Common use of Shared Excess Finance Charge Collections Clause in Contracts

Shared Excess Finance Charge Collections. On each Distribution Date, (i) the Servicer shall allocate Shared Excess Finance Charge Collections with respect to the Certificate Series in a Group to each Certificate Series in such Group, pro rata, in proportion to the Finance Charge Shortfalls, if any, with respect to each such Certificate Series and (ii) the Servicer shall withdraw (or shall instruct the Trustee to withdraw) from the Collection Account and pay to the Holder of the Exchangeable Seller Certificate an amount equal to the excess, if any, of (x) the aggregate amount for all outstanding Certificate Series in a Group of the amounts that the related Supplements specify are to be treated as "Shared Excess Finance Charge Collections" for such Distribution Date over (y) the aggregate amount for all outstanding Certificate Series in such Group that the related Supplements specify are "Finance Charge Shortfalls" for such Distribution Date; provided, however, that the sharing of Shared Excess Finance Charge Collections among Certificate Series in a Group will continue only until such time, if any, at which the Seller shall deliver to the Trustee an Officer's Certificate to the effect that, in the reasonable belief of the Seller or its counsel, the continued sharing of Shared Excess Finance Charge Collections among Certificate Series in any Group would have adverse regulatory implications with respect to the Originator. Following the delivery by the Seller of such an Officer's Certificate to the Trustee there will not be any further sharing of such Shared Excess Finance Charge Collections among Certificate Series in any Group.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Charming Shoppes Master Trust), Pooling and Servicing Agreement (Charming Shoppes Receivables Corp)

AutoNDA by SimpleDocs

Shared Excess Finance Charge Collections. On From and after the Certificate Trust Termination Date, on each Distribution Date, (i) for each Group, the Servicer shall allocate the aggregate amount of Shared Excess Finance Charge Collections with respect to the Certificate for all outstanding Series in a such Group to each Certificate Series in such Group, pro rata, in proportion to the Finance Charge Shortfalls, if any, with respect to each such Certificate Series and (ii) the Servicer shall on the related Distribution Date withdraw (or shall instruct the Indenture Trustee to withdraw) from the Collection Account and pay to the Holder of the Exchangeable Seller Certificate Transferor Interest an amount equal to the excess, if any, of (x) the aggregate amount of Shared Excess Finance Charge Collections for all outstanding Certificate Series in a Group of the amounts that the related Supplements specify are to be treated as "Shared Excess Finance Charge Collections" for such Distribution Date over (y) the aggregate amount for all outstanding Certificate Series in such Group that the related Indenture Supplements specify are "Finance Charge Shortfalls" for such Distribution Date; provided, however, that the sharing of Shared Excess Finance Charge Collections among Certificate Series in a Group will continue only until such time, if any, at which as the Seller Transferor shall deliver to the Indenture Trustee an Officer's ’s Certificate to the effect that, in the reasonable belief of the Seller Transferor or its counsel, the continued sharing of Shared Excess Finance Charge Collections among Certificate Series in any Group would have adverse regulatory implications with respect to the Originator. Following the delivery by the Seller Transferor of such an Officer's ’s Certificate to the Indenture Trustee there will not be any further sharing of such Shared Excess Finance Charge Collections among Certificate Series in any Group.

Appears in 1 contract

Samples: Master Indenture (Alliance Data Systems Corp)

AutoNDA by SimpleDocs

Shared Excess Finance Charge Collections. On each Distribution Date, (i) the Servicer shall allocate Shared Excess Finance Charge Collections with respect to the Certificate Series in a Group to each Certificate Series in such Group, pro rata, in proportion to the Finance Charge Shortfalls, if any, with respect to each such Certificate Series and (ii) the Servicer shall withdraw (or shall instruct the Trustee to withdraw) from the Collection Account and pay to the Holder of the Exchangeable Seller Certificate an amount equal to the excess, if any, of (x) the aggregate amount for all outstanding Certificate Series in a Group of the amounts that the related Supplements specify are to be treated as "Shared Excess Finance Charge Collections" for such Distribution Date over (y) the aggregate amount for all outstanding Certificate Series in such Group that the related Supplements specify are "Finance Charge Shortfalls" for such Distribution Date; provided, however, that such payment shall be subject to subsection 4.3(h); and provided further that the sharing of Shared Excess Finance Charge Collections among Certificate Series in a Group will continue only until such time, if any, at which the Seller shall deliver to the Trustee an Officer's ’s Certificate to the effect that, in the reasonable belief of the Seller or its counsel, the continued sharing of Shared Excess Finance Charge Collections among Certificate Series in any Group would have adverse regulatory implications with respect to the Originator. Following the delivery by the Seller of such an Officer's ’s Certificate to the Trustee there will not be any further sharing of such Shared Excess Finance Charge Collections among Certificate Series in any Group.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Alliance Data Systems Corp)

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