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<br /> <br />TM-1429 Controlled Disbursement Service Description Page 2 of 5 <br />Revised 04-30-2014 <br />Funding or Disbursement Account is Bank’s Choice III account, “Account Agreement” will mean <br />Wells Fargo Bank, N. A.’s Business Account Agreement. The term “Bank” as used in the <br />Account Agreement will mean the bank at which such Disbursement Account or Funding <br />Account is maintained. <br /> <br />3. Determination of Total Net Presentment. Each Business Day as defined in the applicable <br />Account Agreement, by the reporting times Bank separately discloses to Company from time to <br />time, Bank will make the Total Net Presentment for each Disbursement Account available to <br />Company by means of the Information Reporting Service. The Total Net Presentment consists <br />of the total dollar amount of: <br /> <br />(a) Debits that have posted in the first and, if applicable, second presentment on that <br />Business Day; and <br /> <br />(b) Adjustments to the Disbursement Account reported on Bank’s CD Summary report, <br />including without limitation Debits posted after the last presentment on the prior <br />Business Day (these Debits are referred to collectively as the “Prior Day Funding <br />Adjustments”). <br /> <br />If the Total Net Presentment is not made available through the Information Reporting Service by <br />the applicable reporting time, Bank will have no liability, and Company will estimate the Total <br />Net Presentment. <br /> <br />4. Company’s Obligation to Deposit Funds in Funding Account. Each Business Day, by the <br />applicable cutoff time Bank separately discloses to Company from time to time, Company will <br />deposit good and collected funds in Funding Account so that the balance in Funding Account, <br />determined in accordance with the applicable Account Agreement, is sufficient to cover either <br />the Total Net Presentment or Company’s estimate of the Total Net Presentment. <br /> <br /> If Company fails to transfer funds in accordance with its obligation under the preceding <br />sentence or if such transfer was based on Company’s estimate of the Total Net Presentment <br />and such estimated amount was less than the actual Total Net Presentment, Bank may, at its <br />sole option, <br /> <br />(a) advance to Funding Account(s) sufficient funds to pay the Debits presented for payment <br />on the Disbursement Account and transfer such funds to the Disbursement Account; or <br /> <br />(b) return, or cause Disbursing Bank to return, any Debits, in any order, unpaid (even <br />though Bank or the Disbursing Bank may have previously established a pattern of <br />paying such Debits). If Bank returns or causes Disbursing Bank to return the Debits, <br />Bank is authorized to instruct the Disbursing Bank to return to Bank any funds Bank <br />transferred to Disbursing Bank pursuant to Section 5. <br /> <br />5. Transfer of Funds to Disbursement Account. Each Business Day, Bank will (a) transfer <br />from the Funding Account to the Disbursement Account the amount necessary to cover the <br />Total Net Presentment as shown on the CD Summary Report for that Business Day and (b) <br />advance funds to the Disbursement Account in the amount sufficient to cover Debits that posted <br />to Disbursement Account after the last presentment on that Business Day (and this amount <br />advanced by Bank will be reported on the CD Summary Report for the next Business Day) <br /> <br />6. Disbursing Bank’s Obligation to Pay Debits. No Disbursing Bank will have any obligation <br />whatsoever to pay any Debit if sufficient good and collected funds to cover the Debit are not in <br />6.1.D. - Page 94