Common use of Regulation AB Financial Disclosure Clause in Contracts

Regulation AB Financial Disclosure. Party A acknowledges that for so long as there are reporting obligations with respect to any Transaction under this Agreement under Regulation AB, DaimlerChrysler Financial Services Americas LLC, as Depositor under the Indenture (the “Depositor”) is required under Regulation AB to disclose certain information set forth in Regulation AB regarding Party A or its group of affiliated entities, if applicable, depending on the aggregate “significance percentage” of this Agreement and any other derivative contracts between Party A or its group of affiliated entities, if applicable, and Party B, as calculated from time to time in accordance with Item 1115 of Regulation AB. If the Depositor determines, reasonably and in good faith, that the “significance percentage” of this Agreement has increased to 10%, then on any Business Day after the date of such determination the Depositor may request from Party A the information set forth in Item 1115(b) of Regulation AB (such request, a “Swap Financial Disclosure Request” and such requested information, subject to the last sentence of this paragraph, the “Swap Financial Disclosure”). Party A and Party B further agree that the Swap Financial Disclosure provided to meet the Swap Financial Disclosure Request will be the information set forth in Item 1115(b)(1) or Item 1115(b)(2) of Regulation AB, as applicable, and as specified by Party B. Upon the occurrence of a Swap Financial Disclosure Request, Party A, at its own expense, shall within 15 days after receipt of such Swap Financial Disclosure Request (i) provide the Depositor with the Swap Financial Disclosure, (ii) subject to satisfaction of the Rating Agency Condition and approval by Party B (which approval will not be unreasonably withheld), secure another entity to replace Party A as party to this Agreement on terms substantially similar to this Agreement which entity is able and will provide the Swap Financial Disclosure for such entity within the time period specified above or (iii) subject to satisfaction of the Rating Agency Condition and approval by Party B (which approval will not be unreasonably withheld), obtain a guaranty of Party A’s obligations under this Agreement from an affiliate of Party A that is able to provide the Swap Financial Disclosure for such affiliate, such that disclosure provided in respect of the affiliate will satisfy any disclosure requirements applicable to Party A, and cause such affiliate to provide Swap Financial Disclosure within the time period specified above. If permitted by Regulation AB, any required Swap Financial Disclosure may be provided by incorporation by reference from reports filed pursuant to the Exchange Act.

Appears in 3 contracts

Samples: 1992 Master Agreement (DaimlerChrysler Auto Trust 2007-A), 1992 Master Agreement (Daimlerchrysler Auto Trust 2008-B), 1992 Master Agreement (Daimlerchrysler Auto Trust 2008-A)

AutoNDA by SimpleDocs

Regulation AB Financial Disclosure. Party A acknowledges that for so long as there are reporting obligations with respect to any Transaction under this Agreement under Regulation AB, DaimlerChrysler Financial Services Americas LLC, as the Depositor under the Indenture (the “Depositor”) is required under Regulation AB to disclose certain information set forth in Regulation AB regarding Party A or its group of affiliated entities, if applicable, depending on the aggregate “significance percentage” of this Agreement and any other derivative contracts between Party A or its group of affiliated entities, if applicable, and Party B, as calculated from time to time in accordance with Item 1115 of Regulation AB. If the Depositor determines, reasonably and in good faith, that the “significance percentage” of this Agreement has increased to 109%, then on any Business Day after the date of such determination the Depositor may request from Party A the same information set forth in Item 1115(b) of Regulation AB that would have been required if the significance percentage had in fact increased to 10% (such request, a “Swap Financial Disclosure Request” and such requested information, subject to the last sentence of this paragraph, the “Swap Financial Disclosure”). Party A and Party B further agree that the Swap Financial Disclosure provided to meet the Swap Financial Disclosure Request will be the information set forth in Item 1115(b)(1) or Item 1115(b)(2) of Regulation AB, as applicable, and as specified by Party B. Upon the occurrence of a Swap Financial Disclosure Request, Party A, at its own expense, shall within 15 30 days after receipt of such Swap Financial Disclosure Request (or within 10 days after Party A being informed of the significance percentage reaching 10% after such Swap Financial Disclosure Request): (i) provide the Depositor with the Swap Financial Disclosure, (ii) subject to satisfaction of the Rating Agency Condition Confirmation and approval by Party B (which approval will not be unreasonably withheld), secure another entity to replace Party A as party to this Agreement on terms substantially similar to this Agreement which entity is able and will provide the Swap Financial Disclosure for such entity within the time period specified above or (iii) subject to satisfaction of the Rating Agency Condition Confirmation and approval by Party B (which approval will not be unreasonably withheld), obtain a guaranty of Party A’s obligations under this Agreement from an affiliate of Party A that is able to provide the Swap Financial Disclosure for such affiliate, such that disclosure provided in respect of the affiliate will satisfy any disclosure requirements applicable to Party A, and cause such affiliate to provide Swap Financial Disclosure within the time period specified above. If permitted by Regulation AB, any required Swap Financial Disclosure may be provided by incorporation by reference from reports filed pursuant to the Exchange Act.

Appears in 2 contracts

Samples: Isda Master Agreement (Ford Credit Auto Owner Trust 2007-A), Isda Master Agreement (Ford Credit Auto Owner Trust 2007-B)

Regulation AB Financial Disclosure. Party A acknowledges that for so long as there are reporting obligations with respect to any this Transaction under this Agreement under Regulation AB, DaimlerChrysler Financial Services Americas LLC, as the [Depositor under the Indenture (the “Depositor”) is is]/[Depositors are] required under Regulation AB to disclose certain information set forth in Regulation AB regarding Party A or its group of affiliated entities, if applicable, depending on the aggregate “significance percentage” of this Agreement and any other derivative contracts between Party A or its group of affiliated entities, if applicable, and Party B, as calculated from time to time in accordance with Item 1115 of Regulation AB. If In the event that the [Depositor determinesdetermines]/[Depositors determine], reasonably and in good faith, that the significance percentage” percentage of this Agreement has increased to 10%at least nine (9) percent, then on any a Business Day after the date of such determination the Depositor Depositor[s] may request from Party A the same information set forth in Item 1115(b) of Regulation AB that would have been required if the significance percentage had in fact increased to ten (10) percent (such request, a an “Swap Financial Disclosure Request” and such requested information, subject to the last sentence of this paragraph, is the “Swap Financial Disclosure”). Party A and Party B further agree that the Swap Financial Disclosure provided to meet the Swap Financial Disclosure Request will be the information set forth in Item 1115(b)(1) or Item 1115(b)(2) of Regulation AB, as applicable, and as specified by Party B. . Upon the occurrence of a Swap Financial Disclosure Request, Party A, at its own expense, shall within 15 days after receipt of such Swap Financial Disclosure Request (i) provide the Depositor Depositor[s] with the Swap Financial Disclosure, (ii) subject to satisfaction of the Rating Agency Condition and approval by Party B (which approval will not be unreasonably withheld), secure another entity to replace Party A as party to this Agreement on terms substantially similar to this Agreement which entity is able and will to provide the Swap Financial Disclosure for such entity within the time period specified above or (iii) subject to satisfaction of the Rating Agency Condition and approval by Party B (which approval will not be unreasonably withheld), obtain a guaranty of Party A’s obligations under this Agreement from an affiliate of Party A that is able to provide the Swap Financial Disclosure for such affiliate, such that disclosure provided in respect of the affiliate will satisfy any disclosure requirements applicable to Party A, and cause such affiliate to provide Swap Financial Disclosure within the time period specified aboveDisclosure. If permitted by Regulation AB, any required Swap Financial Disclosure may be provided by incorporation by reference from reports filed pursuant to the Exchange Act.. * * * EXECUTED: [SWAP COUNTERPARTY] FORD CREDIT FLOORPLAN MASTER OWNER TRUST __ By: [OWNER TRUSTEE], not in its individual capacity but solely as Owner Trustee By: By: Name: Name: Title: Title: Date: Date: By: Name: Title: Date: [Signature Page for Swap Schedule] __________, 20__ To: [SWAP COUNTERPARTY] Contact: Attention: Fax: Telephone: From: FORD CREDIT FLOORPLAN MASTER OWNER TRUST __ Contact: c/o [Owner Trustee] as Owner Trustee Attention: Telephone: Facsimile:

Appears in 1 contract

Samples: Master Agreement (Ford Credit Floorplan LLC)

Regulation AB Financial Disclosure. Party A acknowledges that for so long as there are reporting obligations with respect to any Transaction under this Agreement under Regulation AB, DaimlerChrysler Financial Services Americas LLC, as the Depositor under the Indenture (the “Depositor”) is required under Regulation AB to disclose certain information set forth in Regulation AB regarding Party A or its group of affiliated entities, if applicable, depending on the aggregate “significance percentage” of this Agreement and any other derivative contracts between Party A or its group of affiliated entities, if applicable, and Party B, as calculated from time to time in accordance with Item 1115 of Regulation AB. If the Depositor determines, reasonably and in good faith, that the “significance percentage” of this Agreement has increased to 109%, then on any Business Day after the date of such determination the Depositor may request from Party A the same information set forth in Item 1115(b) of Regulation AB that would have been required if the significance percentage had in fact increased to 10% (such request, a “Swap Financial Disclosure Request” and such requested information, subject to the last sentence of this paragraph, the “Swap Financial Disclosure”). Party A and Party B further agree that the Swap Financial Disclosure provided to meet the Swap Financial Disclosure Request will be the information set forth in Item 1115(b)(1) or Item 1115(b)(2) of Regulation AB, as applicable, and as specified by Party B. . Upon the occurrence of a Swap Financial Disclosure Request, Party A, at its own expense, shall within 15 30 days after receipt of such Swap Financial Disclosure Request (or within 10 days after Party A being informed of the significance percentage reaching 10% after such Swap Financial Disclosure Request): (i) provide the Depositor with the Swap Financial Disclosure, (ii) subject to satisfaction of the Rating Agency Condition Confirmation and approval by Party B (which approval will not be unreasonably withheld), secure another entity to replace Party A as party to this Agreement on terms substantially similar to this Agreement which entity is able and will provide the Swap Financial Disclosure for such entity within the time period specified above or (iii) subject to satisfaction of the Rating Agency Condition Confirmation and approval by Party B (which approval will not be unreasonably withheld), obtain a guaranty of Party A’s obligations under this Agreement from an affiliate of Party A that is able to provide the Swap Financial Disclosure for such affiliate, such that disclosure provided in respect of the affiliate will satisfy any disclosure requirements applicable to Party A, and cause such affiliate to provide Swap Financial Disclosure within the time period specified above. If permitted by Regulation AB, any required Swap Financial Disclosure may be provided by incorporation by reference from reports filed pursuant to the Exchange Act.

Appears in 1 contract

Samples: Isda Master Agreement (Ford Credit Auto Owner Trust 2008-A)

Regulation AB Financial Disclosure. Party A acknowledges that for so long as there are reporting obligations with respect to any Transaction under this Agreement under Regulation AB, DaimlerChrysler Financial Services Americas LLC, as the Depositor under the Indenture (the “Depositor”) is required under Regulation AB to disclose certain information set forth in Regulation AB regarding Party A or its group of affiliated entities, if applicable, depending on the aggregate “significance percentage” of this Agreement and any other derivative contracts between Party A or its group of affiliated entities, if applicable, and Party B, as calculated from time to time in accordance with Item 1115 of Regulation AB. If the Depositor determines, reasonably and in good faith, that the “significance percentage” of this Agreement has increased to 109%, then on any Business Day after the date of such determination the Depositor may request from Party A the same information set forth in Item 1115(b) of Regulation AB that would have been required if the significance percentage had in fact increased to 10% (such request, a “Swap Financial Disclosure Request” and such requested information, subject to the last sentence of this paragraph, the “Swap Financial Disclosure”). Party A and Party B further agree that the Swap Financial Disclosure provided to meet the Swap Financial Disclosure Request will be the information set forth in Item 1115(b)(1) or Item 1115(b)(2) of Regulation AB, as applicable, and as specified by Party B. Upon the occurrence of a Swap Financial Disclosure Request, Party A, at its own expense, shall within 15 30 days after receipt of such Swap Financial Disclosure Request (or within 10 days after Party A being informed of the significance percentage reaching 10% after such Swap Financial Disclosure Request): (i) provide the Depositor with the Swap Financial Disclosure, (ii) subject to satisfaction of the Rating Agency Condition Confirmation and approval by Party B (which approval will not be unreasonably withheld), secure another entity to replace Party A as party to this Agreement on terms substantially similar to this Agreement which entity is able and will provide the Swap Financial Disclosure for such entity within the time period specified above or (iii) subject to satisfaction of the Rating Agency Condition Confirmation and approval by Party B (which approval will not be unreasonably withheld), obtain a guaranty of Party A’s obligations under this Agreement from an affiliate of Party A that is able to provide the Swap Financial Disclosure for such affiliate, such that disclosure provided in respect of the affiliate will satisfy any disclosure requirements applicable to Party A, and cause such affiliate to provide Swap Financial Disclosure within the time period specified above. If permitted by Regulation AB, any required Swap Financial Disclosure may be provided by incorporation by reference from reports filed pursuant to the Exchange Act.. EXECUTED BY: FORD CREDIT AUTO OWNER TRUST 2006-C BARCLAYS BANK PLC By: U.S. BANK TRUST NATIONAL ASSOCIATION, not in its individual capacity By: /s/ X.X. Xxxxx but solely as Owner Trustee Name: Xxxxxxx X. Xxxxx Title: Director By /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Date: November 21, 2006 Title: Vice President Date: November 17, 2006

Appears in 1 contract

Samples: Isda Master Agreement (Ford Credit Auto Owner Trust 2006-C)

AutoNDA by SimpleDocs

Regulation AB Financial Disclosure. Party A acknowledges that for so long as there are reporting obligations with respect to any Transaction under this Agreement under Regulation AB, DaimlerChrysler Financial Services Americas LLC, as the Depositor under the Indenture (the “Depositor”) is required under Regulation AB to disclose certain information set forth in Regulation AB regarding Party A or its group of affiliated entities, if applicable, depending on the aggregate “significance percentage” of this Agreement and any other derivative contracts between Party A or its group of affiliated entities, if applicable, and Party B, as calculated from time to time in accordance with Item 1115 of Regulation AB. If the Depositor determines, reasonably and in good faith, that the significance percentage” percentage of this Agreement has increased to 109%, then on any Business Day after the date of such determination the Depositor may request from Party A the same information set forth in Item 1115(b) of Regulation AB that would have been required if the significance percentage had in fact increased to 10% (such request, a “Swap Financial Disclosure Request” and such requested information, subject to the last sentence of this paragraph, the “Swap Financial Disclosure”). Party A and Party B further agree that the Swap Financial Disclosure provided to meet the Swap Financial Disclosure Request will be the information set forth in Item 1115(b)(1) or Item 1115(b)(2) of Regulation AB, as applicable, and as specified by Party B. . Upon the occurrence of a Swap Financial Disclosure Request, Party A, at its own expense, shall within 15 30 days after receipt of such Swap Financial Disclosure Request (or within 10 days after Party A being informed of the significance percentage reaching 10% after such Swap Financial Disclosure Request): (i) provide the Depositor with the Swap Financial Disclosure, (ii) subject to satisfaction of the Rating Agency Condition Confirmation and approval by Party B (which approval will not be unreasonably withheld), secure another entity to replace Party A as party to this Agreement on terms substantially similar to this Agreement which entity is able and will provide the Swap Financial Disclosure for such entity within the time period specified above or (iii) subject to satisfaction of the Rating Agency Condition Confirmation and approval by Party B (which approval will not be unreasonably withheld), obtain a guaranty of Party A’s obligations under this Agreement from an affiliate of Party A that is able to provide the Swap Financial Disclosure for such affiliate, such that disclosure provided in respect of the affiliate will satisfy any disclosure requirements applicable to Party A, and cause such affiliate to provide Swap Financial Disclosure within the time period specified above. If permitted by Regulation AB, any required Swap Financial Disclosure may be provided by incorporation by reference from reports filed pursuant to the Exchange Act.

Appears in 1 contract

Samples: Isda Master Agreement (Ford Credit Auto Owner Trust 2006-A)

Regulation AB Financial Disclosure. Party A acknowledges that for so long as there are reporting obligations with respect to any Transaction under this Agreement under Regulation AB, DaimlerChrysler Financial Services Americas LLC, as the Depositor under the Indenture (the “Depositor”) is required under Regulation AB to disclose certain information set forth in Regulation AB regarding Party A or its group of affiliated entities, if applicable, depending on the aggregate “significance percentage” of this Agreement and any other derivative contracts between Party A or its group of affiliated entities, if applicable, and Party B, as calculated from time to time in accordance with Item 1115 of Regulation AB. If the Depositor determines, reasonably and in good faith, that the significance percentage” percentage of this Agreement has increased to 109%, then on any Business Day after the date of such determination the Depositor may request from Party A the same information set forth in Item 1115(b) of Regulation AB that would have been required if the significance percentage had in fact increased to 10% (such request, a “Swap Financial Disclosure Request” and such requested information, subject to the last sentence of this paragraph, the “Swap Financial Disclosure”). Party A and Party B further agree that the Swap Financial Disclosure provided to meet the Swap Financial Disclosure Request will be the information set forth in Item 1115(b)(1) or Item 1115(b)(2) of Regulation AB, as applicable, and as specified by Party B. . Upon the occurrence of a Swap Financial Disclosure Request, Party A, at its own expense, shall within 15 30 days after receipt of such Swap Financial Disclosure Request (or within 10 days after Party A being informed of the significance percentage reaching 10% after such Swap Financial Disclosure Request): (i) provide the Depositor with the Swap Financial Disclosure, (ii) subject to satisfaction of the Rating Agency Condition Confirmation and approval by Party B (which approval will not be unreasonably withheld), secure another entity to replace Party A as party to this Agreement on terms substantially similar to this Agreement which entity is able and will provide the Swap Financial Disclosure for such entity within the time period specified above or (iii) subject to satisfaction of the Rating Agency Condition Confirmation and approval by Party B (which approval will not be unreasonably withheld), obtain a guaranty of Party A’s obligations under this Agreement from an affiliate of Party A that is able to provide the Swap Financial Disclosure for such affiliate, such that disclosure provided in respect of the affiliate will satisfy any disclosure requirements applicable to Party A, and cause such affiliate to provide Swap Financial Disclosure within the time period specified above. If permitted by Regulation AB, any required Swap Financial Disclosure may be provided by incorporation by reference from reports filed pursuant to the Exchange Act.. For purposes of clause (ii) above, Party B agrees that National Westminster Bank plc (“Nat West”) is an acceptable replacement party for Party A, subject to Rating Agency Confirmation and Nat West being able to provide the Swap Financial Disclosure within the time period specified above. 29

Appears in 1 contract

Samples: www.sec.gov

Regulation AB Financial Disclosure. Party A acknowledges that for so long as there are reporting obligations with respect to any Transaction under this Agreement under Regulation AB, DaimlerChrysler Financial Services Americas LLC, as the Depositor under the Indenture (the “Depositor”) is required under Regulation AB to disclose certain information set forth in Regulation AB regarding Party A or its group of affiliated entities, if applicable, depending on the aggregate “significance percentage” of this Agreement and any other derivative contracts between Party A or its group of affiliated entities, if applicable, and Party B, as calculated from time to time in accordance with Item 1115 of Regulation AB. If the Depositor determines, reasonably and in good faith, that the significance percentage” percentage of this Agreement has increased to 109%, then on any Business Day after the date of such determination the Depositor may request from Party A the same information set forth in Item 1115(b) of Regulation AB that would have been required if the significance percentage had in fact increased to 10% (such request, a “Swap Financial Disclosure Request” and such requested information, subject to the last sentence of this paragraph, the “Swap Financial Disclosure”). Party A and Party B further agree that the Swap Financial Disclosure provided to meet the Swap Financial Disclosure Request will be the information set forth in Item 1115(b)(1) or Item 1115(b)(2) of Regulation AB, as applicable, and as specified by Party B. . Upon the occurrence of a Swap Financial Disclosure Request, Party A, at its own expense, shall within 15 30 days after receipt of such Swap Financial Disclosure Request (or within 10 days after Party A being informed of the significance percentage reaching 10% after such Swap Financial Disclosure Request): (i) provide the Depositor with the Swap Financial Disclosure, (ii) subject to satisfaction of the Rating Agency Condition Confirmation and approval by Party B (which approval will not be unreasonably withheld), secure another entity to replace Party A as party to this Agreement on terms substantially similar to this Agreement which entity is able and will provide the Swap Financial Disclosure for such entity within the time period specified above or (iii) subject to satisfaction of the Rating Agency Condition Confirmation and approval by Party B (which approval will not be unreasonably withheld), obtain a guaranty of Party A’s obligations under this Agreement from an affiliate of Party A that is able to provide the Swap Financial Disclosure for such affiliate, such that disclosure provided in respect of the affiliate will satisfy any disclosure requirements applicable to Party A, and cause such affiliate to provide Swap Financial Disclosure within the time period specified above. If permitted by Regulation AB, any required Swap Financial Disclosure may be provided by incorporation by reference from reports filed pursuant to the Exchange Act. For purposes of clause (ii) above, Party B agrees that National Westminster Bank plc (“Nat West”) is an acceptable replacement party for Party A, subject to Rating Agency Confirmation and Nat West being able to provide the Swap Financial Disclosure within the time period specified above.

Appears in 1 contract

Samples: Isda Master Agreement (Ford Credit Auto Owner Trust 2006-B)

Time is Money Join Law Insider Premium to draft better contracts faster.