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)

Monthly Tape. No On or before the Insured Distribution Date, ------------ but in no event later than the second Business Day after seventh calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding Determination Date and necessary to review determine the application of collections as provided in Section 5.4 (the “Monthly Tape”)5.4. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable formverify the Servicer's Certificate delivered by the Servicer, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Controlling Party that it has verified the Servicer’s 's Certificate in accordance with this Section and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth second Business Day following the Insured Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day of the month after the month in which such Servicer’s 's Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Preliminary Servicer’s 's Certificate for the next succeeding Distribution Date, and/or the Servicer's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc), Agreement (Americredit Financial Services Inc)

Monthly Tape. No On or before the third Business Day, but in no event later than the second Business Day after fifth calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent Indenture Trustee and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Indenture Trustee and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Indenture Trustee and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding succeeding Determination Date and necessary to review determine the application of collections as provided in Section 5.4 (the “Monthly Tape”)4.3. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent Indenture Trustee and the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable formverify the Servicer's Certificate delivered by the Servicer, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Security Insurer that it has verified the Servicer’s 's Certificate in accordance with this Section 3.13 and shall notify the Servicer and the Trustee Security Insurer of any discrepancies, in each case, on or before the fifth second Business Day following the Distribution Determination Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution related Deficiency Claim Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding related Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding related Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day third Business Day, but in no event later than the fifth calendar day, of the month after the month in which such Servicer’s Certificate was deliveredfollowing month, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party Security Insurer (acting at the written direction of the Majority Noteholders), unless an Insurer Default shall have occurred and be continuing) deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after one Business Day of demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer. The duties and obligations of the Backup Servicer shall be determined solely by the express provisions of this Agreement and no implied covenants or obligations shall be read into this Agreement against the Backup Servicer.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Olympic Receivables Finance Corp), Sale and Servicing Agreement (Olympic Receivables Finance Corp), Sale and Servicing Agreement (Olympic Receivables Finance Corp)

Monthly Tape. No (a) On or before the Distribution Date, but in no event later than the second Business Day after seventh calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and Agent, the Insurer, the Backup Servicer and the Designated Backup Subservicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall cause the Designated Backup Subservicer to use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer’s Certificate is complete on its face or note discrepancies, (ii) confirm or note discrepancies that such tape, diskette or other electronic transmission is in readable form, and (iiiii) calculate and confirm or note discrepancies (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, ; (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, ; (C) any amounts distributable on the related Distribution Date which are to be paid with funds (y) withdrawn from the Reserve Spread Account, or (z) drawn under the Note Policy; (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, ; (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and ; (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses clause (AB) above; (G) the Monthly Extension Rate; (H) the Delinquency Ratio; and (B), above, respectivelyI) the Cumulative Net Loss Ratio. The Backup Servicer shall certify cause the Designated Backup Subservicer to provide a letter to the Controlling Party and to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Designated Backup Servicer Subservicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Designated Backup Servicer Subservicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Preliminary Servicer’s Certificate for the next succeeding Distribution Date, and/or the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor replacement Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer. The Designated Backup Subservicer shall have no liability for the failure to perform any duty if such failure results from its failure to receive in a timely manner the Monthly Tape or any other information reasonably required by it to perform its obligations, and the Designated Backup Subservicer shall have no liability for any error or omission in the Preliminary Servicer’s Certificate, the Servicer’s Certificate or any other data confirmed by it, such certificates and data being the sole responsibility of the Servicer or the other Person supplying such data.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (United Pan Am Financial Corp), Sale and Servicing (UPFC Auto Receivables Trust 2004-A), Sale and Servicing (UPFC Auto Receivables Trust 2005-A)

Monthly Tape. No later than (a) On or before the second Business Day after seventh calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and Agent, the Insurer, the Backup Servicer and the Designated Backup Subservicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall cause the Designated Backup Subservicer to use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer’s Certificate is complete on its face or note discrepancies, (ii) confirm or note discrepancies that such tape, diskette or other electronic transmission is in readable form, and (iiiii) calculate and confirm or note discrepancies regarding (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, ; (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, ; (C) any amounts distributable on the related Distribution Date which are to be paid with funds (y) withdrawn from the Reserve Spread Account, or (z) drawn under the Note Policy; (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, ; (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and ; (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses clause (AB) above; (G) the Monthly Extension Rate; (H) the Delinquency Ratio; and (B), above, respectivelyI) the Cumulative Net Loss Ratio. The Backup Servicer shall certify cause the Designated Backup Subservicer to provide a letter to the Controlling Party and to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Designated Backup Servicer Subservicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Designated Backup Servicer Subservicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor replacement Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer. The Designated Backup Subservicer shall have no liability for the failure to perform any duty if such failure results from its failure to receive in a timely manner the Monthly Tape or any other information reasonably required by it to perform its obligations, and the Designated Backup Subservicer shall have no liability for any error or omission in the Servicer’s Certificate or any other data confirmed by it, such certificates and data being the sole responsibility of the Servicer or the other Person supplying such data.

Appears in 3 contracts

Samples: Sale and Servicing (UPFC Auto Receivables Corp.), Sale and Servicing (UPFC Auto Receivables Corp.), Sale and Servicing (UPFC Auto Receivables Trust 2005-B)

Monthly Tape. No On or before the Distribution Date, but in no event later than the second Business Day after seventh calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer’s Certificate is complete on its face, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, (iii) verify the mathematical accuracy of all calculations contained within the Servicer’s Certificate with respect to the information set forth in 4.9(b)(iii) and (iiiv) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds (y) withdrawn from the Reserve Spread Account, or (z) drawn under the Note Policy, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Controlling Party and to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Preliminary Servicer’s Certificate for the next succeeding Distribution Date, and/or the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor replacement Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2003-a-M), Sale and Servicing (Americredit Automobile Receivables Trust 2003-D-M)

Monthly Tape. No later than the second Business Day after each Distribution Date, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable form, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds (x) withdrawn from the Reserve AccountAccount or (y) drawn under the Guaranty, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 2 contracts

Samples: Sale and Servicing (Americredit Corp), Sale and Servicing (AmeriCredit Automobile Receivables Trust 2008-2)

Monthly Tape. No later than the second Business Day after each Distribution Date, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer an electronic file in a computer tape and a diskette (or any other electronic transmission form acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the all information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review allow the application of collections as provided in Section 5.4 Backup Servicer to perform the actions set forth hereunder (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) Monthly Tape to (i) confirm that such tape, diskette or other electronic transmission Monthly Tape is in readable form, and (ii) calculate and confirm against the Servicer’s Certificate for the related period: (A) the aggregate amount distributable Pool Balance as principal of the close of business on the related Distribution Date to each Class last day of Notesthe preceding Collection Period, (B) the number and aggregate amount distributable principal balance of Receivables that were 31-60 days, 61-90 days and more than 90 days delinquent as interest of the close of business on the last day of the preceding Collection Period, (C) statistical data related to the average Principal Balance, weighted average APR, weighted average original term, weighted average remaining term and number of Receivables for the preceding and second preceding Collection Periods, and (D) Extension Rate with respect to the preceding Collection Period. The Backup Servicer shall use the Servicer’s Certificate to confirm the accuracy of the following: (A) the Principal Payment Amount pursuant to Section 5.7(a)(xix) on the related Distribution Date, (B) the Noteholders’ Monthly Interest Distributable Amount on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve AccountAccount Withdrawal Amount, (D) Reserve Account Deposit Amount, (E) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), aboveof principal on the related Distribution Date, (EF) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause of principal on the related Distribution Date, (A), above, and (FG) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such the related Distribution Date after (before giving effect to all distributions made pursuant to clauses any distribution of interest on the related Distribution Date), (AH) the Servicing Fee for the preceding Collection Period and (B), above, respectivelyI) the Specified Reserve Balance. The Backup Servicer shall certify to the Indenture Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Indenture Trustee of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Datereceipt of the Monthly Tape. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer. In the performance of its duties hereunder, the Backup Servicer shall be entitled to conclusively rely on the Servicer’s Certificate or written notice with respect to the occurrence of any Default, Event of Default or other event which affects the verification obligations of the Backup Servicer, with no duty to independently verify the information therein or confirm whether any such event has occurred or otherwise make any determination with respect thereto. Notwithstanding the foregoing, if the Monthly Tape or the Servicer’s Certificate does not contain sufficient information for the Backup Servicer to perform any action specified in this section, the Backup Servicer shall promptly notify the Servicer of any additional information to be delivered by the Servicer to the Backup Servicer, and the Backup Servicer and the Servicer shall mutually agree upon the form thereof; provided, however, that the Backup Servicer shall not be liable for the performance of any action unable to be taken under this section without such additional information until it is received from the Servicer.

Appears in 2 contracts

Samples: Sale and Servicing (Exeter Automobile Receivables Trust 2021-1), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2021-1)

Monthly Tape. No later than the second Business Day after each Distribution Date (but at least four Business Days prior to the related Insured Distribution Date), the Servicer will deliver to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable form, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Spread Account, (D) any payments required to be made by the Insurer under the Note Policy, (E) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (EF) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (FG) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 2 contracts

Samples: Sale and Servicing (AmeriCredit Automobile Receivables Trust 2010-B), Sale and Servicing (AmeriCredit Automobile Receivables Trust 2010-A)

Monthly Tape. [No later than the second Business Day after each Distribution Date, the Servicer will deliver to the Trust Collateral Agent Indenture Trustee [and the Backup Servicer Servicer] a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Indenture Trustee [and the Backup Servicer]) in a format acceptable to the Trust Collateral Agent Indenture Trustee [and the Backup Servicer Servicer] containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). [The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent Indenture Trustee and the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable form, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively, (G) the Servicing Fee for the preceding Collection Period, (H) the Pool Balance as of the close of business on the last day of the preceding Collection Period, (I) the Reserve Account Deposit Amount (after giving effect to all deposits to and withdrawals from the Reserve Account on such Distribution Date), (J) the number and aggregate principal balance of Receivables that were 31-60 days, 61-90 days and more than 90 days delinquent as of the close of business on the last day of the preceding Collection Period, (K) cumulative net loss information with respect to the preceding Collection Period, (L) statistical data related to the average Principal Balance, weighted average APR, weighted average original term, weighted average remaining term and number of Receivables for the preceding and second preceding Collection Periods, and (M) extension information with respect to the preceding Collection Period. The Backup Servicer shall certify to the Indenture Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Indenture Trustee of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.]]

Appears in 2 contracts

Samples: Sale and Servicing (Efcar, LLC), Sale and Servicing (Efcar, LLC)

Monthly Tape. No later than the second Business Day after each Distribution Date, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer an electronic file in a computer tape and a diskette (or any other electronic transmission form acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the all information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review allow the application of collections as provided in Section 5.4 Backup Servicer to perform the actions set forth hereunder (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) Monthly Tape to (i) confirm that such tape, diskette or other electronic transmission Monthly Tape is in readable form, and (ii) calculate and confirm against the Servicer’s Certificate for the related period: (A) the aggregate amount distributable Pool Balance as principal of the close of business on the related Distribution Date to each Class last day of Notesthe preceding Collection Period, (B) the number and aggregate amount distributable principal balance of Receivables that were 31-60 days, 61-90 days and more than 90 days delinquent as interest of the close of business on the last day of the preceding Collection Period, (C) statistical data related to the average Principal Balance, weighted average APR, weighted average original term, weighted average remaining term and number of Receivables for the preceding and second preceding Collection Periods, and (D) Extension Rate with respect to the preceding Collection Period. The Backup Servicer shall use the Servicer’s Certificate to confirm the accuracy of the following: (A) the Principal Payment Amount pursuant to Section 5.7(a)(xxii) on the related Distribution Date, (B) the Noteholders’ Monthly Interest Distributable Amount on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve AccountAccount Withdrawal Amount, (D) Reserve Account Deposit Amount, (E) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), aboveof principal on the related Distribution Date, (EF) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause of principal on the related Distribution Date, (A), above, and (FG) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such the related Distribution Date after (before giving effect to all distributions made pursuant to clauses any distribution of interest on the related Distribution Date), (AH) the Servicing Fee for the preceding Collection Period and (B), above, respectivelyI) the Specified Reserve Balance. The Backup Servicer shall certify to the Indenture Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Indenture Trustee of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Datereceipt of the Monthly Tape. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer. In the performance of its duties hereunder, the Backup Servicer shall be entitled to conclusively rely on the Servicer’s Certificate or written notice with respect to the occurrence of any Default, Event of Default or other event which affects the verification obligations of the Backup Servicer, with no duty to independently verify the information therein or confirm whether any such event has occurred or otherwise make any determination with respect thereto. Notwithstanding the foregoing, if the Monthly Tape or the Servicer’s Certificate does not contain sufficient information for the Backup Servicer to perform any action specified in this section, the Backup Servicer shall promptly notify the Servicer of any additional information to be delivered by the Servicer to the Backup Servicer, and the Backup Servicer and the Servicer shall mutually agree upon the form thereof; provided, however, that the Backup Servicer shall not be liable for the performance of any action unable to be taken under this section without such additional information until it is received from the Servicer.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2020-3), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2020-3)

Monthly Tape. No later than (a) On or before the second Business Day after seventh calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and Agent, the Insurer, the Backup Servicer and the Designated Backup Subservicer a computer tape and or a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall cause the Designated Backup Subservicer to use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer’s Certificate is complete on its face or note discrepancies, (ii) confirm or note discrepancies that such tape, diskette or other electronic transmission is in readable form, and (iiiii) calculate and confirm or note discrepancies regarding (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, ; (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, ; (C) any amounts distributable on the related Distribution Date which are to be paid with funds (y) withdrawn from the Reserve Spread Account, or (z) drawn under the Note Policy; (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, ; (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and ; (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses clause (AB) above; (G) the Monthly Extension Rate; (H) the Delinquency Ratio; and (B), above, respectivelyI) the Cumulative Net Loss Ratio. The Backup Servicer shall certify cause the Designated Backup Subservicer to provide a letter to the Controlling Party and to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Designated Backup Servicer Subservicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Designated Backup Servicer Subservicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor replacement Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (UPFC Auto Receivables Trust 2007-B), Sale and Servicing (UPFC Auto Receivables Trust 2007-A)

Monthly Tape. No later than (a) On or before the second Business Day after seventh calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and Agent, the Insurer, the Backup Servicer and the Designated Backup Subservicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall cause the Designated Backup Subservicer to use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer’s Certificate is complete on its face or note discrepancies, (ii) confirm or note discrepancies that such tape, diskette or other electronic transmission is in readable form, and (iiiii) calculate and confirm or note discrepancies regarding (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, ; (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, ; (C) any amounts distributable on the related Distribution Date which are to be paid with funds (y) withdrawn from the Reserve Spread Account, or (z) drawn under the Note Policy; (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, ; (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and ; (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses clause (AB) above; (G) the Monthly Extension Rate; (H) the Delinquency Ratio; and (B), above, respectivelyI) the Cumulative Net Loss Ratio. The Backup Servicer shall certify cause the Designated Backup Subservicer to provide a letter to the Controlling Party and to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Designated Backup Servicer Subservicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Designated Backup Servicer Subservicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor replacement Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 2 contracts

Samples: Sale and Servicing (UPFC Auto Receivables Trust 2006-B), Sale and Servicing (UPFC Auto Receivables Trust 2006-A)

Monthly Tape. No later than the second Business Day after each Distribution Date (other than the Special Distribution Date), the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer an electronic file in a computer tape and a diskette (or any other electronic transmission form acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the all information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review allow the application of collections as provided in Section 5.4 Backup Servicer to perform the actions set forth hereunder (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) Monthly Tape to (i) confirm that such tape, diskette or other electronic transmission Monthly Tape is in readable form, and (ii) calculate and confirm against the Servicer’s Certificate for the related period: (A) the aggregate amount distributable Pool Balance as principal of the close of business on the last day of the related Distribution Date to each Class of NotesCollection Period, (B) the number and aggregate amount distributable principal balance of Receivables that were 31-60 days, 61-90 days and more than 90 days delinquent as interest of the close of business on the last day of the related Collection Period, (C) statistical data related to the average Principal Balance, weighted average APR, weighted average original term, weighted average remaining term and number of Receivables for the related and preceding Collection Periods, (D) Extension Rate with respect to the related Collection Period and (E) the aggregate Principal Balance of the Receivables that have been extended during such Collection Period. The Backup Servicer shall use the Servicer’s Certificate to recalculate and confirm the accuracy of the following: (A) the Principal Payment Amount pursuant to Section 5.7(a)(xix) on the related Distribution Date, (B) the Noteholders’ Monthly Interest Distributable Amount on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve AccountAccount Withdrawal Amount, (D) Reserve Account Deposit Amount, (E) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), aboveof principal on the related Distribution Date, (EF) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause of principal on the related Distribution Date, (A), above, and (FG) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such the related Distribution Date after (before giving effect to all distributions made pursuant to clauses any distribution of interest on the related Distribution Date), (AH) the Servicing Fee for the related Collection Period and (B), above, respectivelyI) the Specified Reserve Balance. The Backup Servicer shall certify to the Indenture Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Indenture Trustee of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Datereceipt of the Monthly Tape and the Servicer’s Certificate. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer. In the performance of its duties hereunder, the Backup Servicer shall be entitled to conclusively rely on the Servicer’s Certificate or written notice with respect to the occurrence of any Default, Event of Default or other event which affects the verification obligations of the Backup Servicer, with no duty to independently verify the information therein or confirm whether any such event has occurred or otherwise make any determination with respect thereto. Notwithstanding the foregoing, if the Monthly Tape or the Servicer’s Certificate does not contain sufficient information for the Backup Servicer to perform any action specified in this section, the Backup Servicer shall promptly notify the Servicer of any additional information to be delivered by the Servicer to the Backup Servicer, and the Backup Servicer and the Servicer shall mutually agree upon the form thereof; provided, however, that the Backup Servicer shall not be liable for the performance of any action unable to be taken under this section without such additional information until it is received from the Servicer.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2022-2), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2022-2)

Monthly Tape. No On or before the eighth Business Day, but in no event later than the second Business Day after tenth calendar day, of each Distribution Datemonth, the Servicer will shall deliver or cause to be delivered to the Trust Collateral Agent Indenture Trustee, Owner Trustee and the Backup Servicer a computer tape and a diskette (or any other form of electronic transmission acceptable to the Trust Collateral Agent Owner Trustee, the Indenture Trustee and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Indenture Trustee, Owner Trustee and the Backup Servicer containing the information with respect to the Receivables as of the last day of the preceding Accounting Date Collection Period and necessary for preparation of the Servicer’s 's Certificate relating to for the immediately preceding succeeding Determination Date and necessary to review determine the application of collections payments received on the Receivables as provided in Section 5.4 (the “Monthly Tape”)herein. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent Indenture Trustee, Owner Trustee and the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable formverify the mathematical accuracy of the Servicer's Certificate delivered by the Servicer, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Indenture Trustee and the Owner Trustee that it has verified the mathematical accuracy of the Servicer’s 's Certificate in accordance with this Section 4.13 and shall notify the Servicer Servicer, the Indenture Trustee and the Owner Trustee of any discrepancies, in each case, on or before the fifth third Business Day following the Distribution related Determination Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding related Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding related Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding related Distribution Date, the Servicer shall cause the Independent Accountantsa firm of nationally recognized independent certified public accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day third Business Day, but in no event later than the fifth calendar day, of the month after the month in which such Servicer’s Certificate was deliveredfollowing month, to reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Certificate for such the next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event Event, the Servicer shall, if so requested by the Controlling Party (acting at Indenture Trustee or the written direction of the Majority Noteholders)Owner Trustee, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor its records relating to the Receivables and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, verify or monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (First Merchants Acceptance Corp), Sale and Servicing Agreement (First Merchants Acceptance Corp)

Monthly Tape. No later than On or before the second Business Day after Determination Date, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent Indenture Trustee, the Master Servicer and the Backup Servicer each Noteholder a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Indenture Trustee and the Backup Master Servicer) (the "Monthly Tape") in a format acceptable to the Trust Collateral Agent Indenture Trustee and the Backup Master Servicer containing the information with respect to the Receivables as of last day of the preceding Accounting Date related Collection Period necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding Determination Date Collection Period and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”)5.3. The Backup Master Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent Indenture Trustee and the Backup Master Servicer) to (i) confirm that the Servicer's Certificate is complete on its face, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, (iii) verify the mathematical accuracy of all calculations contained within the Monthly Period Receivables Principal Balance Calculation Section, the Reconciliation of Collection Account Section, the Statistical Data (Current and Historical) Section and the Delinquency Section, (iv) based on the information in the Monthly Tape, reconcile and recalculate the following sections of the Servicer's Certificate: the Monthly Period Receivables Principal Balance Calculation Section, the Reconciliation of Collection Account Section, the Statistical Data (Current and Historical) Section and the Delinquency Section and (iiv) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Payment Date to each Class of the Notes, (B) the aggregate amount distributable as interest on the related Distribution Payment Date to each Class of the Notes, (C) any amounts distributable on the related Distribution Payment Date which are to be paid with funds withdrawn from the Reserve Account, Collateral Account and (D) all other amounts distributable on the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution related Payment Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify 2.10(c) of the Servicer and the Trustee of any discrepancies, in each case, on or before the fifth Business Day following the Distribution DateIndenture. In the event that the Backup Master Servicer reports any discrepancies, the Servicer and the Backup Master Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Payment Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Payment Date. In the event that the Backup Master Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding Distribution Payment Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day of the month after the month in which such Servicer’s 's Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), shall deliver to the Backup Servicer or any successor Master Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 2 contracts

Samples: Sale and Servicing (Americredit Corp), Sale and Servicing Agreement (Americredit Corp)

Monthly Tape. No later than On or before the second Business Day after eighteenth calendar day of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other an electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date last day of the related Collection Period necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date for such Collection Period and necessary to review the application of collections Collections as provided in Section 5.4 (the “Monthly Tape”)3.3. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer’s Certificate is complete on its face, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, form and (iiiii) calculate and confirm (A) the aggregate amount distributable as principal in reduction of the Net Investment on the related Distribution Date to each Class of NotesPayment Date, (B) the aggregate amount distributable as interest fees and expenses of transaction parties on the related Distribution Date to each Class of NotesPayment Date, (C) any amounts distributable on the related Distribution Payment Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of Delinquency Ratio for each Class of Notes after giving effect to all distributions made pursuant to clause (A), aboveStatic Pool for such Collection Period, (E) the Note Pool Factor Cumulative Net Loss Ratio for each Class of Notes after giving effect to all distributions made pursuant to clause (A)Static Pool for such Collection Period, above, and (F) the aggregate Noteholders’ Principal Carryover Amount Monthly Extension Rate for such Collection Period, (G) the Net Spread and the aggregate Noteholders’ Interest Carryover Amount Collection Period Net Spread for such Collection Period, (H) the amount on deposit in the Reserve Account as of the last day of such Distribution Date after giving effect to all distributions made pursuant to clauses (A) Collection Period and (B), above, respectivelyI) the Required Reserve Account Amount as of the last day of such Collection Period. The Backup Servicer shall certify to the Trustee Collateral Agent and the Deal Agent that it has verified the Servicer’s Certificate in accordance with this Section 9.17 and shall notify the Servicer Servicer, the Collateral Agent and the Trustee Deal Agent of any discrepancies, in each case, on or before the fifth second Business Day following the Distribution Payment Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Payment Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution related Payment Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution such Payment Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Payment Date. In addition, upon the occurrence of a Servicer Termination Event of Default the Servicer shall, if so requested by the Controlling Party (acting at Collateral Agent or the written direction of the Majority Noteholders)Deal Agent, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 fifteen (15) days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 2 contracts

Samples: Receivables Funding Agreement (Americredit Corp), Receivables Funding Agreement (Americredit Corp)

Monthly Tape. No On or before the Distribution Date, but in no event later than the second Business Day after seventh calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent Insurer and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Insurer and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Insurer and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer’s Certificate is complete on its face, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, (iii) verify the mathematical accuracy of all calculations contained within the Servicer’s Certificate with respect to the information set forth in Section 4.9(b)(iii) and (iiiv) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid (x) on such Distribution Date with funds withdrawn from the Reserve Spread Account, or (y) on the related Insured Distribution Date with funds drawn under the Note Policy (unless such amounts are paid on such Insured Distribution Date by the application of Additional Funds Available), (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively, (G) Monthly Extension Rate, (H) Delinquency Ratio, (I) Cumulative Default Ratio, and (J) Cumulative Net Loss Ratio. The Backup Servicer shall certify to the Controlling Party, the Trust Collateral Agent and the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer Servicer, the Trust Collateral Agent and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Preliminary Servicer’s Certificate for the next succeeding Distribution Date, and/or the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2004-D-F)

Monthly Tape. No On or before the Determination Date, but in no event later than the second Business Day after eighth (8th) calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and or a diskette (or any other electronic transmission acceptable to the Trust Collateral Administrative Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Determination Date Certificate relating to the immediately preceding succeeding Determination Date and necessary to review determine the application of collections as provided in Section 5.4 (the “Monthly Tape”)6.4. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable formverify the Servicer's Determination Date Certificate delivered by the Servicer, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Administrative Agent that it has verified the Servicer’s 's Determination Date Certificate in accordance with this Section 5.13 and shall notify the Servicer and the Trustee Administrative Agent of any discrepancies, in each case, on or before the fifth second Business Day following the Distribution Determination Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding related Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Determination Date Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding related Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Determination Date Certificate by the next succeeding related Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Determination Date Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was deliverednext succeeding Determination Date, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Determination Date Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Administrative Agent, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days 5 Business Days after demand therefor and a computer tape tape, or other electronic transmission acceptable to the Backup Servicer, containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Corp)

Monthly Tape. No On or before the Distribution Date, but in no event later than the second Business Day after seventh calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer’s Certificate is complete on its face, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, (iii) verify the mathematical accuracy of all calculations contained within the Servicer’s Certificate and (iiiv) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds (y) withdrawn from the Reserve Spread Account, or (z) drawn under the Note Policy, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively, (G) Monthly Extention Rate, (H) Delinquency Ratio, (I) Cumulative Default Ratio, and (J) Cumulative Net Loss Ratio. The Backup Servicer shall certify to the Controlling Party and to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Preliminary Servicer’s Certificate for the next succeeding Distribution Date, and/or the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor replacement Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing (Americredit Automobile Receivables Trust 2003-C-F)

Monthly Tape. No later than the second Business Day after each Distribution Date, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer an electronic file in a computer tape and a diskette (or any other electronic transmission form acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the all information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review allow the application of collections as provided in Section 5.4 Backup Servicer to perform the actions set forth hereunder (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) Monthly Tape to (i) confirm that such tape, diskette or other electronic transmission Monthly Tape is in readable form, and (ii) calculate and confirm against the Servicer’s Certificate for the related period: (A) the aggregate amount distributable Pool Balance as principal of the close of business on the last day of the related Distribution Date to each Class of NotesCollection Period, (B) the number and aggregate amount distributable principal balance of Receivables that were 31-60 days, 61-90 days and more than 90 days delinquent as interest of the close of business on the last day of the related Collection Period, (C) statistical data related to the average Principal Balance, weighted average APR, weighted average original term, weighted average remaining term and number of Receivables for the related and preceding Collection Periods, (D) Extension Rate with respect to the related Collection Period and (E) the aggregate Principal Balance of the Receivables that have been extended during such Collection Period. The Backup Servicer shall use the Servicer’s Certificate to recalculate and confirm the accuracy of the following: (A) the Principal Payment Amount pursuant to Section 5.7(a)(xxii) on the related Distribution Date, (B) the Noteholders’ Monthly Interest Distributable Amount on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve AccountAccount Withdrawal Amount, (D) Reserve Account Deposit Amount, (E) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), aboveof principal on the related Distribution Date, (EF) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause of principal on the related Distribution Date, (A), above, and (FG) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such the related Distribution Date after (before giving effect to all distributions made pursuant to clauses any distribution of interest on the related Distribution Date), (AH) the Servicing Fee for the related Collection Period and (B), above, respectivelyI) the Specified Reserve Balance. The Backup Servicer shall certify to the Indenture Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Indenture Trustee of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Datereceipt of the Monthly Tape and the Servicer’s Certificate. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer. In the performance of its duties hereunder, the Backup Servicer shall be entitled to conclusively rely on the Servicer’s Certificate or written notice with respect to the occurrence of any Default, Event of Default or other event which affects the verification obligations of the Backup Servicer, with no duty to independently verify the information therein or confirm whether any such event has occurred or otherwise make any determination with respect thereto. Notwithstanding the foregoing, if the Monthly Tape or the Servicer’s Certificate does not contain sufficient information for the Backup Servicer to perform any action specified in this section, the Backup Servicer shall promptly notify the Servicer of any additional information to be delivered by the Servicer to the Backup Servicer, and the Backup Servicer and the Servicer shall mutually agree upon the form thereof; provided, however, that the Backup Servicer shall not be liable for the performance of any action unable to be taken under this section without such additional information until it is received from the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2021-4)

Monthly Tape. No On or before the eighth Business Day, but in no event later than the second Business Day after tenth calendar day, of each Distribution Datemonth, the Servicer will shall deliver or cause to be delivered to the Trust Collateral Agent Indenture Trustee, Owner Trustee and the Backup Servicer a computer tape and a diskette (or any other form of electronic transmission acceptable to the Trust Collateral Agent Owner Trustee, the Indenture Trustee and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Indenture Trustee, Owner Trustee and the Backup Servicer containing the information with respect to the Receivables as of the last day of the preceding Accounting Date Collection Period and necessary for preparation of the Servicer’s 's Certificate relating to for the immediately preceding succeeding Determination Date and necessary to review determine the application of collections Collections as provided in Section 5.4 (the “Monthly Tape”)herein. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent Indenture Trustee, Owner Trustee and the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable formverify the mathematical accuracy of the Servicer's Certificate delivered by the Servicer, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Indenture Trustee and the Owner Trustee that it has verified the mathematical accuracy of the Servicer’s 's Certificate in accordance with this Section 4.13 and shall notify the Servicer Servicer, the Indenture Trustee and the Owner Trustee of any discrepancies, in each case, on or before the fifth third Business Day following the Distribution related Determination Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding related Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding related Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding related Distribution Date, the Servicer shall cause the Independent Accountantsa firm of nationally recognized independent certified public accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day third Business Day, but in no event later than the fifth calendar day, of the month after the month in which such Servicer’s Certificate was deliveredfollowing month, to reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Certificate for such the next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event Event, the Servicer shall, if so requested by the Controlling Party (acting at Indenture Trustee or the written direction of the Majority Noteholders)Owner Trustee, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor its records relating to the Receivables and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, verify or monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Merchants Acceptance Corp)

Monthly Tape. No On or before the Distribution Date, but in no event later than the second Business Day after seventh calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer’s Certificate is complete on its face, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, and (iiiii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, ; (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, ; (C) any amounts distributable on the related Distribution Date which are to be paid with funds (y) withdrawn from the Reserve Spread Account, or (z) drawn under the Note Policy; (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, ; (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and ; (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively; (G) the Monthly Extension Rate; (H) the Delinquency Ratio; (I) the Gross Default Ratio; and (J) the Cumulative Net Loss Ratio. The Backup Servicer shall certify to the Controlling Party and to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Preliminary Servicer’s Certificate for the next succeeding Distribution Date, and/or the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor replacement Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2004-B-M)

Monthly Tape. No (a) On or before the third Business Day, but in no event later than the second Business Day after fifth calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent Indenture Trustee and the Backup Servicer a computer tape and or a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Indenture Trustee and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Indenture Trustee and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding succeeding Determination Date and necessary to review determine the application of collections as provided in Section 5.4 (the “Monthly Tape”)3.3. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent Indenture Trustee and the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable formverify the Servicer's Certificate delivered by the Servicer, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Security Insurer and the Agent that it has verified the Servicer’s 's Certificate in accordance with this Section 2.13 and shall notify the Servicer Servicer, the Security Insurer and the Trustee Agent of any discrepancies, in each case, on or before the fifth second Business Day following the Distribution Determination Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution related Deficiency Claim Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding related Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding related Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day third Business Day, but in no event later than the fifth calendar day, of the month after the month in which such Servicer’s Certificate was deliveredfollowing month, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party Agent or the Security Insurer (acting at the written direction of the Majority Noteholders), unless an Insurer Default shall have occurred and be continuing) deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after one Business Day of demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer. The duties and obligations of the Backup Servicer shall be determined solely by the express provisions of this Agreement and no implied covenants or obligations shall be read into this Agreement against the Backup Servicer.

Appears in 1 contract

Samples: Servicing Agreement (Olympic Financial LTD)

Monthly Tape. No On or before the Distribution Date, but in no event later than the second Business Day after seventh calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer’s Certificate is complete on its face, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, (iii) verify the mathematical accuracy of all calculations contained within the Servicer’s Certificate and (iiiv) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds (y) withdrawn from the Reserve Spread Account, or (z) drawn under the Note Policy, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively, (G) Monthly Extention Rate, (H) Delinquency Ratio, (I) Cumulative Default Ratio, and (J) Cumulative Net Loss Ratio. The Backup Servicer shall certify to the Controlling Party and to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Back to Contents Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Preliminary Servicer’s Certificate for the next succeeding Distribution Date, and/or the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor replacement Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2004-a-F)

Monthly Tape. No later than On or before the second Business Day after each Distribution Remittance Date, the ------------ Servicer will deliver to the Trust Collateral Agent and the Backup Servicer Note Insurer a computer tape and or a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup ServicerAgent) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”)collections. The Backup Servicer Collateral Agent shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup ServicerAgent) to (i) confirm that the Servicer's Certificate is complete, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, (iii) verify the mathematical accuracy of all calculations contained within the Servicer's Certificate and (iiiv) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectivelydistributed. The Backup Servicer Collateral Agent shall certify to the Trustee Note Insurer that it has verified the Servicer’s 's Certificate in accordance with this Section and shall notify the Servicer and the Trustee Note Insurer of any discrepancies, in each case, on or before the fifth second Business Day following the Distribution Remittance Date. In the event that the Backup Servicer Collateral Agent reports any discrepancies, the Servicer and the Backup Servicer Collateral Agent shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Remittance Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Remittance Date. In the event that the Backup Servicer Collateral Agent and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding Distribution Remittance Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day of the month after the month in which such Servicer’s 's Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Certificate for the next succeeding Remittance Date, and/or the Servicer's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Note Insurer, deliver to the Backup Servicer or any successor Servicer Collateral Agent its Collection Records and its Monthly Records within 15 fifteen (15) days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer Collateral Agent shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer Collateral Agent shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Servicing and Custodian Agreement (Americredit Corp)

Monthly Tape. No On or before the eighth Business Day, but in no event later than the second Business Day after tenth calendar day, of each Distribution Datemonth, the Servicer will shall deliver or cause to be delivered to the Trust Collateral Agent and Paying Agent, the Backup Servicer and the Purchaser, a computer tape and or a diskette (or any other form of electronic transmission acceptable to the Trust Collateral Purchaser, Paying Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Purchaser, Paying Agent and the Backup Servicer containing the information with respect to the Receivables as of the last day of the preceding Accounting Date Collection Period and necessary for preparation of the Servicer’s 's Certificate relating to for the immediately preceding succeeding Determination Date and necessary to review determine the application of collections payments received on the Receivables as provided in Section 5.4 (the “Monthly Tape”)herein. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent Paying Agent, the Backup Servicer and the Backup ServicerPurchaser) to (i) confirm that such tape, diskette or other electronic transmission is in readable formverify the mathematical accuracy of the Servicer's Certificate delivered by the Servicer, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Purchaser that it has verified the mathematical accuracy of the Servicer’s 's Certificate in accordance with this Section 3.13 and shall notify the Servicer and the Trustee Purchaser of any discrepancies, in each case, on or before the fifth third Business Day following the Distribution related Determination Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding related Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding related Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding related Distribution Date, the Servicer shall cause the Independent Accountantsa firm of nationally recognized independent certified public accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day third Business Day, but in no event later than the fifth calendar day, of the month after the month in which such Servicer’s Certificate was deliveredfollowing month, to reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Certificate for such the next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Purchaser, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days 3 Business Days after demand therefor its records relating to the Receivables and a computer tape or diskette containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, including to supervise, verify, verify or monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Servicing Agreement (First Merchants Acceptance Corp)

Monthly Tape. No later than the second Business Day after On or before each Distribution Determination Date, the ------------ Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) Monthly Tape in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Transferred Receivables and Transferred ABS as of the last day of the immediately preceding Accounting Date calendar month necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding succeeding Determination Date Date. Based solely on the information contained in the Monthly Tape and necessary to review the application Servicer's Certificate, the Backup Servicer shall verify the Aggregate Outstanding Principal Balance of collections as provided the Total Receivables Pool and the unpaid principal amount of the Asset Backed Securities in Section 5.4 (the “Monthly Tape”)Total Securities Pool. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to recalculate the Trust Collateral Agent and information contained in the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable form's Certificate delivered by the Servicer, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Agent that it has verified the Servicer’s Certificate in accordance with this Section and is correct on its face or shall notify the Servicer and the Trustee Agent of any discrepancies, in each case, on or before the fifth second Business Day following the Distribution Determination Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding related Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding related Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding related Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day third Business Day, but in no event later than the fifth calendar day, of the month after the month in which such Servicer’s Certificate was deliveredfollowing month, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), shall deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records as soon as practicable and in any event within 15 days one Business Day after demand therefor (which demand may be made at any time after the occurrence of a Facility Termination Event or a Servicer Termination Event or the occurrence of any event which, if uncured, with lapse of time or notice or lapse of time and notice, would constitute a Facility Termination Event or a Servicer Termination Event) and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Transferred Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer. The duties and obligations of the Backup Servicer shall be determined solely by the express provisions of this Agreement and no implied covenants or obligations shall be read into this Agreement against the Backup Servicer.

Appears in 1 contract

Samples: Receivables Financing Agreement (Americredit Corp)

Monthly Tape. No On or before the Determination Date, but in no event later than the second Business Day after seventh calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding succeeding Determination Date and necessary to review determine the application of collections as provided in Section 5.4 (the “Monthly Tape”)5.4. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable formverify the Servicer's Certificate delivered by the Servicer, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Controlling Party that it has verified the Servicer’s 's Certificate in accordance with this Section 4.13 and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth second Business Day following the Distribution Determination Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding related Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding related Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding related Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day third Business Day, but in no event later than the fifth calendar day, of the month after the month in which such Servicer’s Certificate was deliveredfollowing month, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing (Americredit Financial Services Inc)

Monthly Tape. No Not later than the second Business Day after seventh calendar day of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”)5.4. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer’s Certificate is complete, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, (iii) verify the mathematical accuracy of all calculations contained within the Servicer’s Certificate and (iiiv) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds (x) withdrawn from the Reserve AccountAccount or (y) drawn under the Guaranty, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee of any discrepancies, in each case, on the last day of the month in which the tape or before the fifth Business Day following the Distribution Datediskette was received. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing (Americredit Financial Services Inc)

Monthly Tape. No On or before the fourth Business Day, but in no event later than the second Business Day after fifth calendar day, of each Distribution Datemonth, the Master Servicer will deliver or cause to be delivered to the Trust Collateral Agent and the Backup Servicer Insurer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) Insurer in a format acceptable to the Trust Collateral Agent and the Backup Servicer Insurer, containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Master Servicer’s 's Certificate relating to the immediately preceding succeeding Determination Date and necessary to review determine the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable form, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date5.4. In addition, upon the occurrence of a Master Servicer Termination Event the Master Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor Servicer Trust Collateral Agent its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Master Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer Trust Collateral Agent shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Master Servicer or to verify the information contained on the computer tape delivered pursuant to this Section 4.13 other than to verify that such computer tape is in a readable format. Notwithstanding the foregoing, to the extent that the Insurer informs the Trust Collateral Agent of a discrepancy in the computer tape, the Trust Collateral Agent shall cooperate with the Insurer and attempt to reconcile such discrepancies with the Master Servicer prior to the related Distribution Date. In the absence of a reconciliation, the Master Servicer's Certificate shall control for purposes of calculations and distributions with respect to the related Distribution Date. In the event that the Trust Collateral Agent and the Master Servicer are unable to reconcile discrepancies with respect to the Master Servicer's Certificate, by the related Distribution Date, the Master Servicer shall cause independent accountants, at the Master Servicer's expense, to audit the Master Servicer's Certificate and, prior to the Determination Date, reconcile the discrepancies. The Backup Servicer effect, if any, of such reconciliation shall be reflected in the Master Servicer's Certificate for such next succeeding Determination Date. The Trust Collateral Agent shall have no liability for any actions taken or omitted by the Master Servicer.

Appears in 1 contract

Samples: Sale and Servicing (Advanta Automobile Receivables Trust 1997-1)

Monthly Tape. No On or before the Distribution Date, but in no event later than the second Business Day after seventh calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) Back to Contents confirm that the Servicer’s Certificate is complete on its face, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, and (iiiii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, ; (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, ; (C) any amounts distributable on the related Distribution Date which are to be paid with funds (y) withdrawn from the Reserve Spread Account, or (z) drawn under the Note Policy; (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, ; (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and ; (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively; (G) the Monthly Extension Rate; (H) the Delinquency Ratio; and (I) the Cumulative Net Loss Ratio. The Backup Servicer shall certify to the Controlling Party and to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Preliminary Servicer’s Certificate for the next succeeding Distribution Date, and/or the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor replacement Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2004-C-A)

Monthly Tape. No On or before the third Business Day, but in no event later than the second Business Day after fifth calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent Trustee and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Trustee and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Trustee and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding succeeding Determination Date and necessary to review determine the application of collections as provided in Section 5.4 (the “Monthly Tape”)4.3. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent Trustee and the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable formverify the Servicer's Certificate delivered by the Servicer, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Controlling Party that it has verified the Servicer’s 's Certificate in accordance with this Section 3.13 and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth second Business Day following the Distribution Determination Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding related Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding related Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding related Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day third Business Day, but in no event later than the fifth calendar day, of the month after the month in which such Servicer’s Certificate was deliveredfollowing month, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Corp)

Monthly Tape. No later than the second Business Day after each Distribution Date, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer an electronic file in a computer tape and a diskette (or any other electronic transmission form acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the all information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review allow the application of collections as provided in Section 5.4 Backup Servicer to perform the actions set forth hereunder (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) Monthly Tape to (i) confirm that such tape, diskette or other electronic transmission Monthly Tape is in readable form, and (ii) calculate and confirm against the Servicer’s Certificate for the related period: (A) the aggregate amount distributable Pool Balance as principal of the close of business on the last day of the related Distribution Date to each Class of NotesCollection Period, (B) the number and aggregate amount distributable principal balance of Receivables that were 31-60 days, 61-90 days and more than 90 days delinquent as interest of the close of business on the last day of the related Collection Period, (C) statistical data related to the average Principal Balance, weighted average APR, weighted average original term, weighted average remaining term and number of Receivables for the related and preceding Collection Periods, (D) Extension Rate with respect to the related Collection Period and (E) the aggregate Principal Balance of the Receivables that have been extended during such Collection Period. The Backup Servicer shall use the Servicer’s Certificate to recalculate and confirm the accuracy of the following: (A) the Principal Payment Amount pursuant to Section 5.7(a)(xix) on the related Distribution Date, (B) the Noteholders’ Monthly Interest Distributable Amount on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve AccountAccount Withdrawal Amount, (D) Reserve Account Deposit Amount, (E) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), aboveof principal on the related Distribution Date, (EF) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause of principal on the related Distribution Date, (A), above, and (FG) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such the related Distribution Date after (before giving effect to all distributions made pursuant to clauses any distribution of interest on the related Distribution Date), (AH) the Servicing Fee for the related Collection Period and (B), above, respectivelyI) the Specified Reserve Balance. The Backup Servicer shall certify to the Indenture Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Indenture Trustee of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Datereceipt of the Monthly Tape and the Servicer’s Certificate. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer 41 the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer. In the performance of its duties hereunder, the Backup Servicer shall be entitled to conclusively rely on the Servicer’s Certificate or written notice with respect to the occurrence of any Default, Event of Default or other event which affects the verification obligations of the Backup Servicer, with no duty to independently verify the information therein or confirm whether any such event has occurred or otherwise make any determination with respect thereto. Notwithstanding the foregoing, if the Monthly Tape or the Servicer’s Certificate does not contain sufficient information for the Backup Servicer to perform any action specified in this section, the Backup Servicer shall promptly notify the Servicer of any additional information to be delivered by the Servicer to the Backup Servicer, and the Backup Servicer and the Servicer shall mutually agree upon the form thereof; provided, however, that the Backup Servicer shall not be liable for the performance of any action unable to be taken under this section without such additional information until it is received from the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2022-1)

Monthly Tape. [No later than the second Business Day after each Distribution Date, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer an electronic file in a computer tape and a diskette (or any other electronic transmission form acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the all information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review allow the application of collections as provided in Section 5.4 Backup Servicer to perform the actions set forth hereunder (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) Monthly Tape to (i) confirm that such tape, diskette or other electronic transmission Monthly Tape is in readable form, and (ii) calculate and confirm against the Servicer’s Certificate for the related period: (A) the aggregate amount distributable Pool Balance as principal of the close of business on the last day of the related Distribution Date to each Class of NotesCollection Period, (B) the number and aggregate amount distributable principal balance of Receivables that were 31-60 days, 61-90 days and more than 90 days delinquent as interest of the close of business on the last day of the related Collection Period, (C) statistical data related to the average Principal Balance, weighted average APR, weighted average original term, weighted average remaining term and number of Receivables for the related and preceding Collection Periods, (D) Extension Rate with respect to the related Collection Period and (E) the aggregate Principal Balance of the Receivables that have been extended during such Collection Period. The Backup Servicer shall use the Servicer’s Certificate to recalculate and confirm the accuracy of the following: (A) the Principal Payment Amount pursuant to Section 5.7(a)(xix) on the related Distribution Date, (B) the Noteholders’ Monthly Interest Distributable Amount on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve AccountAccount Withdrawal Amount, (D) Reserve Account Deposit Amount, (E) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), aboveof principal on the related Distribution Date, (EF) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause of principal on the related Distribution Date, (A), above, and (FG) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such the related Distribution Date after (before giving effect to all distributions made pursuant to clauses any distribution of interest on the related Distribution Date), (AH) the Servicing Fee for the related Collection Period and (B), above, respectivelyI) the Specified Reserve Balance. The Backup Servicer shall certify to the Indenture Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Indenture Trustee of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Datereceipt of the Monthly Tape and the Servicer’s Certificate. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer. In the performance of its duties hereunder, the Backup Servicer shall be entitled to conclusively rely on the Servicer’s Certificate or written notice with respect to the occurrence of any Default, Event of Default or other event which affects the verification obligations of the Backup Servicer, with no duty to independently verify the information therein or confirm whether any such event has occurred or otherwise make any determination with respect thereto.] [Notwithstanding the foregoing, if the Monthly Tape or the Servicer’s Certificate does not contain sufficient information for the Backup Servicer to perform any action specified in this section, the Backup Servicer shall promptly notify the Servicer of any additional information to be delivered by the Servicer to the Backup Servicer, and the Backup Servicer and the Servicer shall mutually agree upon the form thereof; provided, however, that the Backup Servicer shall not be liable for the performance of any action unable to be taken under this section without such additional information until it is received from the Servicer.]

Appears in 1 contract

Samples: Sale and Servicing Agreement (Efcar, LLC)

Monthly Tape. No later than the second Business Day after each Distribution Determination Date, the Servicer will shall deliver to the Trust Collateral Agent Indenture Trustee and the Backup Servicer a computer tape and or a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Indenture Trustee and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Indenture Trustee and the Backup Servicer containing the such information with respect to the Receivables as of the close of business on the last day of the preceding Accounting Date Collection Period as is necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 Monthly Servicer Report (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent Indenture Trustee and the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable form, and (ii) calculate form and confirm that the Aggregate Receivable Balance (A) the aggregate amount distributable as principal based on the related Distribution Date to each Class of Notes, (Bdata included on such Monthly Tape) is consistent with the aggregate amount distributable as interest on Aggregate Receivable Balance set forth in the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectivelyMonthly Servicer Report. The Backup Servicer shall certify to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee Agent of any discrepancies, such discrepancy in each case, the Aggregate Receivable Balance on or before the fifth Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination related Payment Date. In addition, upon the occurrence of a Servicer Termination Event of Default, the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Holders, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer. The duties and obligations of the Backup Servicer shall be determined solely by the express provisions of this Agreement and no implied covenants or obligations shall be read into this Agreement against the Backup Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Corp)

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Monthly Tape. No later than On or before the second Business Day after each Distribution Remittance Date, the Servicer will deliver to the Trust Collateral Agent Note Insurer and the Backup Standby Servicer a computer tape and or a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Standby Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Standby Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”)collections. The Backup Standby Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Standby Servicer) to (i) confirm that the Servicer’s Certificate is complete, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, (iii) verify the mathematical accuracy of all calculations contained within the Servicer’s Certificate and (iiiv) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectivelydistributed. The Backup Standby Servicer shall certify to the Trustee Note Insurer that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee Note Insurer of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Remittance Date. In the event that the Backup Standby Servicer reports any discrepancies, the Servicer and the Backup Standby Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Remittance Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Remittance Date. In the event that the Backup Standby Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Remittance Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for the next succeeding Remittance Date, and/or the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Note Insurer, deliver to the Backup Servicer or any successor Standby Servicer its Collection Records and its Monthly Records within 15 fifteen (15) days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Standby Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Standby Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Servicing and Custodian Agreement (Americredit Corp)

Monthly Tape. No On or before the Insured Distribution Date, but in no event later than the second Business Day after seventh calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding Determination Date and necessary to review determine the application of collections as provided in Section 5.4 (the “Monthly Tape”)5.4. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable formverify the Servicer's Certificate delivered by the Servicer, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Controlling Party that it has verified the Servicer’s 's Certificate in accordance with this Section and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth second Business Day following the Insured Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day of the month after the month in which such Servicer’s 's Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Preliminary Servicer’s 's Certificate for the next succeeding Distribution Date, and/or the Servicer's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)

Monthly Tape. No On or before the Distribution Date, but in no event later than the second Business Day after seventh calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the "Monthly Tape"). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer's Certificate is complete on its face, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, (iii) verify the mathematical accuracy of all calculations contained within the Servicer's Certificate with respect to the information set forth in 4.9(b)(iii) and (iiiv) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds (y) withdrawn from the Reserve Spread Account, or (z) drawn under the Note Policy, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders' Principal Carryover Amount and the aggregate Noteholders' Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Controlling Party and to the Trustee that it has verified the Servicer’s 's Certificate in accordance with this Section and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day of the month after the month in which such Servicer’s 's Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Preliminary Servicer’s 's Certificate for the next succeeding Distribution Date, and/or the Servicer's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor replacement Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2003-B-X)

Monthly Tape. No On or before the Insured Distribution Date, but ------------ in no event later than the second Business Day after seventh calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding Determination Date and necessary to review determine the application of collections as provided in Section 5.4 (the “Monthly Tape”)5.4. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable formverify the Servicer's Certificate delivered by the Servicer, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Controlling Party that it has verified the Servicer’s 's Certificate in accordance with this Section and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth second Business Day following the Insured Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day of the month after the month in which such Servicer’s 's Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Preliminary Servicer’s 's Certificate for the next succeeding Distribution Date, and/or the Servicer's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing (Americredit Financial Services Inc)

Monthly Tape. No On or before the Distribution Date, but in no event later than the second Business Day after eighteenth calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”)5.3. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer's Certificate is complete, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, (iii) verify the mathematical accuracy of all calculations contained within the Servicer's Certificate and (iiiv) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, and (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Trust Collateral Agent that it has verified the Servicer’s 's Certificate in accordance with this Section and shall notify the Servicer Servicer, the Administrative Agent, the Agents and the Trustee Trust Collateral Agent of any discrepancies, in each case, on or before the fifth second Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day of the month after the month in which such Servicer’s 's Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at Trust Collateral Agent, an Agent or the written direction of Class A Majority, the Class B Majority, the Class C Majority, the Class D Majority Noteholders)or the Class E Majority, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Corp)

Monthly Tape. No later than the second Business Day after each Distribution Date, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable form, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Table of Contents Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing (Americredit Automobile Receivables Trust 2011-4)

Monthly Tape. No Not later than the second Business Day after seventh calendar day of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”)5.4. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer's Certificate is complete, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, (iii) verify the mathematical accuracy of all calculations contained within the Servicer's Certificate and (iiiv) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds (x) withdrawn from the Reserve AccountAccount or (y) drawn under the Guaranty, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders' Principal Carryover Amount and the aggregate Noteholders' Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee that it has verified the Servicer’s 's Certificate in accordance with this Section and shall notify the Servicer and the Trustee of any discrepancies, in each case, on the last day of the month in which the tape or before the fifth Business Day following the Distribution Datediskette was received. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day of the month after the month in which such Servicer’s 's Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing (Americredit Financial Services Inc)

Monthly Tape. No On or before the third Business Day, but in no event later than the second Business Day after fifth calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent Trustee and the Backup Servicer a computer tape and or a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Trustee and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Trustee and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding succeeding Determination Date and necessary to review determine the application of collections as provided in Section 5.4 (the “Monthly Tape”)4.3. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent Trustee and the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable formverify the Servicer's Certificate delivered by the Servicer, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Controlling Party that it has verified the Servicer’s 's Certificate in accordance with this Section 3.13 and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth second Business Day following the Distribution Determination Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution related Payment Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution related Payment Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding Distribution related Payment Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day third Business Day, but in no event later than the fifth calendar day, of the month after the month in which such Servicer’s Certificate was deliveredfollowing month, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Enterprise Financial Group Inc)

Monthly Tape. No later than the second Business Day after each Distribution Date, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable form, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of the Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of the Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of the Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of the Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.succeeding

Appears in 1 contract

Samples: Sale and Servicing (General Motors Financial Company, Inc.)

Monthly Tape. No later than On or before the second Business Day after each Distribution Remittance Date, the ------------ Servicer will deliver to the Trust Collateral Agent and the Backup Servicer Note Insurer a computer tape and or a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup ServicerAgent) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”)collections. The Backup Servicer Collateral Agent shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup ServicerAgent) to (i) confirm that the Servicer's Certificate is complete, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, (iii) verify the mathematical accuracy of all calculations contained within the Servicer's Certificate and (iiiv) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectivelydistributed. The Backup Servicer Collateral Agent shall certify to the Trustee Note Insurer that it has verified the Servicer’s 's Certificate in accordance with this Section and shall notify the Servicer and the Trustee Note Insurer of any discrepancies, in each case, on or before the fifth second Business Day following the Distribution Remittance Date. In the event that the Backup Servicer Collateral Agent reports any discrepancies, the Servicer and the Backup Servicer Collateral Agent shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Remittance Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Remittance Date. In the event that the Backup Servicer Collateral Agent and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding Distribution Remittance Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day of the month after the month in which such Servicer’s 's Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Certificate for the next succeeding Remittance Date, and/or the Servicer's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Note Insurer, deliver to the Backup Servicer or any successor Servicer Collateral Agent its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer Collateral Agent shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer Collateral Agent shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Servicing and Custodian Agreement (Americredit Corp)

Monthly Tape. No On or before the Insured Distribution Date, but in no event later than the second Business Day after seventh calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”)5.4. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer's Certificate is complete, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, (iii) verify the mathematical accuracy of all calculations contained within the Servicer's Certificate and (iiiv) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds (x) withdrawn from the Reserve AccountSpread Account or (y) drawn under the Note Policy, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders' Principal Carryover Amount and the aggregate Noteholders' Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Controlling Party that it has verified the Servicer’s 's Certificate in accordance with this Section and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth second Business Day following the Insured Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day of the month after the month in which such Servicer’s 's Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Preliminary Servicer’s 's Certificate for the next succeeding Distribution Date, and/or the Servicer's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Americredit Financial Services Inc

Monthly Tape. No On or before the Insured Distribution Date, but in no event later than the second Business Day after seventh calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”)5.4. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer's Certificate is complete, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, (iii) verify the mathematical accuracy of all calculations contained within the Servicer's Certificate and (iiiv) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds (y) withdrawn from the Reserve AccountSpread Account or (z) drawn under the Note Policy, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders' Principal Carryover Amount and the aggregate Noteholders' Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Controlling Party that it has verified the Servicer’s 's Certificate in accordance with this Section and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth second Business Day following the Insured Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day 41 of the month after the month in which such Servicer’s 's Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Preliminary Servicer’s 's Certificate for the next succeeding Distribution Date, and/or the Servicer's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)

Monthly Tape. No On or before the third Business Day, but in no event later than the second Business Day after fifth calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) Monthly Tape in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Transferred Receivables as of the last day of the immediately preceding Accounting Date calendar month necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding succeeding Determination Date . Based solely on the information contained in the Monthly Tape and necessary to review the application Servicer's Certificate, the Backup Servicer shall verify the Aggregate Outstanding Principal Balance of collections as provided in Section 5.4 (the “Monthly Tape”)Total Receivables Pool. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to recalculate the Trust Collateral Agent and information contained in the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable form's Certificate delivered by the Servicer, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Agent that it has verified the Servicer’s Certificate in accordance with this Section and is correct on its face or shall notify the Servicer and the Trustee Agent of any discrepancies, in each case, on or before the fifth second Business Day following the Distribution Determination Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding related Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding related Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding related Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day third Business Day, but in no event later than the fifth calendar day, of the month after the month in which such Servicer’s Certificate was deliveredfollowing month, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Agent, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records as soon as practicable and in any event within 15 days one Business Day after demand therefor (which demand may be made at any time after the occurrence of a Facility Termination Event or a Servicer Termination Event or the occurrence of any event which, if uncured, with lapse of time or notice or lapse of time and notice, would constitute a Facility Termination Event or a Servicer Termination Event) and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Transferred Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer. The duties and obligations of the Backup Servicer shall be determined solely by the express provisions of this Agreement and no implied covenants or obligations shall be read into this Agreement against the Backup Servicer.

Appears in 1 contract

Samples: Receivables Financing Agreement (Arcadia Financial LTD)

Monthly Tape. No On or before the Remittance Date, but in no event later than the second Business Day after eighteenth calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other an electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting last day of the Settlement Period relating to such Remittance Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (2.3 of the “Monthly Tape”)Security Agreement. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer’s Certificate is complete on its face, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, form and (iiiii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of NotesRemittance Date, (B) the aggregate amount distributable as interest Carrying Costs on the related Distribution Date to each Class of NotesRemittance Date, (C) any amounts distributable on the related Distribution Remittance Date which are to be paid with funds withdrawn from the Reserve Spread Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), aboveDelinquency Ratio on the related Determination Date, (E) the Note Pool Factor Cumulative Net Loss Ratio for each Class of Notes after giving effect to all distributions made pursuant to clause (A)Called Series on the related Determination Date, above, and (F) the aggregate Noteholders’ Principal Carryover Amount Annualized Net Default Rate on the related Determination Date, (G) the Monthly Net Loss Percentage for each Called Series on the related Determination Date, (H) the Excess Spread Percentage on the related Determination Date, (I) the amount on deposit in the Spread Account on the related Determination Date and (J) the aggregate Noteholders’ Interest Carryover Required Spread Account Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectivelythe related Determination Date. The Backup Servicer shall certify to the Trustee Collateral Agent that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer Servicer, the Agent and the Trustee Collateral Agent of any discrepancies, in each case, on or before the fifth second Business Day following the Distribution Remittance Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Remittance Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Remittance Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Remittance Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event of Default the Servicer shall, if so requested by the Controlling Party (acting at Collateral Agent, the written direction of Agent or the Majority Noteholders)Owners, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Servicing and Custodian Agreement (Americredit Corp)

Monthly Tape. No later than On the second Business Day after each Distribution Determination Date, the Servicer will ------------ shall deliver or cause to be delivered to the Trust Collateral Agent Indenture Trustee, the Owner Trustee, the Note Insurer and the Backup Servicer a computer tape and a diskette (or any other form of electronic transmission acceptable to the Trust Collateral Agent Owner Trustee, the Indenture Trustee, the Note Insurer and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Indenture Trustee, Owner Trustee, the Note Insurer and the Backup Servicer containing the information with respect to the Receivables as of the last day of the preceding Accounting Date Collection Period and necessary for preparation of the Servicer’s 's Certificate relating to for the immediately preceding succeeding Determination Date and necessary to review determine the application of collections payments received on the Receivables as provided in Section 5.4 (the “Monthly Tape”)herein. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent Indenture Trustee, Owner Trustee, the Note Insurer and the Backup Servicer) to (i) confirm that verify the mathematical accuracy of the items set forth in Exhibit C to the extent possible from the information given to the Backup Servicer at such tape, diskette time or other electronic transmission is in readable formsubsequent thereto, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Indenture Trustee, the Note Insurer and the Owner Trustee that it has verified the mathematical accuracy of the Servicer’s Certificate 's Certificate, other than the items in I of the Servicer's Certificate, and such compliance by the Servicer in accordance with this Section 4.13 and shall notify the Servicer Servicer, the Indenture Trustee, the Note Insurer and the Owner Trustee of any discrepancies, in each case, on or before the fifth third Business Day following the Distribution related Determination Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding related Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding related Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding related Distribution Date, the Servicer shall cause the Independent Accountantsa firm of nationally recognized independent certified public accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day third Business Day, but in no event later than the fifth calendar day, of the month after the month in which following month, to reconcile such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Certificate for such the next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event Event, the Servicer shall, if so requested by the Controlling Party (acting at Indenture Trustee, the Note Insurer or the Owner Trustee, each with the prior written direction consent of the Majority Noteholders)Note Insurer, deliver to the Backup Servicer Servicer, or any the successor Servicer its Collection Records and its Monthly Records if other than the Backup Servicer, within 15 days after demand therefor its records relating to the Receivables and the related property and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with the servicing of the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, verify or monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (SSB Vehicle Securities Inc)

Monthly Tape. No later than the second Business Day after (a) On or before each Distribution Date, Determination Date the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and or a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding Determination Date and necessary Collection Period. Such computer tape or diskette shall be available to review the application of collections as provided in Section 5.4 (the “Monthly Tape”)Insurer upon request. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer's Certificate is complete, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, (iii) verify the mathematical accuracy of all calculations contained within the Servicer's Certificate and (iiiv) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds (x) withdrawn from the Reserve AccountSpread Account or (y) drawn under the Note Policy, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders' Principal Carryover Amount and the aggregate Noteholders' Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Controlling Party that it has verified the Servicer’s 's Certificate in accordance with this Section and shall notify the Servicer Servicer, the Controlling Party and the Trustee each Rating Agency of any discrepancies, in each case, on or before the fifth second Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day third Business Day, but in no event later than the fifth calendar day, of the following month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event Event, the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), shall deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (MFN Financial Corp)

Monthly Tape. No later than (a) On or before each Determination Date, or upon demand by the second Business Day after each Distribution DateBackup Servicer, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and or a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate 's Certificate, including but not limited to Collection Records and Monthly Records, relating to the immediately preceding Determination Date and necessary Collection Period. Such computer tape or diskette shall be available to review the application of collections as provided in Section 5.4 (the “Monthly Tape”)Insurer upon request. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer's Certificate is complete, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, (iii) verify the mathematical accuracy of all calculations contained within the Servicer's Certificate and (iiiv) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds (x) withdrawn from the Reserve AccountSpread Account or (y) drawn under the Note Policy, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders' Principal Carryover Amount and the aggregate Noteholders' Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Controlling Party that it has verified the Servicer’s 's Certificate in accordance with this Section and shall notify the Servicer Servicer, the Controlling Party and the Trustee each Rating Agency of any discrepancies, in each case, on or before the fifth second Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day third Business Day, but in no event later than the fifth calendar day, of the following month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), shall deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor thereof and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Monthly Tape. No later than the second Business Day after each Distribution Date, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the "Monthly Tape"). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer's Certificate is complete on its face, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, and (iiiii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders' Principal Carryover Amount and the aggregate Noteholders' Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee that it has verified the Servicer’s 's Certificate in accordance with this Section and shall notify the Servicer and the Trustee of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day of the month after the month in which such Servicer’s 's Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor replacement Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2005-1)

Monthly Tape. No later than the second Business Day after each Distribution Date (but at least four Business Days prior to the related Insured Distribution Date), the Servicer will deliver to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer’s Certificate is complete on its face, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, form and (iiiii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, ; (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, ; (C) any amounts distributable on the related Distribution Date which are to be paid (x) on such Distribution Date with funds withdrawn from the Reserve Spread Account, or (y) on the related Insured Distribution Date with funds drawn under the Note Policy (unless such amounts are paid on such Insured Distribution Date by the application of Additional Funds Available); (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, ; (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and ; (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively, (G) the Monthly Extension Rate, (H) the Delinquency Ratio, (I) the Cumulative Default Ratio, (J) the Cumulative Net Loss Ratio, (K) the Pre-Funded Amount and (L) the amount on deposit in the Capitalized Interest Account. The Backup Servicer shall certify to the Controlling Party, the Trust Collateral Agent and the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer Servicer, the Trust Collateral Agent and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Preliminary Servicer’s Certificate for the next succeeding Distribution Date, and/or the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing (Americredit Automobile Receivables Trust 2005-C-F)

Monthly Tape. No On or before the Distribution Date, but ------------ in no event later than the second Business Day after eighteenth calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s 's Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”)5.3. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer's Certificate is complete, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, (iii) verify the mathematical accuracy of all calculations contained within the Servicer's Certificate and (iiiv) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, and (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Trust Collateral Agent that it has verified the Servicer’s 's Certificate in accordance with this Section and shall notify the Servicer Servicer, the Administrative Agent, the Agents and the Trustee Trust Collateral Agent of any discrepancies, in each case, on or before the fifth second Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s 's Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s 's Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s 's expense, to audit the Servicer’s 's Certificate and, prior to the last day of the month after the month in which such Servicer’s 's Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s 's Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at Trust Collateral Agent, an Agent or the written direction of Class A Majority, the Class B Majority, the Class C Majority, the Class D Majority Noteholders)or the Class E Majority, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing (Americredit Corp)

Monthly Tape. No later than the second Business Day after each Distribution Date, the Servicer will deliver to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer’s Certificate is complete on its face, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, and (iiiii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, ; (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, ; (C) any amounts distributable on the related Distribution Date which are to be paid with funds (y) withdrawn from the Reserve Spread Account, or (z) drawn under the Note Policy; (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, ; (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and ; (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively; (G) the Monthly Extension Rate; (H) the Delinquency Ratio; (I) the Gross Default Ratio; and (J) the Cumulative Net Loss Ratio. The Backup Servicer shall certify to the Controlling Party and to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Preliminary Servicer’s Certificate for the next succeeding Distribution Date, and/or the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2005-B-M)

Monthly Tape. No On or before the Insured Distribution Date, but in no event later than the second Business Day after seventh calendar day, of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”)5.4. The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer’s Certificate is complete, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, (iii) verify the mathematical accuracy of all calculations contained within the Servicer’s Certificate and (iiiv) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds (y) withdrawn from the Reserve AccountSpread Account or (z) drawn under the Note Policy, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee Controlling Party that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth second Business Day following the Insured Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Preliminary Servicer’s Certificate for the next succeeding Distribution Date, and/or the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)

Monthly Tape. No later than the second Business Day after each Distribution Date, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that such tape, diskette or other electronic transmission is in readable form, and (ii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor replacement Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2006-1)

Monthly Tape. No later than the second Business Day after each Distribution Date, the Servicer will deliver to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer) in a format acceptable to the Trust Collateral Agent Agent, the Insurer and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer’s Certificate is complete on its face, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, and (iiiii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, ; (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, ; (C) any amounts distributable on the related Distribution Date which are to be paid with funds (y) withdrawn from the Reserve Spread Account, or (z) drawn under the Note Policy; (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, ; (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and ; (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively; (G) the Monthly Extension Rate; (H) the Delinquency Ratio; (I) the Cumulative Default Ratio; and (J) the Cumulative Net Loss Ratio. The Backup Servicer shall certify to the Controlling Party and the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee Controlling Party of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Preliminary Servicer’s Certificate for the next succeeding Distribution Date, and/or the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders)Party, deliver to the Backup Servicer or any successor replacement Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2005-a-X)

Monthly Tape. No later than the second Business Day after each Distribution Date, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer’s Certificate is complete on its face, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, and (iiiii) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee of any discrepancies, in each case, on or before the fifth Business Day following the Distribution Date. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor replacement Servicer its Collection Records and its Monthly Records within 15 [15] days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing (AFS Funding Trust)

Monthly Tape. No Not later than the second Business Day after seventh calendar day of each Distribution Datemonth, the Servicer will deliver to the Trust Collateral Agent and the Backup Servicer a computer tape and a diskette (or any other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) in a format acceptable to the Trust Collateral Agent and the Backup Servicer containing the information with respect to the Receivables as of the preceding Accounting Date necessary for preparation of the Servicer’s Certificate relating to the immediately preceding Determination Date and necessary to review the application of collections as provided in Section 5.4 (the “Monthly Tape”). The Backup Servicer shall use such tape or diskette (or other electronic transmission acceptable to the Trust Collateral Agent and the Backup Servicer) to (i) confirm that the Servicer’s Certificate is complete on its face, (ii) confirm that such tape, diskette or other electronic transmission is in readable form, (iii) verify the mathematical accuracy of all calculations contained within the Servicer’s Certificate with respect to the information set forth in Section 4.9(b)(iii) and (iiiv) calculate and confirm (A) the aggregate amount distributable as principal on the related Distribution Date to each Class of Notes, (B) the aggregate amount distributable as interest on the related Distribution Date to each Class of Notes, (C) any amounts distributable on the related Distribution Date which are to be paid with funds withdrawn from the Reserve Account, (D) the outstanding principal amount of each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, (E) the Note Pool Factor for each Class of Notes after giving effect to all distributions made pursuant to clause (A), above, and (F) the aggregate Noteholders’ Principal Carryover Amount and the aggregate Noteholders’ Interest Carryover Amount on such Distribution Date after giving effect to all distributions made pursuant to clauses (A) and (B), above, respectively. The Backup Servicer shall certify to the Trustee that it has verified the Servicer’s Certificate in accordance with this Section and shall notify the Servicer and the Trustee of any discrepancies, in each case, on or before the fifth tenth Business Day following of the Distribution Datemonth in which the tape or diskette was received. In the event that the Backup Servicer reports any discrepancies, the Servicer and the Backup Servicer shall attempt to reconcile such discrepancies prior to the next succeeding Distribution Date, but in the absence of a reconciliation, the Servicer’s Certificate shall control for the purpose of calculations and distributions with respect to the next succeeding Distribution Date. In the event that the Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer’s Certificate by the next succeeding Distribution Date, the Servicer shall cause the Independent Accountants, at the Servicer’s expense, to audit the Servicer’s Certificate and, prior to the last day of the month after the month in which such Servicer’s Certificate was delivered, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer’s Certificate for such next succeeding Determination Date. In addition, upon the occurrence of a Servicer Termination Event the Servicer shall, if so requested by the Controlling Party (acting at the written direction of the Majority Noteholders), deliver to the Backup Servicer or any successor Successor Servicer its Collection Records and its Monthly Records within 15 days after demand therefor and a computer tape containing as of the close of business on the date of demand all of the data maintained by the Servicer in computer format in connection with servicing the Receivables. Other than the duties specifically set forth in this Agreement, the Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing (AmeriCredit Automobile Receivables Trust 2004-1)

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