-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, RVuSTc+5p9bI8f6nnG9U0uqfahuZizWz9MrJQk2irWbrySnxQr4ilEn1JCvjUITy 6XlMdpizZhDtzS3++vOevw== 0000912541-97-000011.txt : 19970401 0000912541-97-000011.hdr.sgml : 19970401 ACCESSION NUMBER: 0000912541-97-000011 CONFORMED SUBMISSION TYPE: 10-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19961231 FILED AS OF DATE: 19970331 SROS: NONE FILER: COMPANY DATA: COMPANY CONFORMED NAME: BOMBARDIER CREDIT RECEIVABLES CORP CENTRAL INDEX KEY: 0000912541 STANDARD INDUSTRIAL CLASSIFICATION: ASSET-BACKED SECURITIES [6189] IRS NUMBER: 030340600 STATE OF INCORPORATION: DE FISCAL YEAR END: 0131 FILING VALUES: FORM TYPE: 10-K SEC ACT: 1934 Act SEC FILE NUMBER: 033-69282 FILM NUMBER: 97571367 BUSINESS ADDRESS: STREET 1: P O BOX 5544 STREET 2: SEVEN BURLINGTON SQUARE CITY: BURLINGTON STATE: VT ZIP: 05402 BUSINESS PHONE: 8026552824 MAIL ADDRESS: STREET 1: P O BOX 5544 STREET 2: SEVEN BURLINGTON SQUARE CITY: BURLINGTON STATE: VT ZIP: 05402 FORMER COMPANY: FORMER CONFORMED NAME: MERRILL LYNCH ASSET BACKED SECURITIES INC DATE OF NAME CHANGE: 19930924 10-K 1 VIA EDGAR TRANSMISSION "March 27, 1997" SECURITIES AND EXCHANGE COMMISSION "WASHINGTON, D.C. 20549" FORM 10-K Annual Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 "For the Fiscal Year Ended December 31, 1996" Commission Fine Number 33-69282 BOMBARDIER CREDIT RECEIVABLES CORPORATION (Depositor) (Exact name of registrant as specified in its charter) on behalf of BOMBARDIER RECEIVABLES MASTER TRUST I "(Issuer with respect to the Floating Rate Class A Asset Backed Certificates," "Series 1994-1 and the Fixed Rate Class B Asset Backed Certificates, Series 1994-1)" Delaware 03-0340600 (State or other jurisdiction (IRS Employer of Incorporation) Identification No.) "1600 Mountain View Drive, Colchester, Vermont" 05446 (Address of principal executive offices) (ZIP code) "Registrant's telephone number, including area code:" (802) 655-2824 Securities registered pursuant to Section 12(b) of the Act: Title of each class None Name of each exchange on which registered Not Applicable Securities registered pursuant to Section 12(g) of the Act: None Registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months and (2) has been subject to such filing requirements for the past 90 days. Yes: X No: Page 1 of 11 Exhibit Index Appears on Page 6 Part I. Item 2. Properties For information regarding the property of the Trust and regarding the Floating Rate "Class A Asset Backed Certificates, Series 1994-1 (the ""Class A Certificates"") and the" "Fixed Rate Class B Asset Backed Certificates, Series 1994-1 (the ""Class B Certificates"")," see the 1996 AGGREGATE DISTRIBUTION DATE STATEMENT filed as Exhibit 99.1 to this Annual Report on Form 10-K. Item 3. Legal Proceedings Nothing To Report. Item 4. Submission of Matters to a Vote of Security Holders Nothing To Report. Part II. Item 5. Market for Registrants Common Equity and Related Stockholder Matters The Class A Certificates and Class B Certificates are held and delivered in book-entry "form through the facilities of the Depository Trust Company (""DTC""), a ""clearing agency""" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of "1934, as amended. All outstanding definitive Class A Certificates and Class B Certificates" "are held by CEDE and Co., the nominee of DTC. There is no established trading market" for the Class A Certificates or the Class B Certificates. Item 8. Financial Statements and Supplementary Data Reference is made to the exhibits filed as Exhibit 99.2 and Exhibit 99.3 to this Annual Report on Form 10-K. Item. 9. Changes in and Disagreements with Accountants on Accounting and Financial Disclosure Nothing to Report Part III. Item 12. Security Ownership of certain Beneficial Owners and Management Title of Name and Address Amount and Nature Percent of Class of Beneficial Owner of Beneficial Ownership Class Common Bombardier "1,000 Shares" 100% Stock Capital Inc. As of March 25, 1997 Bombardier Capital Inc. holds sole voting power and sole investment power in respect of the number of shares of Common Stock indicated opposite its name in the above table. Item 13. Certain Relationships and Related Transactions Nothing to Report Part IV. Item 14. " Exhibits, Financial Statements Schedules, and Reports on Form 8-K" (a) Exhibits: 99.1 1996 AGGREGATE DISTRIBUTION DATE STATEMENT 99.2 1996 ANNUAL SERVICERS CERTIFICATE 99.3 1996 ANNUAL REPORT OF INDEPENDENT ACCOUNTANTS ON COMPLIANCE (b) Reports on Form 8-K: Currents reports on Form 8-K are filed with-in fifteen (15) days after each monthly distribution with respect to the Class A Certificates and the Class B Certificates. "The reports include, as an exhibit, the monthly Distribution Date Statement with" respect to the Class A Certificates and the Class B Certificates. Current Reports on Form 8-K were filed on: "January 25, 1996" "February 27, 1996" "March 26, 1996" "April 25, 1996" "May 21, 1996" "June 26, 1996" "July 29, 1996" "September 12, 1996" "September 23, 1996" "October 17, 1996" "November 18, 1996" "December 24, 1996" Signatures Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act "of 1934, the Registrant has duly caused this report to be signed on its behalf by the" "undersigned, thereunto duly authorized." BOMBARDIER CREDIT RECEIVABLES CORPORATION By: Blaine H. Filthaut Vice President " Date : March 26, 1997 " "Pursuant to the requirements of the Securities Exchange Act of 1934, " this report has been signed by the following persons on behalf of the registrant and in the capacities and on the dates indicated. Signature Title Date President and Director "March 26, 1997" Pierre-Andre Roy (Principal Executive Officer) "Vice President, Treasurer and " "March 26, 1997" Blaine H. Filthaut Director (Principal Financial and Accounting Officer) Vice President and Secretary "March 26, 1997" R. William Crowe "Vice President, Assistant" "March 26, 1997" Jean Rivard Secretary and Director Director "March 26, 1997" Donald L. Rushford Director "March 26, 1997" Margaret L. Montgomery Exhibit Index Page number in sequential Exhibit No. number System 99.1 1996 AGGREGATE DISTRIBUTION DATE STATEMENT 6 99.2 1996 ANNUAL SERVICERS CERTIFICATE 9 99.3 1996 ANNUAL REPORT OF INDEPENDENT 10 ACCOUNTANTS ON COMPLIANCE Bombardier Credit Receivables Corporation Bombardier Capital Inc. as Servicer AGGREGATE DISTRIBUTION DATE STATEMENT PUBLIC CERTIFICATE HOLDERS Distribution Date for calendar year: 1996 1. Amount of principal paid or distributed: (a) Class A Certificates: "188,250,000.00" Cusip number 09775PAA6 $500.00 "per $1,000 original" principal amount of Class A Certificates (b) Class B Certificates: $0.00 Cusip number 09775PAB4 $0.00 "per $1,000 original" principal amount of Class B Certificates "2, Floating Allocation Percentage for such Collection Period:" N/A "3, Principal Allocation Percentage for such Collection Period:" N/A 4. Amount of interest paid or distributed: (a) Class A Certificates: "21,031,316.15" Cusip number 09775PAA6 $55.86 "per $1,000 original" principal amount of Class A Certificates (b) Class B Certificates: "$1,221,999.96 " Cusip number 09775PAB4 $52.00 "per $1,000 original" principal amount of Class B Certificates 5. Investor Default Amount: "2,105,477.87" "6. Required Subordination Draw Amount, if any," for calendar year 1996 $0.00 7. Amount of: (a) Investor Charge-Offs for calendar year 1996: $0.00 (b) Reimbursements of Investor Charge-Offs for calendar year 1996: $0.00 8. Amount of Class A Carryover Amount being paid or distributed (if any) and amount remaining (if any): (a) Distributed: $0.00 $0.00 "per $1,000 original" principal amount of Class A Certificates (b) Balance: $0.00 $0.00 "per $1,000 original" principal amount of Class A Certificates 9. Pool Balance at end of calendar year 1996: "$776,287,660.20 " 10. After giving affect to distribution on this Distribution Date: (a) Outstanding principal amount of Class A Certificates: "$188,250,000.00 " (b) Outstanding principal amount of Class B Certificates: "$23,500,000.00 " (c) Certificate Balance: "$211,750,000.00 " (d) Pool Factor for Class A Certificates: 0.50000000000 (e) Pool Factor for Class B Certificates: 1.00000000000 11. Applicable Interest Rate: (a) In general: (1) LIBOR for the period from the previous Distribution Date to this Distribution Date was N/A and (2) the Net Receivables Rate was N/A (b) Class A Rate: LIBOR plus 0.20% (c) Class B Rate: 5.20% 12. (a) Amount of Monthly Servicing Fee for calendar year 1996 "7,686,250.00" $19.22 "per $1,000 original" principal amount of Certificates (b) Excess Servicing distributed to Holders of the Certificates and remaining balance (if any): (1) Distributed: $0.00 $0.00 "per $1,000 original" principal amount of Certificates (2) Balance: "20,569,063.86" $51.42 "per $1,000 original" principal amount of Certificates 13. Invested Amount on the following Distribution Date (after giving effect to all distributions which will occur on such Distribution Date): N/A 14. The Available Subordinated Amount on the immediately preceding Determination Date (excluding the incremental subordinated amount) N/A 15. The Incremental Subordinated Amount on the immediately preceding Determination Date N/A 16. The Reserve Fund Balance for this Distribution Date: N/A 17. The Excess Funding Account Closing Balance for this Distribution Date: N/A 18. Amount in the Excess Funding Account at the end of the Revolving Period to be distributed as a payment of principal in respect to: (a) Class A Certificates: N/A (b) Class B Certificates: N/A (only if Class A Certificates have been paid) 19. The minimum Collection Account opening balance with respect to this Distribution Date: N/A (a) Interest Payment to Class A Certificate Holders N/A (b) Interest Payment to Class B Certificate Holders N/A (c) Monthly Servicing Fee Payment N/A (d) Excess Funding Account Deposit N/A (e) Investment Proceeds payable to the Servicer N/A The minimum Collection Account ending balance with respect to this Distribution Date: N/A 20. The Excess Funding Account Balance at the end of the Related Collection Period: N/A Required deposit on the Distribution Date N/A Withdrawal on the Distribution Date N/A Ending Balance as of Distribution Date N/A 21. Three-Month Payment Rate for the three (3) consecutive Collection Periods included in the period from N/A through N/A (a) A Three-Month Payment Rate Trigger has occurred: No 22. An Early Amortization Event has occurred: No 23. The ratio (expressed as a percentage) of (x) the average for each month on the net losses on the Receivables in the Pool during any 3 consecutive calendar months to (y) the average of the month-end Pool Balances for such three-month period is: N/A Authorized by: J. Dolan Title: Assistant Treasurer Bombardier Credit Receivables Corporation Bombardier Capital Inc. as Servicer AGGREGATE DISTRIBUTION DATE STATEMENT VARIABLE FUNDING CERTIFICATE HOLDERS Distribution Date for calendar year: 1996 For the Collection Period: N/A Aggregate Interest Collections "85,825,001.77" Aggregate Principal Collections "1,846,475,812.75" Variable Funding Percentage N/A Distributions on the Variable Funding Certificate Principal Collection Distributions "260,762,241.46" Non-Principal Collection Distributions "11,093,297.52" Variable Funding Amount N/A Variable Funding Default Amount "440,876.50" Monthly Servicing Fee Due "2,058,715.85" "Note: As per Article IV, Section 4.01, of the Series 1994-1 Supplement to the" "Pooling and Servicing Agreement, deposits into the Collection Account are" net of the sum of (i) the Variable Funding Percentage of such Collections and "(ii) the Excess Retained Percentage of such Collections, resulting in no payment " by the Trustee. Authorized by: J. Dolan Title: Assistant Treasurer To be prepared by the Servicer at least 2 Business Days prior to each Determination Date and forwarded by the Trustee to each Certificateholder or record on each Distribution Date pursuant to Section 5.02(a) of this Series Supplement. Consisting of an eleven-digit decimal expressing the Invested Amount allocable to the Class A Certificates as of such Determination Date (determined after taking into account any reduction in the Invested Amount allocable to the Class A Certificates which will occur on such Distribution Date) as a proportion of the Adjusted Invested Amount allocable to the Class A Certificates Consisting of an eleven-digit decimal expressing the Invested Amount allocable to the Class B Certificates as of such Determination Date (determined after taking into account any reduction in the Invested Amount allocable to the Class B Certificates which will occur on such Distribution Date) as a proportion of the Adjusted Invested Amount allocable to the Class B Certificates To be included for each Distribution Date during the Revolving Period. To be included for the Distribution Date on or immediately following the end of the Revolving Period A Three-Month Payment Rate Trigger will occur if: (1) with respect to any three (3) consecutive Collection Periods (except as specified " in clause (ii) below), an average Monthly Payment Rate equal to or greater than" 14.0% and less than 15.0% (2) with respect to the three (3) consecutive Collection Periods included in the period " from January through March of any calendar year, as average Monthly Payment Rate" equal to or greater than 12.0% and less than 13.0% "I.e., gross losses less Recoveries on any Receivables (including, without limitation, recoveries " "from Collateral Security in addition to the products financed by the Receivable, recoveries" "from manufacturers, distributors or importers and Insurance Proceeds." An Early Amortization Event will occur if this ratio exceeds 5% on an annualized basis unless the ratio requirement is amended or waived with the consent of each of the Rating Agencies. ANNUAL SERVICER'S CERTIFICATE Bombardier Receivables Master Trust I "The undersigned, duly authorized representatives of Bombardier Capital Inc. (""BCI""), as Servicer," "pursuant to the Pooling and Servicing Agreement dated as of January 1, 1994 (as amended and" "supplemented, the ""Agreement""), by and among Bombardier Credit Receivables Corporation" "(""BCRC""), as Depositor, BCI, as Servicer, and Bankers Trust Company, as trustee, do hereby" "certify, on behalf of BCI, that:" 1 "BCI is, as of the date hereof, the Servicer under the Agreement." 2 The undersigned are Servicing Officers and are duly authorized pursuant to the Agreement to execute and deliver this Certificate to the Trustee and any Enhancement Providers 3 "A review of the activities of the Servicer during the calendar year ended December 31, " "1996, and of its performance under the Agreement, was conducted under our supervision" 4 "Based on such review, the Servicer has, to the best of our knowledge, performed " in all material respects all of its obligations under the Agreement throughout such year and no default in the performance of such obligations has occurred or is continuing except as set forth in paragraph 5 below. 5 The following is a description of each default in the performance of the Servicer's Obligations under the provisions of the Agreement known to us to have been made by the Servicer "during the year ended December 31, 1996, which sets forth in detail the (a) nature of each" "such default, (b) the action taken by the Servicer, if any, to remedy each such default, and" c) the current status of each such default: NONE Capitalized terms used but not defined herein are used as defined in the Agreement. "IN WITNESS WHEREOF, " each of the undersigned has duly executed this Certificate this 27th day of March 1997. BOMBARDIER CAPITAL INC. BOMBARDIER CAPITAL INC. ________________________ Name: Blaine H. Filthaut Name: R. William Crowe Title: VP Finance & Treasurer Title: VP & General Counsel ERNST & YOUNG LLP 200 Clarendon Street Phone: 617 266 2000 Boston Fax: 617 266 5843 Massachusetts 02116-5072 Independent Auditor's Report on Compliance Board of Directors "Bombardier Capital Inc.," as Servicer 1600 Mountainview Drive "Colchester, Vermont 05446" and "Bankers Trust Company," as Trustee Four Albany Street "New York, New York 10006" "Attention: Corporate Trust & Agency Group," Structured Finance Team Bombardier Receivables Master Trust 1 We have examined matters relating to compliance by Bombardier Capital Inc. with the "covenants and conditions of Section 3.01(d), Section 3.02, Section 3.04, Section 3.05," "Section 3.09, Section 4.02, Section 4.03, Section 4.04, Section 10.01(a), Section" 10.01(b) and Section 10.01(e) of the Pooling and Servicing Agreement dated as of "January 1, 1994 (as amended, modified, supplemented or interpreted from time to" "time, the ""Agreement"") among Bombardier Credit Receivables Corporation, as the " "Depositor, Bombardier Capital Inc., as the Servicer, and Bankers Trust Company, as" "the Trustee, as of January 31, 1997 and for the period from February 1, 1996 through" "January 31, 1997. Our examination was made in accordance with standards " "established by the American Institute of Certified Public Accountants and, accordingly," included such procedures as we considered necessary in the circumstances. "In our opinion, Bombardier Capital Inc., was in compliance with the covenants and" "conditions of the Sections of the Agreement (as amended, modified, supplemented" "or interpreted from time to time) referred to above at January 31, 1997 and for the" "period from February 1, 1996 through January 31, 1997." The report is intended solely for your information and is not to be referred to or distributed for any purpose to anyone who is not authorized to receive such information as specified in the Agreement or in the Exhibits attached thereto or in any Supplement thereto. Ernst & Young LLP "February 28, 1997" -----END PRIVACY-ENHANCED MESSAGE-----