Common use of Advances by the Servicer Clause in Contracts

Advances by the Servicer. (a) Not later than the close of business on each Determination Date, the Servicer shall remit to the Trustee for deposit in the Collection Account an amount (as indicated in the Trustee’s Remittance report prepared pursuant to Section 5.05), to be distributed on the related Distribution Date pursuant to Section 5.01, equal to the sum of (a) 30 days of interest accrued on the Principal Balance of each Mortgage Loan as to which no payment was received as of the close of business on the last day of the related Due Period (net of the Servicing Fee), and (b) with respect to each REO Property that was acquired during or prior to the related Due Period, and as to which an REO Property disposition did not occur during the related Due Period, an amount equal to the excess, if any, of interest on the Principal Balance of such REO Property at the Net Loan Rate for the most recently ended Due Period prior to the related Determination Date for the related Mortgage Loan over the net income from the REO Property transferred to the Collection Account for such Distribution Date pursuant to Section 3.07; such sum being defined herein as the “Monthly Advance.” (b) Notwithstanding anything herein to the contrary, no Servicing Advance or Monthly Advance shall be required to be made hereunder if the Servicer determines that such Servicing Advance or Monthly Advance would, if made, constitute a Nonrecoverable Advance.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Lehman Abs Corp), Pooling and Servicing Agreement (Structured Asset Securities Corp)

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Advances by the Servicer. (a) Not later than the close of business on each Determination Date, the Servicer shall remit to the Trustee for deposit in into the Collection Account an amount (as indicated in the Trustee’s Remittance report prepared pursuant to Section 5.05), to be distributed on the related Distribution Date pursuant to Section 5.01, equal to the sum of (a) 30 days of interest accrued on the Principal Balance of each Mortgage Loan as to which no payment was received as of the close of business on the last day of the related Due Period (net of the Servicing Fee), and (b) with respect to each REO Property that was acquired during or prior to the related Due Period, and as to which an REO Property disposition did not occur during the related Due Period, an amount equal to the excess, if any, of interest on the Principal Balance of such REO Property at the Net Loan Rate for the most recently ended Due Period prior to the related Determination Date for the related Mortgage Loan over the net income from the REO Property transferred to the Collection Account for such Distribution Date pursuant to Section 3.07; such sum being defined herein as the “Monthly Advance.” (b) Notwithstanding anything herein to the contrary, no Servicing Advance or Monthly Advance shall be required to be made hereunder if the Servicer determines that such Servicing Advance or Monthly Advance would, if made, constitute a Nonrecoverable Advance.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Home Loan Mortgage Loan Trust 2005-1), Pooling and Servicing Agreement (Lehman Home Equity Loan Trust 2004-3)

Advances by the Servicer. (a) Not later than the close of business on the third Business Day preceding each Determination Payment Date, the Servicer shall remit to the Trustee for (but solely from and to the extent of amounts on deposit in the Collection Principal and Interest Account an amount (as indicated in the Trustee’s Remittance report prepared pursuant to Section 5.05), to be distributed on of the related Distribution Determination Date, after giving effect to withdrawals from the Principal and Interest Account as of the Determination Date for such Payment Date pursuant to Section 5.015.04(i)), an amount (the "Advance") equal to the sum of (a) 30 days of the interest accrued in the related Due Period on the Principal Balance of each Mortgage Loan as to which no payment was received Loans but uncollected as of the close of business on the last day of the related such Due Period (net of the Servicing Fee), ) and (b) with respect to each REO Property that which was acquired during or prior to the related Due Period, Period and as to which an REO Property disposition Disposition did not occur during the related Due Period, an amount equal to the excess, if any, of interest on the Principal Balance of such REO Property computed at the Net Loan related Mortgage Interest Rate (net of the Servicing Fee) for the most recently ended Due Period prior to the related Determination Date for the related Mortgage Loan over the net income from the REO Property transferred to deposited in the Collection Principal and Interest Account for during such Distribution Date Due Period pursuant to Section 3.07; such sum being defined herein as 5.10. Notwithstanding the “Monthly Advance.” (b) Notwithstanding anything herein provisions in the foregoing paragraph of this Section 6.08, with respect to the contraryPayment Dates occurring on or before October 15, no Servicing Advance or Monthly Advance shall be required to be made hereunder 1996 if the amounts on deposit in the Principal and Interest Account are insufficient to make the full Advance (as defined herein), and as a result thereof an Event of Nonpayment would occur, the Servicer determines that shall make a Advance from its own funds equal to such Servicing Advance or Monthly Advance wouldinsufficiency to the extent of delinquent payments of interest, if made, constitute a Nonrecoverable Advanceand may reimburse itself for such Advances from collections on the related Mortgage Loans pursuant to Section 5.04(ii).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Eqcc Asset Backed Corp)

Advances by the Servicer. (a) Not later than the close of business on the third Business Day preceding each Determination Payment Date, the Servicer shall remit to the Trustee for (but solely from and to the extent of amounts on deposit in the Collection Principal and Interest Account an amount (as indicated in the Trustee’s Remittance report prepared pursuant to Section 5.05), to be distributed on of the related Distribution Determination Date, after giving effect to withdrawals from the Principal and Interest Account as of the Determination Date for such Payment Date pursuant to Section 5.015.04(i)), an amount (the "Advance") equal to the sum of (a) 30 days of the interest accrued in the related Due Period on the Principal Balance of each Mortgage Loan as to which no payment was received Loans but uncollected as of the close of business on the last day of the related such Due Period (net of the Servicing Fee), ) and (b) with respect to each REO Property that which was acquired during or prior to the related Due Period, Period and as to which an REO Property disposition Disposition did not occur during the related Due Period, an amount equal to the excess, if any, of interest on the Principal Balance of such REO Property computed at the Net Loan related Mortgage Interest Rate (net of the Servicing Fee) for the most recently ended Due Period prior to the related Determination Date for the related Mortgage Loan over the net income from the REO Property transferred to deposited in the Collection Principal and Interest Account for during such Distribution Date Due Period pursuant to Section 3.07; such sum being defined herein as 5.10. Notwithstanding the “Monthly Advance.” (b) Notwithstanding anything herein provisions in the foregoing paragraph of this Section 6.08, with respect to the contraryPayment Dates occurring on or before February 15, no Servicing Advance or Monthly Advance shall be required to be made hereunder 1997 if the amounts on deposit in the Principal and Interest Account are insufficient to make the full Advance (as defined herein), and as a result thereof an Event of Nonpayment would occur, the Servicer determines that shall make a Advance from its own funds equal to such Servicing Advance or Monthly Advance wouldinsufficiency to the extent of delinquent payments of interest, if made, constitute a Nonrecoverable Advanceand may reimburse itself for such Advances from collections on the related Mortgage Loans pursuant to Section 5.04(ii).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Eqcc Asset Backed Corp)

Advances by the Servicer. (a) Not later than 2:00 p.m. New York City time on the close of business on third Business Day prior to each Determination Distribution Date, the Servicer shall remit to the Trustee for deposit in the Collection Distribution Account an amount (as indicated in the Trustee’s Remittance report prepared pursuant to Section 5.05), to be distributed on the related such Distribution Date pursuant to Section 5.01, equal to the sum of (a) 30 days of interest accrued on the Principal Balance of each Mortgage Loan as to which no payment was through the related Due Date, but not received as of the close of business on the last day of the related Due Period (net of the Servicing Fee), and (b) with respect to each REO Property that was acquired during or prior to the related Due Period, and as to which an REO Property disposition did not occur during the related Due Period, an amount equal to the excess, if any, of interest on the Principal Balance of such REO Property at the Net Loan Rate for the most recently ended Due Period prior to the related Determination Date for the related Mortgage Loan over the net income from the REO Property transferred to the Collection Account for such Distribution Date pursuant to Section 3.07; such sum amount being defined herein as the "Monthly Advance". The Servicer may fund all or a portion of the Monthly Advance with respect to the Mortgage Loans by instructing the Trustee on such Determination Date to use funds deposited in the Collection Account which are not part of Available Funds for the related Distribution Date; provided that if such funds are so used the Servicer shall replace such funds on or before any subsequent Determination Date on which such funds are required to be part of the Available Funds. (b) Notwithstanding anything herein to the contrary, no Servicing Advance or Monthly Advance shall be required to be made hereunder if the Servicer determines determines, and provides the Trustee with a Servicing Certificate to the effect, that such Servicing Advance or Monthly Advance would, if made, constitute a Nonrecoverable Advance.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Advances by the Servicer. (a) Not later than the close of business on the third Business Day preceding each Determination Payment Date, the Servicer shall remit to the Trustee for (but solely from and to the extent of amounts on deposit in the Collection Principal and Interest Account an amount (as indicated in the Trustee’s Remittance report prepared pursuant to Section 5.05), to be distributed on of the related Distribution Determination Date, after giving effect to withdrawals from the Principal and Interest Account as of the Determination Date for such Payment Date pursuant to Section 5.015.04(i)), an amount (the "Advance") equal to the sum of (a) 30 days of the interest accrued in the related Due Period on the Principal Balance of each Mortgage Loan as to which no payment was received Loans but uncollected as of the close of business on the last day of the related such Due Period (net of the Servicing Fee), ) and (b) with respect to each REO Property that which was acquired during or prior to the related Due Period, Period and as to which an REO Property disposition Disposition did not occur during the related Due Period, an amount equal to the excess, if any, of interest on the Principal Balance of such REO Property computed at the Net Loan related Mortgage Interest Rate (net of the Servicing Fee) for the most recently ended Due Period prior to the related Determination Date for the related Mortgage Loan over the net income from the REO Property transferred to deposited in the Collection Principal and Interest Account for during such Distribution Date Due Period pursuant to Section 3.07; such sum being defined herein as 5.10. Notwithstanding the “Monthly Advance.” (b) Notwithstanding anything herein provisions in the foregoing paragraph of this Section 6.08, with respect to the contraryPayment Dates occurring on or before August 15, no Servicing Advance or Monthly Advance shall be required to be made hereunder 1997 if the amounts on deposit in the Principal and Interest Account are insufficient to make the full Advance (as defined herein), and as a result thereof an Event of Nonpayment would occur, the Servicer determines that shall make a Advance from its own funds equal to such Servicing Advance or Monthly Advance wouldinsufficiency to the extent of delinquent payments of interest, if made, constitute a Nonrecoverable Advanceand may reimburse itself for such Advances from collections on the related Mortgage Loans pursuant to Section 5.04(ii).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Eqcc Asset Backed Corp)

Advances by the Servicer. (a) Not later than the close of business on the second Business Day prior to each Determination Distribution Date, the Servicer shall remit to the Trustee for deposit in the Collection Distribution Account an amount (as indicated in the Trustee’s Remittance report prepared pursuant to Section 5.05), to be distributed on the related such Distribution Date pursuant to Section 5.01, equal to the sum of (a) 30 days of interest accrued on the Principal Balance of each Mortgage Loan as to which no payment was through the related Due Date, but not received as of the close of business on the last day of the related Due Period (net of the Servicing Fee), and (b) with respect to each REO Property that was acquired during or prior to the related Due Period, and as to which an REO Property disposition did not occur during the related Due Period, an amount equal to the excess, if any, of interest on the Principal Balance of such REO Property at the Net Loan Rate for the most recently ended Due Period prior to the related Determination Date for the related Mortgage Loan over the net income from the REO Property transferred to the Collection Account for such Distribution Date pursuant to Section 3.07; such sum amount being defined herein as the "Monthly Advance". The Servicer may fund all or a portion of the Monthly Advance with respect to the Mortgage Loans by instructing the Trustee on the related Determination Date to use funds deposited in the Collection Account which are not part of Available Funds for the related Distribution Date; provided that if such funds are so used the Servicer on notice to the Trustee shall replace such funds on or before any subsequent Determination Date on which such funds are required to be part of the Available Funds. (b) Notwithstanding anything herein to the contrary, no Servicing Advance or Monthly Advance shall be required to be made hereunder if the Servicer determines in its good faith business judgment, and provides the Trustee with an Officer's Certificate to the effect, that such Servicing Advance or Monthly Advance would, if made, constitute a Nonrecoverable Advance.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fleet Home Equity Loan Corp)

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Advances by the Servicer. (a) Not later than the close of business on each Determination Date, the Servicer shall remit to the Indenture Trustee for deposit in into the Collection Account an amount (as indicated in the Indenture Trustee’s 's Remittance report prepared pursuant to Section 5.054.01), to be distributed paid on the related Distribution Payment Date pursuant to Section 5.013.05 of the Indenture, equal to the sum of (a) 30 days all payments of interest accrued due on the Principal Balance of each Mortgage Loan during the related Due Period as to which no payment was received as of the close of business on the last day of the related Due Period (net of the Servicing Fee), and (b) with respect to each REO Property that was acquired during or prior to the related Due Period, and as to which an REO Property disposition did not occur during the related Due Period, an amount equal to the excess, if any, of interest on the Principal Balance of such REO Property at the Net Loan Rate less the Servicing Fee for the most recently ended Due Period prior to the related Determination Date for the related Mortgage Loan over the net income from the REO Property transferred to the Collection Account for such Distribution Payment Date pursuant to Section 3.073.07 (such sum; such sum being defined herein as the "Monthly Advance"). (b) Notwithstanding anything herein to the contrary, no Servicing Advance or Monthly Advance shall be required to be made hereunder if the Servicer determines that such Servicing Advance or Monthly Advance would, if made, constitute a Nonrecoverable Advance.

Appears in 1 contract

Samples: Servicing Agreement (Home Loan Mortgage Loan Trust 2004-2)

Advances by the Servicer. (a) Not later than the close of business on the third Business Day preceding each Determination Payment Date, the Servicer shall remit to the Trustee for (but solely from and to the extent of amounts on deposit in the Collection Principal and Interest Account an amount (as indicated in the Trustee’s Remittance report prepared pursuant to Section 5.05), to be distributed on of the related Distribution Determination Date, after giving effect to withdrawals from the Principal and Interest Account as of the Determination Date for such Payment Date pursuant to Section 5.015.04(i)), an amount (the "Advance") equal to the sum of (a) 30 days of the interest accrued in the related Due Period on the Principal Balance of each Mortgage Loan as to which no payment was received Loans but uncollected as of the close of business on the last day of the related such Due Period (net of the Servicing Fee), ) and (b) with respect to each REO Property that which was acquired during or prior to the related Due Period, Period and as to which an REO Property disposition Disposition did not occur during the related Due Period, an amount equal to the excess, if any, of interest on the Principal Balance of such REO Property computed at the Net Loan related Mortgage Interest Rate (net of the Servicing Fee) for the most recently ended Due Period prior to the related Determination Date for the related Mortgage Loan over the net income from the REO Property transferred to deposited in the Collection Principal and Interest Account for during such Distribution Date Due Period pursuant to Section 3.07; such sum being defined herein as 5.10. Notwithstanding the “Monthly Advance.” (b) Notwithstanding anything herein provisions in the foregoing paragraph of this Section 6.08, with respect to the contraryPayment Dates occurring on or before May 15, no Servicing Advance or Monthly Advance shall be required to be made hereunder 1997 if the amounts on deposit in the Principal and Interest Account are insufficient to make the full Advance (as defined herein), and as a result thereof an Event of Nonpayment would occur, the Servicer determines that shall make a Advance from its own funds equal to such Servicing Advance or Monthly Advance wouldinsufficiency to the extent of delinquent payments of interest, if made, constitute a Nonrecoverable Advanceand may reimburse itself for such Advances from collections on the related Mortgage Loans pursuant to Section 5.04(ii).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Eqcc Asset Backed Corp)

Advances by the Servicer. (a) Not later than the close of business on the third Business Day preceding each Determination Payment Date, the Servicer shall remit to the Trustee for (but solely from and to the extent of amounts on deposit in the Collection Principal and Interest Account an amount (as indicated in the Trustee’s Remittance report prepared pursuant to Section 5.05), to be distributed on of the related Distribution Determination Date, after giving effect to withdrawals from the Principal and Interest Account as of the Determination Date for such Payment Date pursuant to Section 5.015.04(i)), an amount (the "Advance") equal to the sum of (a) 30 days of the interest accrued in the related Due Period on the Principal Balance of each Mortgage Loan as to which no payment was received Loans but uncollected as of the close of business on the last day of the related such Due Period (net of the Servicing Fee), ) and (b) with respect to each REO Property that which was acquired during or prior to the related Due Period, Period and as to which an REO Property disposition Disposition did not occur during the related Due Period, an amount equal to the excess, if any, of interest on the Principal Balance of such REO Property computed at the Net Loan related Mortgage Interest Rate (net of the Servicing Fee) for the most recently ended Due Period prior to the related Determination Date for the related Mortgage Loan over the net income from the REO Property transferred to deposited in the Collection Principal and Interest Account for during such Distribution Date Due Period pursuant to Section 3.07; such sum being defined herein as 5.10. Notwithstanding the “Monthly Advance.” (b) Notwithstanding anything herein provisions in the foregoing paragraph of this Section 6.08, with respect to the contraryPayment Dates occurring on or before July 15, no Servicing Advance or Monthly Advance shall be required to be made hereunder 1997 if the amounts on deposit in the Principal and Interest Account are insufficient to make the full Advance (as defined herein), and as a result thereof an Event of Nonpayment would occur, the Servicer determines that shall make a Advance from its own funds equal to such Servicing Advance or Monthly Advance wouldinsufficiency to the extent of delinquent payments of interest, if made, constitute a Nonrecoverable Advanceand may reimburse itself for such Advances from collections on the related Mortgage Loans pursuant to Section 5.04(ii).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Eqcc Asset Backed Corp)

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