Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month. (b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority: (i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero; (ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero; (iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero; (iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero; (v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero; (vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero; (vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances. (c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates). (d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e). (e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date. (f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date. (g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 11 contracts
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Securities Administrator shall aggregate the information provided by each Servicer shall determine with respect to the total amount of any Realized Loss in respect of each Losses experienced on the Mortgage Loan that occurred during Loans for the immediately preceding calendar monthrelated Distribution Date.
(b) With respect to any Distribution Date, the principal portion of each Realized Applied Loss (other than any Excess Loss) Amounts with respect to a the Mortgage Pool Loans on any Distribution Date shall be allocated in the following order of priorityas follows:
(i) any Applied Loss Amounts on the Mortgage Loans shall be allocated first to the Class B-6 Certificates OC Certificates, until the its Class Certificate Principal Balance thereof has been is reduced to zero;, and second, to the Subordinated Certificates in reverse order of their respective priorities of payment (beginning with the Class of Class B Certificates then outstanding with the highest numerical Class designation or, if no Classes of Class B Certificates are outstanding, then beginning with the Class of Class M Certificates then outstanding with the highest numerical Class designation) until the respective Class Principal Balance of each such Class is reduced to zero; and
(ii) The Class Principal Balance of the Class of Subordinated Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount, if any, by which the aggregate of the Class Principal Balances of all outstanding Classes of Offered Certificates (after giving effect to the Class B-5 Certificates until distribution of principal and the allocation of Applied Loss Amounts on the Mortgage Loans on such Distribution Date) exceeds the aggregate Stated Principal Balance of the Mortgage Loans for the following Distribution Date. For the avoidance of doubt, no reductions will be made in the Class Certificate Principal Balance thereof has been reduced to zero;
(iii) to of the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates in respect of Realized Losses on the related Certificate Group, pro rata, in accordance with their Class Certificate BalancesMortgage Loans.
(c) With respect to any Distribution Date, the principal portion of any Excess Any Applied Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses Amounts allocated to a Class of Subordinated Certificates or any reduction in the Class Principal Balance of a Class of Subordinated Certificates pursuant to Section 4.4(b5.04(b) or (c) above shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. .
(d) Any allocation of Realized Losses to a Certificate or to any Component or any reduction in the Certificate Balance of a Certificate, pursuant to this paragraph (dSection 5.04(b) above shall be accomplished by reducing the Certificate Principal Balances of Balance or Component Balance thereof, as applicable, immediately following the related Certificates distributions made on the related Distribution Date in accordance with Section 4.4(e)the definition of “Certificate Balance” or “Component Balance,” as the case may be. All Realized Losses or Applied Loss Amounts allocated to a Class of Component Certificates will be allocated, pro rata, to the related Components.
(e) For the avoidance of doubt, no Realized Losses allocated in accordance with this Section 4.4 on the Mortgage Loans shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution DateClass P Certificates.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall inform the Trustee in writing with respect to each Mortgage Loan: (1) whether any Realized Loss is a Deficient Valuation or a Debt Service Reduction, (2) of the amount of such loss or Deficient Valuation, or of the terms of such Debt Service Reduction and (3) of the total amount of Realized Losses. Based on such information, the Trustee shall determine the total amount of any Realized Loss in Losses with respect to the related Distribution Date. The principal portion of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With Realized Losses with respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool Date shall be allocated in the following order of priorityas follows:
(i) the applicable PO Percentage of the principal portion of any Realized Loss with respect to a Discount Mortgage Loan shall be allocated to the Class B-6 A-PO Certificates until the Class Certificate Balance thereof has is reduced to zero; and
(ii) the applicable Non-PO Percentage of the principal portion of any Realized Loss shall be allocated first to the Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class of Subordinate Certificates then outstanding with the highest numerical Class designation) until the respective Class Certificate Balance of each such Class is reduced to zero, and second to the Senior Certificates (other than the Class A-PO Certificates), pro rata, on the basis of their respective Class Certificate Balances immediately prior to the related Distribution Date, until the Class Certificate Balances thereof have been reduced to zero;; and
(iib) to The Class Certificate Balance of the Class B-5 A-PO Certificates until shall be reduced on each Distribution Date by the amount, if any, by which the Class Certificate Balance thereof has been reduced to zero;
of the Class A-PO Certificates (iii) after giving effect to the amount to be distributed as a distribution of principal and the allocation of Realized Losses on such Distribution Date) exceeds the Adjusted Pool Amount (PO Portion) for such Distribution Date. The Class B-4 Certificate Balance of the Class of Subordinate Certificates until then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount, if any, by which the aggregate of the Class Certificate Balances of all outstanding Classes of Certificates (after giving effect to the amount to be distributed as a distribution of principal and the allocation of Realized Losses and Class A-PO Deferred Amounts on such Distribution Date) exceeds the Adjusted Pool Amount for such Distribution Date. After the Senior Credit Support Depletion Date, the Class Certificate Balances of the Senior Certificates in the aggregate (other than the Class Certificate Balance thereof has been reduced to zero;
(iv) to of the Class B-3 Certificates until A-PO Certificates) shall be reduced on each Distribution Date by the amount, if any, by which the aggregate of the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Balances of all outstanding Classes of Senior Certificates (other than Class A-PO Certificates) (after giving effect to the amount to be distributed as a distribution of principal and the related Certificate Group, pro rata, in accordance with their allocation of Realized Losses on such Distribution Date) exceeds the difference between (i) the Adjusted Pool Amount for such Distribution Date and (ii) the Adjusted Pool Amount (PO Portion) for such Distribution Date. Any such reduction shall be allocated among the Senior Certificates (other than the Class A-PO Certificates) based on the Class Certificate BalancesBalances immediately prior to such Distribution Date.
(c) With respect to any Distribution Date, the principal portion of any Excess Any Realized Loss with respect allocated to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of or any reduction in the related Certificate Group based on their respective Class Certificate Balances (in the case Balance of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b5.03(b) or (c) above shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Percentage Interests.
(d) Any allocation of Realized Losses to a Class of Certificates or any reduction in the Class Certificate Balance of a Class pursuant to this paragraph (dSection 5.03(b) above shall be accomplished by reducing the Class Certificate Principal Balances of Balance thereof prior to the related Certificates distributions made on the related Distribution Date in accordance with Section 4.4(e)the definition of "Class Certificate Balance."
(e) With respect to any Distribution Date, Realized Losses allocated in accordance with pursuant to this Section 4.4 shall 5.03 will be allocated on the Distribution Date to each Uncertificated Lower-Tier Interest in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect an amount equal to the distributions made on such Distribution Dateamount allocated to its respective Corresponding Upper-Tier Class or Classes as provided above.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, LLC), Pooling and Servicing Agreement (Mortgage Pass Through Certificates Series 2002-5), Pooling and Servicing Agreement (Wachovia Asset Securitization Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer Company shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect shall be allocated as follows:
(i) the applicable PO Percentage of the principal portion of any such Realized Loss shall be allocated to a Mortgage Pool the Class PO Certificates until the Class Certificate Principal Balance thereof has been reduced to zero; and
(ii) the applicable Non-PO Percentage of the principal portion of any such Realized Loss shall be allocated in the following order of priority:
(i) : first, to the Class B-6 B5 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(ii) ; second, to the Class B-5 B4 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(iii) ; third, to the Class B-4 B3 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 B2 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 B1 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 M Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(vii) ; and seventh, to the Classes of Senior Certificates of other than the related Certificate GroupClass PO Certificates, pro rata, in accordance with their Class Certificate Principal Balances; provided, that any such loss allocated to any Class of Accrual Certificates (and any Accrual Component) shall be allocated (subject to Section 4.03(d)) on the basis of the lesser of (x) the Class Certificate Principal Balance (or Component Principal Balance) thereof immediately prior to the applicable Distribution Date and (y) the Class Certificate Principal Balance (or Component Principal Balance) thereof on the Closing Date (as reduced by any Realized Losses previously allocated thereto).
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata as follows: (1) the PO Percentage of any such loss shall be allocated to the Class PO Certificates, and (2) the Non-PO Percentage of any such loss shall be allocated to each Class of Certificates of other than the related Certificate Group Class PO Certificates, pro rata, based on their the respective Class Certificate Principal Balances thereof; provided, that any such loss allocated to any Class of Accrual Certificates (in and any Accrual Component) shall be allocated (subject to Section 4.03(d)) on the case basis of the Senior Certificateslesser of (x) the Class Certificate Principal Balance (or Apportioned Component Principal Balances Balance) thereof immediately prior to the applicable Distribution Date and (in y) the case of Class Certificate Principal Balance (or Component Principal Balance) thereof on the Subordinated CertificatesClosing Date (as reduced by any Realized Losses previously allocated thereto).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b4.03(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. In addition, any Realized Losses allocated to any Class of Component Certificates on a Distribution Date shall be allocated in reduction of the Component Principal Balances of the related Components (other than any Notional Component) in proportion to their respective Component Principal Balances immediately prior to such Distribution Date. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances Balance (or, in the case of any Component, the Component Principal Balance) of the related Certificates (or Components) on the related Distribution Date in accordance with Section 4.4(e4.03(e).
(e) Realized Losses allocated in accordance with this Section 4.4 4.03 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date, except that the aggregate amount of Realized Losses to be allocated to the Class PO Certificates on such Distribution Date will be taken into account in determining distributions in respect of any Class PO Deferred Amount for such date.
(f) On each Distribution Date, the Master Servicer Company shall determine the Subordinated Subordinate Certificate Writedown Amount, if any. Any such Subordinated Subordinate Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 4.03 that provides for a reduction in the Class Certificate Principal Balance of the Subordinated Subordinate Certificates, a corresponding reduction in the Class Certificate Principal Balance of the Subordinated Subordinate Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Principal Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Scheduled Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc), Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc 2000-1 Trust), Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc 2000-2 Trust)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Securities Administrator shall aggregate the information provided by each Servicer shall determine with respect to the total amount of any Realized Loss in respect of each Losses experienced on the Mortgage Loan that occurred during Loans for the immediately preceding calendar monthrelated Distribution Date.
(b) With respect to any Distribution Date, the principal portion of each Realized Applied Loss (other than any Excess Loss) Amounts with respect to a the Mortgage Pool Loans on any Distribution Date shall be allocated in the following order of priorityas follows:
(i) any Applied Loss Amounts on the Mortgage Loans shall be allocated first to the Class B-6 Certificates OC Certificates, until the its Class Certificate Principal Balance thereof has been is reduced to zero;, and second, to the Subordinated Certificates in reverse order of their respective priorities of payment (beginning with the Class of Class B Certificates then outstanding with the highest numerical Class designation or, if no Classes of Class B Certificates are outstanding, then beginning with the Class of Class M Certificates then outstanding with the highest numerical Class designation) until the respective Class Principal Balance of each such Class is reduced to zero; and
(ii) The Class Principal Balance of the Class of Subordinated Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount, if any, by which the aggregate of the Class Principal Balances of all outstanding Classes of Offered Certificates (after giving effect to the Class B-5 Certificates until distribution of principal and the allocation of Applied Loss Amounts on the Mortgage Loans on such Distribution Date) exceeds the aggregate Stated Principal Balance of the Mortgage Loans for the following Distribution Date. For the avoidance of doubt, no reductions will be made in the Class Certificate Principal Balance thereof has been reduced to zero;
(iii) to of the Class B-4 A Certificates until in respect of Realized Losses on the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate BalancesMortgage Loans.
(c) With respect to any Distribution Date, the principal portion of any Excess Any Applied Loss with respect Amounts allocated to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (or any reduction in the case Class Principal Balance of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b5.04(b) or (c) above shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. .
(d) Any allocation of Realized Losses to a Certificate or to any Component or any reduction in the Certificate Balance of a Certificate, pursuant to this paragraph (dSection 5.04(b) above shall be accomplished by reducing the Certificate Principal Balances of Balance or Component Balance thereof, as applicable, immediately following the related Certificates distributions made on the related Distribution Date in accordance with Section 4.4(e)the definition of "Certificate Balance" or "Component Balance," as the case may be. All Realized Losses or Applied Loss Amounts allocated to a Class of Component Certificates will be allocated, pro rata, to the related Components.
(e) For the avoidance of doubt, no Realized Losses allocated in accordance with this Section 4.4 on the Mortgage Loans shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution DateClass P Certificates.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-15xs), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-17xs), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-13arx)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Principal Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Scheduled Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Servicer Class Principal Balance of each Class of Subordinate Certificates shall determine be reduced by the amount of any Realized Applied Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Amount for such Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to in reduction of the Class B-6 Certificates Principal Balance of the Class B-3 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(ii) to in reduction of the Class B-5 Certificates Principal Balance of the Class B-2 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(iii) to in reduction of the Class B-4 Certificates Principal Balance of the Class B-1 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(iv) to in reduction of the Class B-3 Certificates Principal Balance of the Class M-4 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(v) to in reduction of the Class B-2 Certificates Principal Balance of the Class M-3 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(vi) to in reduction of the Class B-1 Certificates Principal Balance of the Class M-2 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;; and
(vii) to the Classes of Senior Certificates in reduction of the related Certificate GroupClass Principal Balance of the Class M-1 Certificates, pro rata, in accordance with their until the Class Certificate BalancesPrincipal Balance thereof has been reduced to zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(db) Any Realized Losses so allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balancesprincipal balances. Any allocation of Realized Losses an Applied Loss Amount pursuant to this paragraph (d) Section shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in applicable Class and the principal balance of each related Mortgage Pool as of Certificate on the first day of the month of such applicable Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-C), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-D), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2007-A)
Allocation of Losses. (a) On each Payment Date on and after the occurrence and continuance of an Indenture Event of Default or the occurrence of a Repo Trigger Event and prior to each Determination Datethe sale of the Collateral pursuant to Section 9.6 hereof, and after all payments pursuant to Section 6.1(e) hereof for such Payment Date have been made, if the sum of the Outstanding Asset Balance on such date and all amounts on deposit in the Buyer’s Account, if any, and the Reserve Account is less than the aggregate Note Balance of all outstanding Notes (such balances determined after giving effect to all payments made on such Payment Date pursuant to Section 6.1(e)) (such shortfall, the Master Servicer shall determine the amount of any “Realized Loss in respect of each Mortgage Loan that occurred during Amount”), then the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Indenture Trustee shall allocate such Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated Amount in the following order order: first, the Note Balance of priority:
(i) to the Class B-6 Certificates F Notes, until the Class Certificate Note Balance thereof has been reduced to zero;
(ii) to , second, the Note Balance of the Class B-5 Certificates E Notes, until the Class Certificate Note Balance thereof has been reduced to zero;
(iii) to , third, the Note Balance of the Class B-4 Certificates D Notes, until the Class Certificate Note Balance thereof has been reduced to zero;
(iv) to , fourth, the Note Balance of the Class B-3 Certificates C Notes, until the Class Certificate Note Balance thereof has been reduced to zero;
(v) to , fifth, the Note Balance of the Class B-2 Certificates B Notes, until the Note Balance thereof has been reduced to zero and sixth, the Note Balance of the Class Certificate A Notes, until the Note Balance thereof has been reduced to zero;
(vi) . On each Payment Date on and after the occurrence and continuance of an Event of Default or an Indenture Event of Default or the occurrence of a Repo Trigger Event and prior to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates sale of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates Collateral pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses 9.6 hereof, and after all payments pursuant to this paragraph (dSections 6.1(e) shall be accomplished by reducing hereof for such Payment Date have been made, if the Certificate Principal Balances sum of the related Certificates Outstanding Asset Balance on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated such date and all amounts on the Distribution Date deposit in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown AmountBuyer’s Account, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in exceeds the Class Certificate Balance sum of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Note Balances of all the Senior Certificates of a related Certificate Group as of outstanding Notes (such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, balances determined after giving effect to all distributions and prior allocations of Realized Losses payments made on such datePayment Date pursuant to Section 6.1(e)) (such excess, the “Subsequent Recovery Amount”), then the Indenture Trustee shall allocate such Subsequent Recovery Amount to an amount less than increase the aggregate Stated Principal Balance Note Balances of the Mortgage Loans Notes, after all payments pursuant to Section 6.1(e) hereof for such Payment Date have been made, in the related Mortgage Pool as order of the first day seniority, but not in excess of the month any Realized Loss Amount previously allocated to such Class of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")Notes.
Appears in 3 contracts
Samples: Indenture (loanDepot, Inc.), Indenture (loanDepot, Inc.), Indenture (loanDepot, Inc.)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer Company shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect shall be allocated as follows:
(i) the applicable PO Percentage of the principal portion of any such Realized Loss shall be allocated to a Mortgage Pool the Class PO Certificates until the Class Certificate Principal Balance thereof has been reduced to zero; and
(ii) the applicable Non-PO Percentage of the principal portion of any such Realized Loss shall be allocated in the following order of priority:
(i) : first, to the Class B-6 B5 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(ii) ; second, to the Class B-5 B4 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(iii) ; third, to the Class B-4 B3 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 B2 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 B1 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 M Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(vii) ; and seventh, to the Classes of Senior Certificates of other than the related Certificate GroupClass PO Certificates, pro rata, in accordance with their Class Certificate Principal Balances; provided, that any such loss allocated to any Class of Accrual Certificates (and any Accrual Component) shall be allocated (subject to Section 4.03(d)) on the basis of the lesser of (x) the Class Certificate Principal Balance (or Component Principal Balance) thereof immediately prior to the applicable Distribution Date and (y) the Class Certificate Principal Balance (or Component Principal Balance) thereof on the Closing Date (as reduced by any Realized Losses previously allocated thereto).
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata as follows: (1) the PO Percentage of any such loss shall be allocated to the Class PO Certificates, and (2) the Non-PO Percentage of any such loss shall be allocated to each Class of Certificates of other than the related Certificate Group Class PO Certificates, pro rata, based on their the respective Class Certificate Principal Balances thereof; provided, that any such loss allocated to any Class of Accrual Certificates (in and any Accrual Component) shall be allocated (subject to Section 4.03(d)) on the case basis of the Senior Certificateslesser of (x) the Class Certificate Principal Balance (or Apportioned Component Principal Balances Balance) thereof immediately prior to the applicable Distribution Date and (in y) the case of Class Certificate Principal Balance (or Component Principal Balance) thereof on the Subordinated CertificatesClosing Date (as reduced by any Realized Losses previously allocated thereto).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b4.03(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. In addition, any Realized Losses allocated to any Class of Component Certificates on a Distribution Date shall be allocated in reduction of the Component Principal Balances of the related Components (other than any Notional Component) in proportion to their respective Component Principal Balances immediately prior to such Distribution Date. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances Balance (or, in the case of any Component, the Component Principal Balance) of the related Certificates (or Components) on the related Distribution Date in accordance with Section 4.4(e4.03(e).
(e) Realized Losses allocated in accordance with this Section 4.4 4.03 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date, except that the aggregate amount of Realized Losses to be allocated to the Class PO Certificates on such Distribution Date will be taken into account in determining distributions in respect of any Class PO Deferred Amount for such date.
(f) On each Distribution Date, the Master Servicer Company shall determine the Subordinated Subordinate Certificate Writedown Amount, if any. Any such Subordinated Subordinate Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, effect a corresponding reduction in the Class Certificate Principal Balance of the Subordinated Subordinate Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Principal Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Scheduled Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc), Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc), Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc)
Allocation of Losses. (a) On each Payment Date on and after the occurrence and continuance of an Indenture Event of Default or the occurrence of a Repo Trigger Event and prior to each Determination Datethe sale of the Collateral pursuant to Section 9.6 hereof, and after all payments pursuant to Section 6.1(e) hereof for such Payment Date have been made, if the sum of the Outstanding Asset Balance on such date and all amounts on deposit in the Buyer’s Account, if any, and the Reserve Account is less than the aggregate Note Balance of all outstanding Notes (such balances determined after giving effect to all payments made on such Payment Date pursuant to Section 6.1(e)) (such shortfall, the Master Servicer shall determine the amount of any “Realized Loss in respect of each Mortgage Loan that occurred during Amount”), then the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Indenture Trustee shall allocate such Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated Amount in the following order order: first, the Note Balance of priority:
(i) to the Class B-6 Certificates G Notes, until the Class Certificate Note Balance thereof has been reduced to zero;
(ii) to , second, the Note Balance of the Class B-5 Certificates F Notes, until the Class Certificate Note Balance thereof has been reduced to zero;
(iii) to , third, the Note Balance of the Class B-4 Certificates E Notes, until the Class Certificate Note Balance thereof has been reduced to zero;
(iv) to , fourth, the Note Balance of the Class B-3 Certificates D Notes, until the Class Certificate Note Balance thereof has been reduced to zero;
(v) to , fifth, the Note Balance of the Class B-2 Certificates C Notes, until the Class Certificate Note Balance thereof has been reduced to zero;
(vi) to , sixth, the Note Balance of the Class B-1 Certificates B Notes, until the Note Balance thereof has been reduced to zero and seventh, the Note Balance of the Class Certificate A Notes, until the Note Balance thereof has been reduced to zero;
(vii) . On each Payment Date on and after the occurrence and continuance of an Event of Default or an Indenture Event of Default or the occurrence of a Repo Trigger Event and prior to the Classes of Senior Certificates sale of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates Collateral pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses 9.6 hereof, and after all payments pursuant to this paragraph (dSections 6.1(e) shall be accomplished by reducing hereof for such Payment Date have been made, if the Certificate Principal Balances sum of the related Certificates Outstanding Asset Balance on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated such date and all amounts on the Distribution Date deposit in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown AmountBuyer’s Account, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in exceeds the Class Certificate Balance sum of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Note Balances of all the Senior Certificates of a related Certificate Group as of outstanding Notes (such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, balances determined after giving effect to all distributions and prior allocations of Realized Losses payments made on such datePayment Date pursuant to Section 6.1(e)) (such excess, the “Subsequent Recovery Amount”), then the Indenture Trustee shall allocate such Subsequent Recovery Amount to an amount less than increase the aggregate Stated Principal Balance Note Balances of the Mortgage Loans Notes, after all payments pursuant to Section 6.1(e) hereof for such Payment Date have been made, in the related Mortgage Pool as order of the first day seniority, but not in excess of the month any Realized Loss Amount previously allocated to such Class of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")Notes.
Appears in 3 contracts
Samples: Indenture (loanDepot, Inc.), Indenture (loanDepot, Inc.), Indenture (loanDepot, Inc.)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(bi) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated as follows:
(ii) the principal portion of any such Realized Loss shall be allocated in the following order of priority:
(i) : first, to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) ; second, to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) ; third, to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; seventh, to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances; provided, that the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans in Pool I allocable to the Super Senior Certificates will instead be borne by the Senior Support Certificates (in addition to other Realized Losses allocated to the Senior Support Certificates), and not by the Super Senior Certificates, for so long as the Class Certificate Balance of the Senior Support Certificates is greater than zero.
(cb) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(dc) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b4.4(a) or (cb) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (dc) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e4.4(d).
(ed) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(fe) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(gf) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall Losses will be allocated to the Class A, Class M-1, Class M-2, Class M-3, Class B-1, Class B-2 and Class B-3 Certificates, in the following order of priority:
(i) to the Class B-6 Certificates B-3 Certificates, until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(ii) to the Class B-5 Certificates B-2 Certificates, until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(iii) to the Class B-4 Certificates B-1 Certificates, until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(iv) to the Class B-3 Certificates M-3 Certificates, until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(v) to the Class B-2 Certificates M-2 Certificates, until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(vi) to the Class B-1 Certificates M-1 Certificates, until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;; and
(vii) to the Classes Class A Certificates, until the Current Principal Amount thereof has been reduced to zero.
(b) Notwithstanding the foregoing, no such allocation of Senior any Realized Loss shall be made on a Distribution Date to any Class of Certificates to the extent that such allocation would result in the reduction of the related Certificate Groupaggregate Current Principal Amounts of all the Certificates as of such Distribution Date, pro rataafter giving effect to all distributions and prior allocations of Realized Losses on such date, in accordance with their Class Certificate Balancesto an amount less than the aggregate Scheduled Principal Balance of all of the Mortgage Loans as of the first day of the month of such Distribution Date (such limitation, the "Loss Allocation Limitation").
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Current Principal BalancesAmounts. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Current Principal Balances Amount of the related Certificates on the related Distribution Date in accordance with Section 4.4(e)Date.
(ed) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(fe) On each Distribution Date, the Master Servicer Trustee shall determine the Subordinated Subordinate Certificate Writedown Amount, if anyAmount based solely on the information received from the Master Servicer. Any such Subordinated Subordinate Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, effect a corresponding reduction in the Class Certificate Balance Current Principal Amount of the Subordinated Current Principal Amounts of the Subordinate Certificates, in the reverse order of their numerical Class designations, and then the Senior Certificates, pro rata based on their respective Current Principal Amounts, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc), Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc), Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate GroupCertificates, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates)Balances.
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Pool Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Servicer shall determine calculate the amount of any aggregate Realized Loss in Losses for such Distribution Date based on the information with respect of to losses as reported to it by each Mortgage Loan that occurred during the immediately preceding calendar monthServicer.
(b) With respect to any On each Distribution Date, the Securities Administrator shall allocate the principal portion of each Realized Loss (other than any Excess Loss) with respect Losses as follows: first, to a Mortgage Pool shall be allocated the Classes of Subordinate Certificates in the following reverse order of priority:
their respective numerical Class designations (ibeginning with the Class B-5 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to the Class B-6 Certificates A-1, Class A-2 and Class A-3 Certificates, pro rata in accordance with their respective Class Principal Amounts, until the their respective Class Certificate Balance thereof has Principal Amounts have been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any On each Distribution Date, the principal portion Class Principal Amount of any Excess Loss the Class of Subordinate Certificates then outstanding with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) the lowest payment priority shall be allocated reduced on each Distribution Date by the Certificate Writedown Amount and if no Subordinate Certificates are then outstanding the Class Principal Amount of the Class A-1, Class A-2 and Class A-3 Certificates shall be reduced by the Certificate Writedown Amount, pro rata to each Class of Certificates of the related Certificate Group based on in accordance with their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates)Amounts.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Certificate Writedown Amount or Realized Loss will be increased, pro rata in accordance with their respective Class Principal Amounts in the case of the Class A-1, Class A-2 and Class A-3 Certificates and sequentially in order of seniority in the case of the Subordinate Certificates, by the lesser of (i) the amount of such Subsequent Recovery (reduced by any amounts applied for this purpose to more senior-ranking Certificates) and (ii) the Realized Loss amount previously allocated to such Class.
(f) Realized Losses and the amount of any Certificate Writedown Amount allocated by this Section to a Class of Certificates shall be allocated to the corresponding Lower Tier REMIC Interest and shall reduce the Class Principal Amount of such Lower Tier REMIC Interest to the same extent that the Class Principal Amount of such Class of Certificates is reduced pursuant to the provisions of this Section. Subsequent Recoveries distributed to a Class of Certificates pursuant to Section 4.4(b) or (cthe provisions of subsection 5.03(e) shall be allocated among deemed to have been distributed to the corresponding Lower Tier REMIC Interest. To the extent that the Class Principal Amount of any Class of Certificates has been increased on account of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses Subsequent Recoveries pursuant to this paragraph (d) the provisions of subsection 5.03(e), the principal balance of the corresponding Lower Tier REMIC Interest shall be accomplished increased by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Datesame amount.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Any Class of Certificates or Lower-Tier Interest whose Class Principal Amount has been reduced to zero due to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, will nonetheless remain outstanding under this Agreement and will continue to an amount less than be entitled to receive Subsequent Recoveries until the aggregate Stated Principal Balance termination of the Mortgage Loans in the related Mortgage Pool as Trust Fund; provided, however, that no such Class of the first day of the month of such Distribution Date, less Certificates will have voting rights with respect to matters under this Agreement requiring or permitting actions to be taken by any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")Certificateholders.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2013-8), Pooling and Servicing Agreement (Sequoia Mortgage Trust 2013-8)
Allocation of Losses. (a) On or prior to each Determination Date, All Realized Losses on the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect Loans allocated to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool Regular Certificate shall be allocated by the Trustee on each Distribution Date as follows: first, to the Accrued Certificate Interest on the Class X/N Interest as provided in Section 1.03 (after the following order allocation thereto of priority:
(i) any Prepayment Interest Shortfalls or Relief Act Interest Shortfalls as provided in Section 1.03); second, to the Overcollateralization Amount, until the Overcollateralization Amount has been reduced to zero; third, to the Class B-6 Certificates B-4 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(ii) ; fourth, to the Class B-5 Certificates B-3 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(iii) ; fifth, to the Class B-4 Certificates B-2 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(iv) ; sixth, to the Class B-3 Certificates B-1 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(v) ; seventh, to the Class B-2 Certificates M-3 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(vi) ; eighth, to the Class B-1 Certificates M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and ninth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(vii) . All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of Senior any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any relevant Distribution Date, the principal portion of before reduction thereof by any Excess Loss with respect Realized Losses, in each case to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each such Class of Certificates of the related Certificate Group based Certificates, on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal BalancesDistribution Date. 92 Any allocation of Realized Losses pursuant to this paragraph (d) a Class A Certificate and a Mezzanine Certificate on any Distribution Date shall be accomplished made by reducing the Certificate Principal Balances of Balance thereof by the related Certificates on the related Distribution Date in accordance with Section 4.4(e)amount so allocated.
(eb) Realized Special Hazard Losses allocated in accordance with this Section 4.4 shall will be allocated on as described above, except that if the Distribution Date in aggregate amount of such losses, as of any date of determination, exceeds the month following the month in which such loss was incurred and, in the case greatest of (i) 1.0% of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day Cut-off Date, (ii) two times the amount of the month Principal Balance of such Distribution Date, less any Deficient Valuations occurring on or prior the largest Mortgage Loan as of the date of determination and (iii) an amount equal to the Bankruptcy Coverage Termination Date (current Principal Balances of the Mortgage Loans in the largest zip-code concentration in the State of California as of the date of determination, such limitationexcess losses will be allocated among all the outstanding Classes of Certificates, including the Class B-2 Interest, the "Loss Allocation Limitation")Class B-3 Interest, the Class B-4 Interest and the Class X/N Interest, PRO RATA, based on their respective Certificate Principal Balances or Notional Amount, as applicable.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (C-Bass MTG Ln as Bk Cert Ser 2004-Cb4), Pooling and Servicing Agreement (C-Bass MTG Ln as Bk Cert Ser 2004-Cb4)
Allocation of Losses. (a) On or prior Realized Losses on the Mortgage Loans in each of Loan Group 1 incurred during a calendar month shall be allocated by the Trust Administrator to each Determination Date, the Master Servicer shall determine Classes of Certificates on the amount of Distribution Date in the next calendar month as follows:
(i) any Realized Loss Loss, other than an Excess Loss, shall be allocated first, to the Class 1-B Certificates, in decreasing order of their alphanumerical Class designations (beginning with the Class 1-B-6 Certificates), until the respective Class Principal Balance of each such Class has been reduced to zero, and second, to the Class 1-A Certificates, pro rata, on the basis of their respective Class Principal Balances, until the respective Class Principal Balance of each such Class has been reduced to zero; provided, however, that Realized Losses on the Group 1 Loans that would otherwise be allocated to the Class 1-A-2-1 and Class 1-A-2-2 Certificates in the aggregate will instead be allocated first, to the Class 1-A-2-2 Certificates, until its Class Principal Balance has been reduced to zero, and second, to the Class 1-A-2-1 Certificates, until its Class Principal Balance has been reduced to zero; and
(ii) Excess Losses in respect of each principal for Mortgage Loans in Loan that occurred during the immediately preceding calendar monthGroup 1 will be allocated among all Class 1-A and Class 1-B Certificates, pro rata based on their respective Class Principal Balances.
(b) With respect On each Distribution Date, if the aggregate Class Principal Balance of all Group 1 and Class 1-B Certificates exceeds the Aggregate Loan Group Balance for Loan Group 1 (after giving effect to distributions of principal and the allocation of all losses to such Certificates on such Distribution Date), such excess will be deemed a principal loss and will be allocated by the Trust Administrator to the most junior Class of Class 1-B Certificates then outstanding.
(c) Any Realized Loss allocated to a Class of Certificates or any reduction in the Class Principal Balance of a Class of Certificates pursuant to Section 4.02(b) shall be allocated by the Trust Administrator among the Certificates of such Class in proportion to their respective Certificate Balances.
(d) Any allocation by the Trust Administrator of Realized Losses to a Certificate or any reduction in the Certificate Balance of a Certificate pursuant to Section 4.02(b) shall be accomplished by reducing the Certificate Balance thereof, immediately following the distributions made on the related Distribution Date in accordance with the definition of "Certificate Balance."
(e) On each Distribution Date, the principal portion of each Realized Trust Administrator shall determine the total Applied Loss (other than any Excess Loss) Amount with respect to a Mortgage Pool the Group 2 Certificates, if any, for such Distribution Date. The Applied Loss Amount with respect to the Group 2 Certificates for any Distribution Date shall be allocated in the following order of priority:
(i) to applied by reducing the Class B-6 Certificates Principal Balance of each Class of LIBOR Certificates, beginning with the Class of Class M Certificates, then outstanding with the lowest relative payment priority, in each case until the respective Class Certificate Principal Balance thereof has been reduced to zero;
(ii) to , or if no Class M Certificates are then outstanding, the Class B-5 Certificates 2-A-3 Certificates, until the its Class Certificate Principal Balance thereof has been reduced to zero;
(iii) to , or if the Class B-4 2-A-3 Certificates until are no longer outstanding, the Class Certificate 2-A-2-1 and Class 2-A-2-2 Certificates, pro rata based on their respective Class Principal Balances, in each case until their respective Class Principal Balances have been reduced to zero, or if the Class 2-A-2-1 or Class 2-A-2-2 Certificates are no longer outstanding, the Class 2-A-1 Certificates, until its Class Principal Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess . Any Applied Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses Amount allocated to a Class of LIBOR Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution DatePercentage Interests.
(f) On All Realized Losses on the Group 1 Mortgage Loans shall be allocated on each Distribution Date, Date to the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction REMIC I Regular Interests as provided in the Class Certificate Balance definition of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution DateREMIC I Realized Losses.
(g) Notwithstanding All Realized Losses on the foregoing, no such allocation of any Realized Loss Group 2 Mortgage Loans shall be made allocated on a each Distribution Date to a Class the REMIC II Regular Interests and REMIC III Regular Interests as provided in the definitions of Certificates REMIC II Realized Losses and REMIC III Realized Losses, respectively.
(h) Realized Losses on the Group 2 Mortgage Loans that are not Applied Loss Amounts shall be deemed allocated to the extent that such allocation would result Class 2-X Certificates. Realized Losses allocated to the Class 2-X Certificates shall, be allocated between the REMIC IV Regular Interests 2-X-IO and 2-X-PO as provided in the reduction definition of Realized Losses.
(i) Realized Losses shall be allocated among the aggregate Class Certificate Balances of all REMIC I, REMIC II, REMIC III and REMIC IV Regular Interests as specified in the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations definition of Realized Losses on such dateand, as to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans REMIC I Regular Interests, REMIC II Regular Interests and REMIC III Regular Interests, in the related Mortgage Pool as definitions of the first day of the month of such Distribution DateREMIC I Realized Losses, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitationREMIC II Realized Losses and REMIC III Realized Losses, the "Loss Allocation Limitation")respectively.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Adjustable Rate Mortgage Loan Trust 2007-2), Pooling and Servicing Agreement (Adjustable Rate Mortgage Loan Trust 2007-2)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Trustee shall aggregate the information provided by the Servicer shall determine with respect to the total amount of any Realized Loss in Losses, with respect of each to the Mortgage Loan that occurred during Loans for the immediately preceding calendar monthrelated Distribution Date.
(b) With respect to any On each Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) Losses with respect to a Mortgage Pool such Distribution Date shall be allocated as follows:
(i) Realized Losses shall be allocated in the following order: FIRST, to the Classes of Subordinate Certificates in reverse order of priority:
their respective numerical Class designations (ibeginning with the Class of Subordinate Certificates with the highest numerical Class designation) until the Class Principal Amount of each such Class is reduced to zero; and SECOND, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the Senior Classes relating to such Mortgage Pool on a pro rata basis, provided, however, that any portion of any Realized Loss that would otherwise be allocated to the Class B-6 2-A-2 Certificates will instead be allocated to the Class 2-A-3 Certificates until the Class Certificate Balance Principal Amount thereof has been reduced to zero;), in each case, until the Class Principal Amount of each Class of Senior Certificates is reduced to zero.
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;Reserved.
(iii) The Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount, if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the Class B-4 Certificates until distribution of principal and the Class Certificate allocation of Realized Losses, on such Distribution Date) exceeds the Aggregate Stated Principal Balance thereof has been reduced to zero;for the following Distribution Date.
(iv) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class B-3 Certificates until Principal Amount thereof by the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes amount of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balancessuch loss.
(c) With respect to any Distribution DateNotwithstanding the other provisions of Section 5.03, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation first $0.84 of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall not be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")Certificates.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust MLCC Series 2004-1), Pooling and Servicing Agreement (MERRILL LYNCH MORT INV TRUST SERIES MLCC Series 2005-1)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances; provided, (x) that the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class I-A-1 Certificates will instead be borne by the Class I-A-2 Certificates (in addition to other Realized Losses allocated to the Class I-A-2 Certificates), and not by the Class I-A-1 Certificates for so long as the Class Certificate Balance of the Class I-A-2 Certificates is greater than zero, and (y) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class II-A-1 Certificates will instead be borne by the Class II-A-2 Certificates (in addition to other Realized Losses allocated to the Class II-A-2 Certificates), and not by the Class II-A-1 Certificates for so long as the Class Certificate Balance of the Class II-A-2 Certificates is greater than zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine inform the Trustee in writing: (1) whether any Realized Loss is a Deficient Valuation, a Debt Service Reduction, a Fraud Loss or a Special Hazard Loss, (2) of the amount of any such loss or Deficient Valuation, or of the terms of such Debt Service Reduction and (3) of the total amount of Realized Loss in Losses. Based on such information, the Trustee shall determine the total amount of Realized Losses, including Excess Losses, with respect of each Mortgage Loan that occurred during to the immediately preceding calendar month.
(b) With related Distribution Date. Realized Losses with respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool Date shall be allocated in the following order of priorityas follows:
(i) the applicable PO Percentage of any Realized Loss with respect to a Discount Mortgage Loan, including any Excess Loss, shall be allocated to the Class B-6 A-PO Certificates until the Class Certificate Balance thereof has is reduced to zero; and
(1) the applicable Non-PO Percentage of any Realized Loss (other than an Excess Loss) shall be allocated first to the Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class of Subordinate Certificates then outstanding with the highest numerical Class designation) until the respective Class Certificate Balance of each such Class is reduced to zero, and second to the Senior Certificates (other than the Notional Amount Certificates and the Class A-PO Certificates), pro rata, on the basis of their respective Class Certificate Balances immediately prior to the related Distribution Date until the Class Certificate Balances thereof have been reduced to zero;; and
(ii2) the applicable Non-PO Percentage of any Excess Losses shall be allocated to the Class B-5 Senior Certificates until (other than the Notional Amount Certificates and the Class Certificate Balance thereof has been reduced to zero;
(iiiA-PO Certificates) to and the Class B-4 Subordinate Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Groupthen outstanding, pro rata, in accordance with on the basis of their respective Class Certificate Balances.
(b) The Class Certificate Balance of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount, if any, by which the aggregate of the Class Certificate Balances of all outstanding Classes of Certificates (after giving effect to the distribution of principal and the allocation of Realized Losses and Class A-PO Deferred Amounts on such Distribution Date) exceeds the Pool Stated Principal Balance for the following Distribution Date.
(c) With respect to any Distribution Date, the principal portion of any Excess Any Realized Loss with respect allocated to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of or any reduction in the related Certificate Group based on their respective Class Certificate Balances (in the case Balance of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b5.03(b) or (c) above shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Percentage Interests.
(d) Any allocation of Realized Losses to a Certificate or any reduction in the Certificate Balance of a Certificate, pursuant to this paragraph (dSection 5.03(b) above shall be accomplished by reducing the Certificate Principal Balances of Balance thereof prior to the related Certificates distributions made on the related Distribution Date in accordance with Section 4.4(e)the definition of "Certificate Balance.
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Nationsbanc Montgomery Funding Corp), Pooling and Servicing Agreement (Nationsbanc Montgomery Funding Corp)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Principal Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Servicer Class Principal Balance of each Class of Subordinate Certificates shall determine be reduced by the amount of any Realized Applied Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution DateAmount for such date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to in reduction of the Class B-6 Certificates Principal Balance of the Class B-3 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(ii) to in reduction of the Class B-5 Certificates Principal Balance of the Class B-2 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(iii) to in reduction of the Class B-4 Certificates Principal Balance of the Class B-1 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(iv) to in reduction of the Class B-3 Certificates Principal Balance of the Class M-4 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(v) to in reduction of the Class B-2 Certificates Principal Balance of the Class M-3 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(vi) to in reduction of the Class B-1 Certificates Principal Balance of the Class M-2 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;; and
(vii) to the Classes of Senior Certificates in reduction of the related Certificate GroupClass Principal Balance of the Class M-1 Certificates, pro rata, in accordance with their until the Class Certificate BalancesPrincipal Balance thereof has been reduced to zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(db) Any Realized Losses so allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balancesprincipal balances. Any allocation of Realized Losses an Applied Loss Amount pursuant to this paragraph (d) Section shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in applicable Class and the principal balance of each related Mortgage Pool as of Certificate on the first day of the month of such applicable Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-A), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2005-C)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Servicer shall determine calculate the amount of any aggregate Realized Loss in Losses for such Distribution Date based on the information with respect of to losses as reported to it by each Mortgage Loan that occurred during the immediately preceding calendar monthServicer.
(b) With respect to any On each Distribution Date, the Securities Administrator shall allocate the principal portion of each Realized Loss (other than any Excess Loss) with respect Losses as follows: first, to a Mortgage Pool shall be allocated the Classes of Subordinate Certificates in the following reverse order of priority:
their respective numerical Class designations (ibeginning with the Class B-5 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to the Class B-6 Certificates A-1, Class A-2 and Class A-3 Certificates, pro rata, until the their respective Class Certificate Balance thereof has Principal Amounts have been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any On each Distribution Date, the principal portion Class Principal Amount of any Excess Loss the Class of Subordinate Certificates then outstanding with respect the highest numerical Class designation shall be reduced on each Distribution Date by the Certificate Writedown Amount and if no Subordinate Certificates are then outstanding the Class Principal Amounts of the Class A-1, Class A-2 and Class A-3 Certificates shall be reduced, pro rata in accordance with their respective Class Principal Amounts, by the Certificate Writedown Amount.
(d) Any allocation of a loss pursuant to this section to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) Class of Certificates shall be allocated pro rata achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of the related a Certificate Group based on Writedown Amount or Realized Loss will be increased, in order of seniority, and pro rata in accordance with their respective Class Certificate Balances (Principal Amounts in the case of the Senior Certificates) or Apportioned Principal Balances Certificates (in other than the case of the Subordinated Class A-IO Certificates), by the amount of such Subsequent Recovery.
(df) Any Realized Losses and the amount of any Certificate Writedown Amount allocated by this Section to a Class of Certificates shall be allocated to the corresponding Lower Tier REMIC Interest and shall reduce the Class Principal Amount of such Lower Tier REMIC Interest to the same extent that the Class Principal Amount of such Class of Certificates is reduced pursuant to the provisions of this Section. Subsequent Recoveries distributed to a Class of Certificates pursuant to Section 4.4(b) or (cthe provisions of subsection 5.03(e) shall be allocated among deemed to have been distributed to the corresponding Lower Tier REMIC Interest. To the extent that the Class Principal Amount of any Class of Certificates has been increased on account of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses Subsequent Recoveries pursuant to this paragraph (d) the provisions of subsection 5.03(e), the principal balance of the corresponding Lower Tier REMIC Interest shall be accomplished increased by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Datesame amount.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Any Class of Certificates or Lower-Tier Interest whose Class Principal Amount has been reduced to zero due to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, will nonetheless remain outstanding under this Agreement and will continue to an amount less than be entitled to receive Subsequent Recoveries until the aggregate Stated Principal Balance termination of the Mortgage Loans in the related Mortgage Pool as Trust Fund; provided, however, that no such Class of the first day of the month of such Distribution Date, less Certificates will have voting rights with respect to matters under this Agreement requiring or permitting actions to be taken by any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")Certificateholders.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2012-2), Pooling and Servicing Agreement (Sequoia Mortgage Trust 2012-2)
Allocation of Losses. (a) On or prior Realized Losses on the Mortgage Loans with respect to each Determination Date, any Distribution Date shall be allocated by the Master Servicer shall determine Trust Administrator to the amount Classes of Certificates as follows: any Realized Loss shall be allocated first, from Remaining Excess Spread for that Distribution Date; second, by a reduction in respect the Overcollateralization Amount until reduced to zero; third, to the Class M-2 Certificates until the Class Principal Balance thereof is reduced to zero; fourth, to the Class M-1 Certificates until the Class Principal Balance thereof is reduced to zero; and fifth, to each Class of each Mortgage Loan that occurred during the immediately preceding calendar monthClass A Certificates on a pro rata basis.
(b) With respect to any On each Distribution Date, if the aggregate Class Principal Balance of all Certificates exceeds the aggregate Principal Balance of the Mortgage Loans (after giving effect to distributions of principal portion and the allocation of each Realized Loss (other than any Excess Loss) with respect all losses to such Certificates on such Distribution Date), such excess will be deemed a Mortgage Pool principal loss and shall be allocated by the Trust Administrator to each Class of Certificates then outstanding in the following order of priority:
described in clause (ia) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balancesabove.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses Loss allocated to a Class of Certificates or any reduction in the Class Principal Balance of a Class of Certificates pursuant to this Section 4.4(b) or (c) 4.02 shall be allocated by the Trust Administrator among the Certificates of such Class in proportion to their respective Certificate Principal Balances. .
(d) Any allocation by the Trust Administrator of Realized Losses to a Certificate or any reduction in the Certificate Principal Balance of a Certificate pursuant to this paragraph (dSection 4.02(b) shall be accomplished by reducing the Certificate Principal Balances of Balance thereof, immediately following the related Certificates distributions made on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 Date. No Class of Certificate shall be allocated losses pursuant to this Section in excess of its then outstanding Class Principal Balance. An allocation of a Realized Loss on a "pro rata basis" among two or more Classes of Certificates means an allocation to each of those Classes of Certificates on the basis of their then outstanding Class Principal Balances, prior to giving effect to distributions to be made on that Distribution Date in the month following the month in which such loss was incurred andDate, in the case of an allocation of the principal portion thereofof a Realized Loss, after giving effect to or based on the distributions made on such Class Monthly Accrued Interest thereon in respect of that Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction Date in the Class Certificate Balance case of allocation of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates interest portion of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")Loss.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American General MRT Ln Asst BCKD Ps THR CRTS Sr 2003-1), Pooling and Servicing Agreement (American General MRT Ln Asst BCKD Ps THR CRTS Sr 2003-1)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall inform the Trustee in writing with respect to each Mortgage Loan: (1) whether any Realized Loss is a Deficient Valuation or a Debt Service Reduction, (2) of the amount of such loss or Deficient Valuation, or of the terms of such Debt Service Reduction and (3) of the total amount of Realized Losses on the Mortgage Loans in each Loan Group. Based on such information, the Trustee shall determine the total amount of any Realized Loss Losses on the Mortgage Loans in each Loan Group with respect to the related Distribution Date. The principal portion of each Realized Losses on the Mortgage Loans in a Loan that occurred during the immediately preceding calendar month.
(b) With Group with respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool Date shall be allocated in the following order of priorityas follows:
(i) the applicable PO Percentage of the principal portion of any Realized Loss with respect to a Discount Mortgage Loan in such Loan Group shall be allocated to the Class B-6 Certificates A-PO Component of the Related Group until the Class Certificate Balance thereof has been is reduced to zero;; and
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes applicable Non-PO Percentage of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Realized Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) Loan in such Loan Group shall be allocated pro rata first to each Class of the Subordinate Certificates of the related Related Group in reverse order of their respective numerical Class designations (beginning with the Class of Subordinate Certificates of the Related Group then outstanding with the highest numerical Class designation) until the respective Class Certificate Group based Balance of each such Class is reduced to zero, and second to the Senior Certificates of the Related Group, pro rata, on the basis of their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated immediately prior to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in until the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect Balances thereof have been reduced to distributions made on such Distribution Datezero.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Banc of America Mortgage Securities Pass Thru Cert 2003-6), Pooling and Servicing Agreement (Banc of America Mort Sec Inc Mort Pass THR Certs Ser 2003-5)
Allocation of Losses. (a) On or prior to each Determination Date, The Senior and Group C-B Certificates. Realized Losses on the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With Loans with respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool Date shall be allocated in by the following order Trust Administrator to the Classes of prioritySenior and Group C-B Certificates as follows:
(i) any Realized Loss on a Mortgage Loan shall be allocated first, to the Group C-B Certificates in decreasing order of their alphanumerical Class designations (beginning with the Class C-B-6 Certificates Certificates), until the respective Class Certificate Principal Balance thereof has been of each such Class is reduced to zero;
(ii) , and second, to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of (other than the related Certificate GroupNotional Amount Certificates), pro rata, in accordance with on the basis of their respective Class Certificate Principal Balances; provided, however, that Realized Losses which would otherwise be allocated to the Class A-3 Certificates, will instead be allocated to the Class A-5 Certificates, until the Class Principal Balance of the Class A-5 Certificates is reduced to zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(fb) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances Principal Balance of all the Senior and Class C-B Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than exceeds the aggregate Stated Principal Balance of the Mortgage Loans in (after giving effect to distributions of principal and the related Mortgage Pool as allocation of the first day of the month of all losses to such Certificates on such Distribution Date), less any Deficient Valuations occurring on or prior such excess will be deemed a principal loss and shall be allocated by the Trust Administrator to the Bankruptcy Coverage Termination most junior Class of Group C-B Certificates then outstanding, in reduction of its Class Principal Balance.
(c) Any allocation by the Trust Administrator of Realized Losses to a Certificate or any reduction in the Certificate Balance of a Certificate pursuant to this Section 4.02 shall be accomplished by reducing its Certificate Balance, immediately following the distributions made on the related Distribution Date (such limitation, in accordance with the "Loss Allocation Limitation")definition of “Certificate Balance.”
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-6), Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-6)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Certificates on any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to on a Mortgage Pool Loan shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) as follows: first, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; second, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; third, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; fourth, to the Classes of Class M-3 Certificates until the Class Certificate Balance thereof has been reduced to zero; fifth, to the Class M-2 Certificates until the Class Certificate Balance thereof has been reduced to zero; sixth, to the Class M-1 Certificates until the Class Certificate Balance thereof has been reduced to zero; seventh, to the Senior Certificates of (other than the related Certificate Group, pro rata, in accordance with their Class A-IO Certificates) until the Class Certificate BalancesBalances thereof have been reduced to zero.
(c) With respect to any Distribution Date, the principal portion Any allocation of any Excess a Realized Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to a Debt Service ReductionsReduction) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall Certificate will be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished made by reducing the Class Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred andBalance thereof, in the case of the principal portion thereofof such Realized Loss, after giving effect to the distributions made on such Distribution Date.
(f) On in each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in case until the Class Certificate Balance of such Class has been reduced to zero, and the Subordinated Accrued Certificate Interest thereon, in the case of the interest portion of such Realized Loss, by the amount so allocated as of the Distribution Date occurring in the month following the calendar month in which such Realized Loss was incurred. In addition, any such allocation of a Realized Loss to a Class M Certificate or Class B Certificate may also be made by operation of the payment priority to the Senior Certificates set forth under “—Principal Distributions on the Senior Certificates” and any Class of Class M Certificates or Class B Certificates with a higher payment priority. As used herein, “Debt Service Reduction” means a corresponding reduction in the Class Certificate Balance amount of the Subordinated Certificatesmonthly payment due to certain bankruptcy proceedings, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoingbut does not include any permanent forgiveness of principal. As used herein, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates “Subordination” refers to the extent that such provisions discussed above for the sequential allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on among the various Classes, as well as all provisions effecting such date, to an amount less than allocations including the aggregate Stated Principal Balance priorities for distribution of the Mortgage Loans cash flows in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")amounts described herein.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Merrilll Lynch Mortgage Investors Trust, Series 2005-A10), Pooling and Servicing Agreement (Merrilll Lynch Mortgage Investors Trust, Series 2005-A10)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Certificates on any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to on a Mortgage Pool Loan shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) as follows: first, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; second, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; third, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; fourth, to the Classes of Senior Class M-3 Certificates until the Class Certificate Balance thereof has been reduced to zero; fifth, to the Class M-2 Certificates until the Class Certificate Balance thereof has been reduced to zero; sixth, to the Class M-1 Certificates until the Class Certificate Balance thereof has been reduced to zero; seventh, if the Realized Loss occurs on a Mortgage Loan in a Loan Group where the aggregate Stated Principal Balance of the related Certificate Group, pro rata, Mortgage Loans in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, such Loan Group is greater than the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the aggregate Class Certificate Balance of the Subordinated related Senior Certificates, the Realized Loss will be allocated to any Senior Certificates related to a corresponding reduction Loan Group where the aggregate Stated Principal Balance of the Mortgage Loans in such Loan Group is less than the aggregate Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the related Senior Certificates of a related Certificate Group as of (any such Distribution Date plus amount, the Apportioned Principal Balances of “Deficiency Amount”), pro rata, based on the Subordinated Certificates of such Certificate Group as of such Distribution Daterespective Deficiency Amount, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an in each case until the amount less than by which the aggregate Stated Principal Balance of the Mortgage Loans in the Loan Group in which the Realized Loss occurs exceeds the aggregate Class Certificate Balance of the related Mortgage Pool Senior Certificates until the Class Certificate Balances of such Senior Certificates have been reduced to zero; and eighth, to the Senior Certificates related to the Loan Group in which the Realized Loss occurred, until the Class Certificate Balances thereof have been reduced to zero.
(c) Any allocation of a Realized Loss (other than a Debt Service Reduction) to a Certificate will be made by reducing the Class Certificate Balance thereof, in the case of the principal portion of such Realized Loss, in each case until the Class Certificate Balance of such Class has been reduced to zero, and the Accrued Certificate Interest thereon, in the case of the interest portion of such Realized Loss, by the amount so allocated as of the first day Distribution Date occurring in the month following the calendar month in which such Realized Loss was incurred. In addition, any such allocation of a Realized Loss to a Class M Certificate or Class B Certificate may also be made by operation of the month of such Distribution Date, less any Deficient Valuations occurring on or prior payment priority to the Bankruptcy Coverage Termination Date (Senior Certificates set forth under “—Principal Distributions on the Senior Certificates” and any Class of Class M Certificates or Class B Certificates with a higher payment priority. As used herein, “Debt Service Reduction” means a reduction in the amount of the monthly payment due to certain bankruptcy proceedings, but does not include any permanent forgiveness of principal. As used herein, “Subordination” refers to the provisions discussed above for the sequential allocation of Realized Losses among the various Classes, as well as all provisions effecting such limitation, allocations including the "Loss Allocation Limitation")priorities for distribution of cash flows in the amounts described herein.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investor Trust Series MLCC 2005-3), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investor Trust Series MLCC 2005-3)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Servicer Trustee shall determine calculate the amount of any aggregate Realized Loss in Losses for such Distribution Date based on the information with respect of each Mortgage Loan that occurred during to losses as reported to it by the immediately preceding calendar monthServicer.
(b) With respect to any On each Distribution Date, the Trustee shall allocate the principal portion of each Realized Loss (other than any Excess Loss) with respect Losses as follows: first, to a Mortgage Pool shall be allocated the Classes of Subordinate Certificates in the following reverse order of priority:
their respective numerical Class designations (i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to beginning with the Class B-4 Certificates and ending with the Class B-1 Certificates) until the Class Certificate Balance thereof has been Principal Amount of each such Class is reduced to zero;
; and second, to each Class of Senior Certificates (ivother than the Interest-Only Certificates) to (allocated among the Class B-3 Senior Certificates on a pro rata basis), in each case, until the Class Certificate Balance thereof has been Principal Amount of such Class of Senior Certificates is reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any On each Distribution Date, the principal portion Class Principal Amount of any Excess Loss the Class of Subordinate Certificates then outstanding with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) the highest numerical Class designation shall be allocated pro rata to reduced on each Distribution Date by the Certificate Writedown Amount and if no Subordinate Certificates are then outstanding the Class of Certificates Principal Amount of the related Class A-1 Certificates shall be reduced by the Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates)Writedown Amount.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.
(f) Realized Losses and the amount of any Certificate Writedown Amount allocated by this Section to a Class of Certificates shall be allocated to the corresponding Lower Tier REMIC Interest and shall reduce the Class Principal Amount of such Lower Tier REMIC Interest to the same extent that the Class Principal Amount of such Class of Certificates is reduced pursuant to the provisions of this Section. Subsequent Recoveries distributed to a Class of Certificates pursuant to Section 4.4(b) or (cthe provisions of subsection 5.03(e) shall be allocated among deemed to have been distributed to the corresponding Lower Tier REMIC Interest. To the extent that the Class Principal Amount of any Class of Certificates has been increased on account of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses Subsequent Recoveries pursuant to this paragraph (d) the provisions of subsection 5.03(e), the principal balance of the corresponding Lower Tier REMIC Interest shall be accomplished increased by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Datesame amount.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Any Class of Certificates whose Class Principal Amount has been reduced to zero due to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, will nonetheless remain outstanding under this Agreement and will continue to an amount less than be entitled to receive Subsequent Recoveries until the aggregate Stated Principal Balance termination of the Mortgage Loans in the related Mortgage Pool as Trust Fund; provided, however, that any such Class of the first day of the month of such Distribution Date, less Certificates will not have any Deficient Valuations occurring on voting rights with respect to matters under this Agreement requiring or prior permitting actions to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")be taken by any Certificateholders.
Appears in 2 contracts
Samples: Pooling Agreement (Sequoia Mortgage Trust 2010-H1), Pooling Agreement (Sequoia Mortgage Trust 2010-H1)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Servicer shall determine calculate the amount of any aggregate Realized Loss in Losses for such Distribution Date based on the information with respect of to losses as reported to it by each Mortgage Loan that occurred during the immediately preceding calendar monthServicer.
(b) With respect to any On each Distribution Date, the Securities Administrator shall allocate the principal portion of Realized Losses as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-5 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each Realized Loss such Class is reduced to zero; and second, to the Class A Certificates (other than any Excess Loss) the Interest-Only Certificates), pro rata in accordance with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the their respective Class B-6 Certificates Principal Amounts, until the their respective Class Certificate Balance thereof has Principal Amounts have been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any On each Distribution Date, the principal portion Class Principal Amount of any Excess Loss the Class of Subordinate Certificates then outstanding with respect to a Mortgage Pool the lowest payment priority shall be reduced on each Distribution Date by the Certificate Writedown Amount and if no Subordinate Certificates are then outstanding the Class Principal Amounts of the Class A Certificates (other than Excess Bankruptcy Losses attributable to Debt Service Reductionsthe Interest-Only Certificates) shall be allocated reduced by the Certificate Writedown Amount, pro rata to each Class of Certificates of the related Certificate Group based on in accordance with their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates)Amounts.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Certificate Writedown Amount or Realized Loss will be increased, pro rata in accordance with their respective Class Principal Amounts in the case of the Class A Certificates (other than the Interest-Only Certificates) and sequentially in order of seniority in the case of the Subordinate Certificates, by the lesser of (i) the amount of such Subsequent Recovery (reduced by any amounts applied for this purpose to more senior-ranking Certificates) and (ii) the Realized Loss amount previously allocated to such Class.
(f) Realized Losses and the amount of any Certificate Writedown Amount allocated by this Section to a Class of Certificates shall be allocated to the corresponding Lower Tier REMIC Interest and shall reduce the Class Principal Amount of such Lower Tier REMIC Interest to the same extent that the Class Principal Amount of such Class of Certificates is reduced pursuant to the provisions of this Section. Subsequent Recoveries distributed to a Class of Certificates pursuant to Section 4.4(b) or (cthe provisions of subsection 5.03(e) shall be allocated among deemed to have been distributed to the corresponding Lower Tier REMIC Interest. To the extent that the Class Principal Amount of any Class of Certificates has been increased on account of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses Subsequent Recoveries pursuant to this paragraph (d) the provisions of subsection 5.03(e), the principal balance of the corresponding Lower Tier REMIC Interest shall be accomplished increased by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Datesame amount.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Any Class of Certificates or Lower-Tier Interest whose Class Principal Amount has been reduced to zero due to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, will nonetheless remain outstanding under this Agreement and will continue to an amount less than be entitled to receive Subsequent Recoveries until the aggregate Stated Principal Balance termination of the Mortgage Loans in the related Mortgage Pool as Trust Fund; provided, however, that no such Class of the first day of the month of such Distribution Date, less Certificates will have voting rights with respect to matters under this Agreement requiring or permitting actions to be taken by any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")Certificateholders.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2013-4), Pooling and Servicing Agreement (Sequoia Mortgage Trust 2013-4)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;; and
(vii) to the Classes of Senior Certificates or Components (in the case of the Class 2AB3 Certificates) of the related Certificate Group, pro rata, in accordance with their Class Certificate BalancesBalances or Component Principal Balance (in the case of the Class 2AB3 Certificates); provided, that (a) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class I-A-1 Certificates will instead be borne first by the Class I-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class I-A-2 Certificates), and not by the Class I-A-1 Certificates, for so long as the Class Certificate Balance of the Class I-A-2 Certificates is greater than zero, (b) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class II-A-1 Certificates will instead be borne first by the Group II Component of the Class 2AB3 Certificates until the Component Principal Balance of the Group II Component of the Class 2AB3 Certificates is reduced to zero (in addition to other Realized Losses allocable to the Group II Component of the Class 2AB3 Certificates), and not by the Class II-A-1 Certificates, for so long as the Component Principal Balance of the Group II Component of the Class 2AB3 Certificates is greater than zero, (c) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class III-A-1 Certificates will instead be borne first by the Group III Component of the Class 2AB3 Certificates until the Component Principal Balance of the Group III Component of the Class 2AB3 Certificates is reduced to zero (in addition to other Realized Losses allocable to the Group III Component of the Class 2AB3 Certificates), and not by the Class III-A-1 Certificates, for so long as the Component Principal Balance of the Group III Component of the Class 2AB3 Certificates is greater than zero; and (d) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class IV-A-1 Certificates will instead be borne first by the Class IV-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class IV-A-2 Certificates), and not by the Class IV-A-1 Certificates, for so long as the Class Certificate Balance of the Class IV-A-2 Certificates is greater than zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates or Components (in the case of the Class 2AB3 Certificates) of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Component Principal Balances (in the case of the Class 2AB3 Certificates), each in the case of the Senior Certificates, or Apportioned Principal Balances, in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates or Component (in the case of the Class 2AB3 Certificates) pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class or Component (in the case of the Class 2AB3 Certificates) in proportion to their respective Certificate Principal BalancesBalances or Component Principal Balances (in the case of the Class 2AB3 Certificates). Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances or Component Principal Balance (in the case of the Class 2AB3 Certificates) of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates or a Component (in the case of the Class 2AB3 Certificates) to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances and Component Principal Balances (in the case of the Class 2AB3 Certificates) of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "“Loss Allocation Limitation"”).
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (First Horizon Asset Sec Mort Pass THR Certs Ser 2006-Aa4), Pooling and Servicing Agreement (First Horizon Asset Sec Mort Pass THR Certs Ser 2006-Fa4)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Special Hazard Loss, Excess Fraud Loss and Excess Bankruptcy Loss) with respect to a Mortgage Pool shall be allocated in the following order of priorityas follows:
(i) the applicable PO Percentage of any such Realized Loss shall be allocated to the Class B-6 PO Certificates; and
(ii) the applicable Non-PO Percentage of any such Realized Loss shall be allocated as follows: first, to the Class [ ] Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(ii) ; second, to the Class B-5 [ ] Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(iii) ; third, to the Class B-4 [ ] Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 [ ] Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 [ ] Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 [ ] Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(vii) ; and seventh, to the Classes of Senior Certificates of (other then the related Certificate GroupClass [ ], Class PO and Class X Certificates), pro rata, in accordance with their Class Certificate BalancesCurrent Principal Amounts.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses those attributable to Debt Service Reductions) shall be allocated pro rata as follows:
(i) the applicable PO Percentage of any such Excess Loss shall be allocated to each the Class PO Certificates; and
(ii) the applicable Non-PO Percentage of any such Excess Loss shall be allocated among all Classes of Certificates of (other than the related Certificate Group Class [ ], Class PO and Class X Certificates), pro rata, based on their the respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Current Principal Balances (in the case of the Subordinated Certificates)Amounts thereof.
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances Current Principal Amounts of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Scheduled Principal Balance of all of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
(e) Any Realized Losses allocated to a Class of Certificates pursuant to Section 6.02(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Current Principal Amounts. Any allocation of Realized Losses pursuant to this Section 6.02(e) shall be accomplished by reducing the Current Principal Amount of the related Certificates on the related Distribution Date in accordance with Section 6.02(f).
(f) Realized Losses allocated in accordance with this Section 6.02 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to distributions made on such Distribution Date, except that the aggregate amount of Realized Losses to be allocated to the Class PO Certificates on such Distribution Date will be taken into account in determining distributions in respect of the Class PO Deferred Amount.
(g) On each Distribution Date, the Master Servicer shall determine the Subordinate Certificate Writedown Amount, if any. Any such Certificate Writedown Amount shall effect a corresponding reduction in the Current Principal Amount of (i) if prior to the Cross-Over Date, the Subordinate Certificates in the reverse order of their numerical Class designations and (ii) after the Cross-Over Date, the Senior Certificates (other than the Class PO and Class X Certificates) pro rata based in their respective Current Principal Amounts, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(h) On each Distribution Date, on or prior to the Cross-Over Date, the Master Servicer shall determine the Class PO Deferred Payment Amount Writedown Amount, if any. Any such Class PO Deferred Payment Writedown Amount shall effect a corresponding reduction in the Current Principal Amount of the Subordinate Certificates in the reverse order of their numerical Class designations.
(i) If on any Distribution Date the Group I Available Funds are less than the Accrued Certificate Interest on the Class A-I and Residual Certificates and the Class X Component I Accrued Certificate Interest on Component I of the Class X Certificates or if the Group II Available Funds are less than the Accrued Certificate Interest on the Class A-II Certificates and the Class X Component II Accrued Certificate Interest on Component II of the Class X Certificates, in each case for such Distribution Date and prior to reduction for Net Interest Shortfall and the interest portion of Realized Losses, the shortfall will be allocated among the holders of each such respective Class or Component in proportion to the respective amounts of Accrued Certificate Interest and Class X Component I Accrued Certificate Interest or Class X Component II Accrued Certificate Interest, as applicable, that would have been allocated thereto in the absence of such Net Interest Shortfall and/or Realized Losses for such Distribution Date on each such Class or Component. In addition, the amount of any interest shortfalls with respect to the related Mortgage Loan Group that are covered by subordination will constitute unpaid Accrued Certificate Interest or unpaid Class X Component I Accrued Certificate Interest or unpaid Class X Component II Accrued Certificate Interest and will be distributable to holders of the Certificates of the related Classes or Component entitled to such amounts on subsequent Distribution Dates, to the extent of Group I Available Funds or Group II Available Funds, as applicable, after interest distributions as required herein. Any such amount so carried forward will not bear interest.
(j) With respect to any Distribution Date prior to the Cross-Over Date, Realized Losses shall be allocated to the REMIC II Regular Certificates in a manner similar to the allocation of Realized Losses to the REMIC I Regular Certificates under this Section 6.02, except that any losses allocated to a Class B Certificate shall be allocated to the REMIC II Class II-B-1 Certificate if the loss is attributable to a Group I Mortgage Loan and shall be allocated to the REMIC II Class II-[ ] Certificate if the loss is attributable to a Group II Mortgage Loan. With respect to any Distribution Date after the Cross-Over Date, Realized Losses shall be allocated to the REMIC II Regular Certificates in an amount such that distributions on the REMIC II Regular Certificates are an amount sufficient to make the distributions on the respective Corresponding Classes of Certificates on such Distribution Date in accordance with the provisions of Section 6.01(a).
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp), Pooling and Servicing Agreement (Gs Mortgage Securities Corp)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Servicer Class Principal Balance of each Class of Subordinate Certificates shall determine be reduced by the amount of any Realized Applied Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution DateAmount for such date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to in reduction of the Class B-6 Certificates Principal Balance of the Class B-2 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(ii) to in reduction of the Class B-5 Certificates Principal Balance of the Class B-1 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(iii) to in reduction of the Class B-4 Certificates Principal Balance of the Class M-4 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(iv) to in reduction of the Class B-3 Certificates Principal Balance of the Class M-3 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(v) to in reduction of the Class B-2 Certificates Principal Balance of the Class M-2 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;; and
(vi) to in reduction of the Class B-1 Certificates Principal Balance of the Class M-1 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(db) Any Realized Losses so allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balancesprincipal balances. Any allocation of Realized Losses an Applied Loss Amount pursuant to this paragraph (d) Section shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in applicable Class and the principal balance of each related Mortgage Pool as of Certificate on the first day of the month of such applicable Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Certificates, Series 2005-B), Pooling and Servicing Agreement (Bayview Financial Securties Company, LLC Mortgage Pass-Through Certificates, Series2004-D)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion Trustee shall allocate any excess of each Realized Loss (other than any Excess Loss) with respect the aggregate Class Principal Balance of the Certificates over the aggregate Stated Principal Balance of the Mortgage Loans to a Mortgage Pool shall be allocated reduce the Class Principal Balances of the Subordinate Certificates in the following order of priority:
(i) to the Class B-6 Certificates B-3 Certificates, until the Class Certificate Principal Balance thereof has been is reduced to zero;
(ii) to the Class B-5 Certificates B-2 Certificates, until the Class Certificate Principal Balance thereof has been is reduced to zero;
(iii) to the Class B-4 Certificates B-1 Certificates, until the Class Certificate Principal Balance thereof has been is reduced to zero;
(iv) to the Class B-3 Certificates M-6 Certificates, until the Class Certificate Principal Balance thereof has been is reduced to zero;
(v) to the Class B-2 Certificates M-5 Certificates, until the Class Certificate Principal Balance thereof has been is reduced to zero;
(vi) to the Class B-1 M-4 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(vii) to the Classes of Class M-3 Certificates until the Class Principal Balance thereof has been reduced to zero;
(viii) to the Class M-2 Certificates until the Class Principal Balance thereof is reduced to zero; and
(ix) to the Class M-1 Certificates until the Class Principal Balance thereof is reduced to zero.
(b) Realized Losses shall not be allocated to the Senior Certificates of or the related Certificate Group, pro rata, in accordance with their Class Certificate BalancesP Certificates.
(c) With respect to any Distribution DateNotwithstanding the foregoing, the principal portion Class Principal Balance of a Class of Subordinate Certificates that has been reduced because of allocations of Realized Losses may also be increased as a result of Subsequent Recoveries. If a final liquidation of a Mortgage Loan resulted in a Realized Loss and thereafter the Servicer receives a recovery specifically related to that Mortgage Loan, such recovery (net of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductionsreimbursable expenses) shall be allocated pro rata distributed to each Class of Certificates of the related Certificate Group based Certificateholders on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the any Distribution Date in the month following the month in which such loss was incurred and, same manner as prepayments received in the case related Prepayment Period. In addition, the Class Principal Balance of each Class of Subordinate Certificates to which Realized Losses have been allocated, shall be increased, sequentially in the principal portion thereoforder of payment priority, after giving effect to the distributions made on extent that such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of Subsequent Recoveries are distributed as principal to any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Subordinate Certificates to the extent that such allocation would result in (i) the reduction related Realized Loss was allocated to any Class of the aggregate Class Certificate Balances of all the Senior Subordinate Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than (ii) the aggregate Stated Principal Balance of the Mortgage Loans as of immediately preceding Due Date (after giving effect to unscheduled receipts of principal in the Prepayment Period related Mortgage Pool as to that prior Due Date) exceeds the aggregate Class Principal Balance of the first day Senior Certificates immediately prior to that Distribution Date. However, the Class Principal Balance of each such Class of Subordinate Certificates will not be increased by more than the amount of Realized Losses previously applied to reduce the Class Principal Balance of each such Class of Subordinate Certificates. Holders of Certificates whose Class Principal Balance is increased in this manner shall not be entitled to interest on the increased balance for any Interest Accrual Period preceding the Distribution Date on which the increase occurs. The foregoing provisions shall apply even if the Class Principal Balance of a Class of Subordinate Certificates was previously reduced to zero. Accordingly, each Class of Subordinate Certificates will be considered to remain outstanding until the termination of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")Trust Fund.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Sast 2007-2), Pooling and Servicing Agreement (Saxon Asset Securities Trust 2007-1)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Any Applied Realized Loss Amount for a Distribution Date will be allocated against the Class B, Class M-6, Class M-5, Class M-4, Class M-3, Class M-2 and Class M-1 Certificates, in respect of each Mortgage Loan that occurred during order and until the immediately preceding calendar month.
(b) With respect respective Certificate Principal Balances thereof are reduced to zero. In addition, any Distribution Date, the principal portion of each Class A-1A Applied Realized Loss (other than any Excess Loss) with respect to Amount for a Mortgage Pool shall Distribution Date will be allocated in the following order of priority:
(i) to against the Class B-6 A-1A Certificates until the Class their Certificate Principal Balance thereof has been reduced to zero;
. On any Distribution Date on which the Class M-1 Applied Realized Loss Amount is calculated pursuant to clause (x) of the definition thereof, Realized Losses with respect to (i) the Group 1 Mortgage Loans shall be applied to reduce the Certificate Principal Balance of the Class M-1 Certificates in an amount up to the product of (a) the amount of Realized Losses with respect to the Group 1 Mortgage Loans divided by the amount of Realized Losses with respect to all the Mortgage Loans and (b) the Certificate Principal Balance of Class M-1 Certificates and (ii) the Group 2 Mortgage Loans shall be applied to reduce the Certificate Principal Balance of the Class M-1 Certificates in an amount up to the product of (a) the amount of Realized Losses with respect to the Group 2 Mortgage Loans divided by the amount of Realized Losses with respect to all the Mortgage Loans and (b) the Certificate Principal Balance of Class B-5 M-1 Certificates. To the extent of any Class A-1A Applied Realized Loss Amount for such Distribution Date, any remaining Realized Losses with respect to the Group 1 Mortgage Loans will be allocated against the Class A-1A Certificates until the Class their Certificate Principal Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Abfc Asset-Backed Certificates Series 2004-Opt2), Pooling and Servicing Agreement (Abfc Asset-Backed Certificates Series 2004-Opt2)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Trustee shall aggregate the information provided by each Servicer shall determine with respect to the total amount of any Realized Loss in Losses, including Excess Losses, with respect of each to the Mortgage Loan that occurred during Loans for the immediately preceding calendar monthrelated Distribution Date.
(b) With respect to any On each Distribution Date, the principal portion of each Realized Loss Losses, Bankruptcy Losses, Fraud Losses and Special Hazard Losses with respect to such Distribution Date shall be allocated as follows:
(i) Realized Losses, Bankruptcy Losses, Fraud Losses and Special Hazard Losses (other than any Excess LossLosses) with respect to a Mortgage Pool shall be allocated in the following order: first, to the Classes of Subordinate Certificates in reverse order of priority:
their respective numerical Class designations (ibeginning with the Class of Subordinate Certificates with the highest numerical Class designation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated, in the case of Pool among the related Senior Classes on a pro rata basis), in each case, until the Class Principal Amount of each Class of Senior Certificates is reduced to zero; provided, however, any such loss that would otherwise be allocated to the Class B-6 2A-1 Certificates shall first be allocated to the Class 2A-2 Certificates until the Class Certificate Balance thereof Principal Amount of the Class 2A-2 Certificates has been reduced to zero;
(ii) the principal portion of any Excess Losses in respect of a Mortgage Pool shall be allocated proportionately on a pro rata basis to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iiiA) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with Mortgage Pool on the basis of their Class Certificate Principal Amounts; provided, however, any such loss that would otherwise be allocated to the Class 2A-1 Certificates shall first be allocated to the Class 2A-2 Certificates until the Class Principal Amount of the Class 2A-2 Certificates has been reduced to zero; and (B) to the Classes of Subordinate Certificates on the basis of their Apportioned Principal Balances.
(ciii) With respect The Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount, if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to any the distribution of principal and the allocation of Realized Losses, Bankruptcy Losses, Fraud Losses and Special Hazard Losses and Excess Losses on such Distribution Date, ) exceeds the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of Aggregate Stated Principal Balance for the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates)following Distribution Date.
(div) Any Realized Losses allocated allocation of a loss pursuant to this section to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished achieved by reducing the Certificate Class Principal Balances of Amount thereof by the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as amount of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")loss.
Appears in 2 contracts
Samples: Trust Agreement (Sequoia Residential Funding Inc), Trust Agreement (Merrill Lynch Mortgage Investors Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine and report to the Trustee the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(bA) With respect to any Distribution Determination Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to on a Mortgage Pool Loan shall be allocated in the following order of priority:
(i) as follows: FIRST, to the Class B-6 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(ii) ; SECOND, to the Class B-5 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(iii) ; THIRD, to the Class B-4 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(iv) ; FOURTH, to the Class B-3 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(v) ; FIFTH, to the Class B-2 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(vi) ; SIXTH, to the Class B-1 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(vii) ; and SEVENTH, to the Classes of Senior Certificates of the related each Senior Certificate Group, pro ratain respect of a Mortgage Loan in the related Mortgage Loan Group.
(B) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to the extent that such allocation would result in accordance with their Class Certificate Balancesthe reduction of the aggregate Current Principal Amounts of all the Certificates as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Scheduled Principal Balance of the Mortgage Loans as of the first day of the month of such Distribution Date (such limitation, the "Loss Allocation Limitation").
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (cSubsection 6.03(b) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Current Principal BalancesAmounts. Any allocation of Realized Losses pursuant to this paragraph (dSubsection 6.03(c) shall be accomplished by reducing the Certificate Current Principal Balances Amount of the related Certificates on the related Distribution Date in accordance with Section 4.4(eSubsection 6.03(d).
(ed) Realized Losses allocated in accordance with this Section 4.4 6.03 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(fe) On each Distribution Date, the Master Servicer Trustee shall determine the Subordinated Subordinate Certificate Writedown Amount, if any. Any such Subordinated Subordinate Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, effect a corresponding reduction in the Current Principal Amount of each class of Subordinate Certificates in the reverse order of their numerical Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Datedesignations.
(f) [Reserved]
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Cross-Over Date (will not be allocated among any Senior Certificates. As a result of the subordination of the Subordinate Certificates in right of distribution, such limitation, Realized Losses will be borne first by the "Loss Allocation Limitation")Subordinate Certificates in inverse order of their numerical Class designations.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc), Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Servicer shall determine calculate the amount of any aggregate Realized Loss in Losses for such Distribution Date based on the information with respect of to losses as reported to it by each Mortgage Loan that occurred during the immediately preceding calendar monthServicer.
(b) With respect to any On each Distribution Date, the Securities Administrator shall allocate the principal portion of each Realized Loss (other than any Excess Loss) with respect Losses as follows: first, to a Mortgage Pool shall be allocated the Classes of Subordinate Certificates in the following reverse order of priority:
their respective numerical Class designations (i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to beginning with the Class B-5 Certificates and ending with the Class B-1 Certificates) until the Class Certificate Balance thereof has been Principal Amount of each such Class is reduced to zero;
(iii) ; and second, to the Class B-4 Certificates A-1 Certificates, until the Class Certificate Balance thereof has been Principal Amount of the Class A-1 Certificates is reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any On each Distribution Date, the principal portion Class Principal Amount of any Excess Loss the Class of Subordinate Certificates then outstanding with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) the highest numerical Class designation shall be allocated pro rata to reduced on each Distribution Date by the Certificate Writedown Amount and if no Subordinate Certificates are then outstanding the Class of Certificates Principal Amount of the related Class A-1 Certificates shall be reduced by the Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates)Writedown Amount.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Certificate Writedown Amount or Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.
(f) Realized Losses and the amount of any Certificate Writedown Amount allocated by this Section to a Class of Certificates shall be allocated to the corresponding Lower Tier REMIC Interest and shall reduce the Class Principal Amount of such Lower Tier REMIC Interest to the same extent that the Class Principal Amount of such Class of Certificates is reduced pursuant to the provisions of this Section. Subsequent Recoveries distributed to a Class of Certificates pursuant to Section 4.4(b) or (cthe provisions of subsection 5.03(e) shall be allocated among deemed to have been distributed to the corresponding Lower Tier REMIC Interest. To the extent that the Class Principal Amount of any Class of Certificates has been increased on account of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses Subsequent Recoveries pursuant to this paragraph (d) the provisions of subsection 5.03(e), the principal balance of the corresponding Lower Tier REMIC Interest shall be accomplished increased by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Datesame amount.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Any Class of Certificates whose Class Principal Amount has been reduced to zero due to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, will nonetheless remain outstanding under this Agreement and will continue to an amount less than be entitled to receive Subsequent Recoveries until the aggregate Stated Principal Balance termination of the Mortgage Loans in the related Mortgage Pool as Trust Fund; provided, however, that any such Class of the first day of the month of such Distribution Date, less Certificates will not have any Deficient Valuations occurring on voting rights with respect to matters under this Agreement requiring or prior permitting actions to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")be taken by any Certificateholders.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2011-2), Pooling and Servicing Agreement (Sequoia Mortgage Trust 2011-2)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Servicer shall determine calculate the amount of any aggregate Realized Loss in Losses for such Distribution Date based on the information with respect of to losses as reported to it by each Mortgage Loan that occurred during the immediately preceding calendar monthServicer.
(b) With respect to any On each Distribution Date, the Securities Administrator shall allocate the principal portion of Realized Losses as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-5 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each Realized Loss such Class is reduced to zero; and second, to the Senior Certificates (other than any Excess Loss) the Interest-only Certificates), pro rata in accordance with respect their respective Class Principal Amounts, until their respective Class Principal Amounts have been reduced to a Mortgage Pool shall zero; In addition, all Realized Losses that would otherwise be allocated in the following order of priority:
(i) to the Class B-6 A-[ ] and Class A-[ ] Certificates will first be allocated to the Class A-[ ] Certificates, until the Class Certificate Balance thereof Principal Amount of the Class A-[ ] Certificates has been reduced to zero;. Liquidation Proceeds and other recoveries on a Mortgage Loan shall be applied first to outstanding fees and expenses incurred with respect to such Mortgage Loan, including Advances, then, to principal and finally to accrued, unpaid interest.
(iic) to On each Distribution Date, the Class B-5 Principal Amount of the Class of Subordinate Certificates then outstanding with the lowest payment priority shall be reduced by the Certificate Writedown Amount and, on or after the Credit Support Depletion Date, the Class Principal Amounts of the Senior Certificates (other than the Interest-only Certificates) shall be reduced by the Certificate Writedown Amount, on a pro rata basis, in accordance with their respective Class Principal Amounts; provided, however, that any Certificate Writedown Amounts that would otherwise reduce the Class Principal Amount of the Class A-[ ] and Class A-[ ] Certificates will first reduce the Class Principal Amount of the Class A-[ ] Certificates until the Class Certificate Balance thereof Principal Amount of the Class A-[ ] Certificates has been reduced to zero;, and will then reduce the Class Principal Amounts of the Class A-[ ] and Class A-[ ] Certificates on a pro rata basis.
(iiid) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro ratastill outstanding, in accordance with their Section 5.02, and the Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion Principal Amount of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates then outstanding that has been reduced due to application of the related a Certificate Group based on Writedown Amount or Realized Loss will be increased, pro rata in accordance with their respective Class Certificate Balances (Principal Amounts in the case of the Senior Certificates (other than the Interest-only Certificates) or Apportioned Principal Balances (and sequentially in order of seniority in the case of the Subordinated Subordinate Certificates), by the lesser of (i) the amount of such Subsequent Recovery (reduced by any amounts applied for this purpose to more senior-ranking Certificates) and (ii) the Realized Loss amount previously allocated to such Class.
(df) Any Realized Losses and the amount of any Certificate Writedown Amount allocated by this Section to a Class of Certificates shall be allocated to the corresponding Lower-Tier Interests and Upper-Tier Interests and shall reduce the Class Principal Amount of such Lower-Tier Interests and Upper-Tier Interests to the same extent that the Class Principal Amount of such corresponding Class of Certificates is reduced pursuant to the provisions of this Section. Subsequent Recoveries distributed to a Class of Certificates pursuant to Section 4.4(b) or (cthe provisions of subsection 5.03(e) shall be allocated among deemed to have been distributed to the corresponding Lower-Tier Interests and Upper-Tier Interests. To the extent that the Class Principal Amount of any Class of Certificates has been increased on account of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses Subsequent Recoveries pursuant to this paragraph (d) the provisions of subsection 5.03(e), the principal balance of the corresponding Lower-Tier Interests and Upper-Tier Interests shall be accomplished increased by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Datesame amount.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Any Class of Certificates or Lower-Tier Interest whose Class Principal Amount has been reduced to zero due to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, will nonetheless remain outstanding under this Agreement and will continue to an amount less than be entitled to receive Subsequent Recoveries until the aggregate Stated Principal Balance termination of the Mortgage Loans in the related Mortgage Pool as Trust Fund; provided, however, that no such Class of the first day of the month of such Distribution Date, less Certificates will have voting rights with respect to matters under this Agreement requiring or permitting actions to be taken by any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")Certificateholders.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Sequoia Residential Funding Inc), Pooling and Servicing Agreement (Sequoia Residential Funding Inc)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Servicer shall determine aggregate the information provided by each Servicer with respect to the total amount of any Realized Loss Losses, including Excess Losses, experienced on the Mortgage Loans in respect of each Mortgage Loan that occurred during an Aggregate Pool for the immediately preceding calendar monthrelated Distribution Date.
(b) With respect to any On each Distribution Date, the principal portion of each Realized Loss Losses (other than any Excess LossLosses) with respect to a Mortgage Pool shall be allocated as follows: first, to the related Classes of Subordinate Certificates in the following reverse order of priority:
their respective numerical Class designations (ibeginning with the related Class of Subordinate Certificates with the highest numerical Class designation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Classes on a pro rata basis), in each case, until the Class Principal Amount of each such Class of Senior Certificates is reduced to zero; provided that any Realized Losses (other than Excess Losses) in Pool 4 otherwise allocable to the Class B-6 4-A-1 Certificates until shall be allocated to the Class Certificate Balance thereof has been 4-A-2 Certificates, until their respective Class Principal Amounts are reduced to zero;
(iii) to On each Distribution Date, any Excess Losses on the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) Mortgage Loans in a Mortgage Pool in an Aggregate Pool shall be allocated to the Classes of Senior Certificates of the related Certificate GroupGroup and the related Classes of Subordinate Certificates then outstanding, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Dateon the basis of, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on such Senior Certificates, their respective Class Certificate Balances (in Principal Amounts and, with respect to each related Class of Subordinate Certificates, the case of the Senior Certificates) or applicable Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of Balance for each such Class in proportion relating to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month Mortgage Pool in which such loss was incurred andExcess Losses occurs; provided, in the case of the principal portion thereofhowever, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(gx) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on third Senior Termination Date for a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution in Aggregate Pool I and (y) the second Senior Termination Date plus the Apportioned Principal Balances of the Subordinated Certificates of such for a Certificate Group as of in Aggregate Pool II, such Distribution Date, after giving effect to all distributions and prior allocations of Realized Excess Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as will be allocated to the related Senior Certificates and related Subordinate Certificates on the basis of their respective Class Principal Amounts; and provided, further, that after the related Credit Support Depletion Date for an Aggregate Pool, such Excess Losses shall be allocated pro rata to all Senior Certificates related to that Aggregate Pool, regardless of Certificate Group, on the basis of their respective Class Principal Amounts immediately prior to the related Distribution Date, until the respective Class Principal Amounts of each such Class are reduced to zero.
(ii) Notwithstanding the foregoing, if, on any Distribution Date after the related Credit Support Depletion Date with respect to an Aggregate Pool, a Special Hazard Loss on a Mortgage Loan in that Aggregate Pool is allocated to the related Classes of Senior Certificates, such Special Hazard Loss shall be allocated among such related Classes of Senior Certificates and the outstanding Classes of Subordinate Certificates related to the other Aggregate Pool in reverse order of their respective numerical Class designations (beginning with the Class of Subordinate Certificates with the highest numerical Class designation), pro rata, based on their respective Class Principal Amounts; provided, however, that any such Special Hazard Loss allocated to the Classes of Subordinate Certificates related to the other Aggregate Pool shall not exceed the remaining Special Hazard Loss Coverage Amount for such other Aggregate Pool.
(d) On each Distribution Date, the Class Principal Amount of the first day Class of Subordinate Certificates related to an Aggregate Pool then outstanding with the highest numerical Class designation shall be reduced by the amount, if any, by which the aggregate of the month Class Principal Amounts of all outstanding related Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date, less any Deficient Valuations occurring on or prior to ) exceeds the Bankruptcy Coverage Termination Aggregate Stated Principal Balance for that Aggregate Pool for the following Distribution Date (such limitationamount for any Distribution Date, the "Loss Allocation LimitationSubordinate Certificate Write-down Amount").
(e) With the exception of Section 5.03(c)(ii) hereof, any allocation of a loss pursuant to this Section 5.03 to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss. Any allocation of a Special Hazard Loss pursuant to Section 5.03(c)(ii) shall be achieved through cash flow diversions and entitlements to carry-forward amounts from the non-related Class or Classes of Subordinate Certificates to which such Special Hazard Loss was allocated, to the extent of principal distributions made on such Subordinate Certificates.
(f) If Subsequent Recoveries have been received with respect to a Liquidated Mortgage Loan, the amount of such Subsequent Recoveries will be applied sequentially, in the order of payment priority, to increase the Class Principal Amount of each Class of Certificates to which Realized Losses have been allocated, but in each case by not more than the amount of Realized Losses previously allocated to that Class of Certificates pursuant to this Section 5.03. Holders of such Certificates will not be entitled to any payment in respect of the Interest Distribution Amount on the amount of such increases for any Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied pro rata to the Principal Amount of each Certificate of such Class.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2004-A3), Pooling and Servicing Agreement (Sunset Financial Resources Inc)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Servicer shall determine calculate the amount of any aggregate Realized Loss in Losses for such Distribution Date based on the information with respect of to losses as reported to it by each Mortgage Loan that occurred during the immediately preceding calendar monthServicer.
(b) With respect to any On each Distribution Date, the Securities Administrator shall allocate the principal portion of each Realized Loss (other than any Excess Loss) with respect Losses as follows: first, to a Mortgage Pool shall be allocated the Classes of Subordinate Certificates in the following reverse order of priority:
their respective numerical Class designations (i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to beginning with the Class B-5 Certificates and ending with the Class B-1 Certificates) until the Class Certificate Balance thereof has been Principal Amount of each such Class is reduced to zero;
(iii) ; and second, in the case of a Mortgage Loan in Pool 1 that sustained such loss, to the Class B-4 Certificates 1-A1 Certificates, and in the case of a Mortgage Loan in Pool 2 that sustained such loss, to the Class 2-A1 Certificates, in each case, until the Class Certificate Balance thereof has been Principal Amount of such Class of Senior Certificates is reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any On each Distribution Date, the principal portion Class Principal Amount of any Excess Loss the Class of Subordinate Certificates then outstanding with respect the highest numerical Class designation shall be reduced on each Distribution Date by the Certificate Writedown Amount and if no Subordinate Certificates are then outstanding the Class Principal Amount of the Class 1-A1 or Class 2-A1 Certificates, as applicable, relating to a the Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) that sustained such loss shall be allocated pro rata to each Class of Certificates of reduced by the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates)Writedown Amount.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans in a Mortgage Pool shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Certificate Writedown Amount or Realized Loss relating to such Mortgage Pool (in the case of any Senior Certificates) will be increased, in order of seniority, by the amount of such Subsequent Recovery.
(f) Realized Losses and any Certificate Writedown Amounts allocated by this Section to a Class of Certificates shall be allocated to the Middle-Tier Interest that corresponds to both such Class of Certificates and to the Pool giving rise to such Realized Losses or Certificate Writedown Amounts, as applicable, and shall reduce the Class Principal Amount of such Middle-Tier Interest by the same amount that the Class Principal Amount of the Corresponding Class of Certificates is reduced pursuant to the provisions of this Section as a result of the Realized Losses or Certificate Writedown Amounts derived from such corresponding Pool. Realized Losses and any Certificate Writedown Amounts shall be allocated to the Lower-Tier Interests in the manner set forth in the definition for Lower-Tier REMIC Realized Losses. Subsequent Recoveries distributed to a Class of Certificates pursuant to Section 4.4(b) or (cthe provisions of subsection 5.03(e) shall be allocated among deemed to have been distributed to the Middle-Tier Interest that corresponds to both such Class of Certificates and to the Pool giving rise to such Subsequent Recoveries. Such Subsequent Recoveries shall be deemed to have been distributed to the Lower-Tier Interest Z-1 or Z-2 that corresponds to the Pool giving rise to such Subsequent Recoveries. To the extent that the Class Principal Amount of any Class of Certificates has been increased on account of Subsequent Recoveries pursuant to the provisions of subsection 5.03(e), the Class Principal Amount of the corresponding Middle-Tier Interest shall be increased by the same amount that the Class Principal Amount of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses Certificates is increased pursuant to the provisions of this paragraph (d) Section as a result of the Subsequent Recoveries derived from such Pool and the Class Principal Amount of the Lower-Tier Interests Z-1 and Z-2 shall be accomplished increased by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred andsame amount as derives from Pool 1 or Pool 2, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Daterespectively.
(g) Notwithstanding Any Class of Certificates, Middle-Tier Interest or Lower-Tier Interest whose Class Principal Amount has been reduced to zero due to the foregoingallocation of Realized Losses will nonetheless remain outstanding under this Agreement and will continue to be entitled to receive Subsequent Recoveries until the termination of the Trust Fund; provided, however, that no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates will have voting rights with respect to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect matters under this Agreement requiring or permitting actions to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less be taken by any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")Certificateholders.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2012-1), Pooling and Servicing Agreement (Sequoia Mortgage Trust 2012-1)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) : first, to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) ; second, to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) ; third, to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; seventh, to the Classes of Senior Certificates of the related Certificate GroupCertificates, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group Certificates, pro rata, based on their the respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates)thereof.
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates pro rata, based on the related Distribution Date in accordance with Section 4.4(e)respective Class Certificate balances thereof.
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, and (i) in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Principal Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Scheduled Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Servicer shall determine calculate the amount of any aggregate Realized Loss in Losses for such Distribution Date based on the information with respect of to losses as reported to it by each Mortgage Loan that occurred during the immediately preceding calendar monthServicer.
(b) With respect to any On each Distribution Date, the Securities Administrator shall allocate the principal portion of each Realized Loss (other than any Excess Loss) with respect Losses as follows: first, to a Mortgage Pool shall be allocated the Classes of Subordinate Certificates in the following reverse order of priority:
their respective numerical Class designations (ibeginning with the Class B-5 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to the Class B-6 Certificates A Certificates, pro rata in accordance with their respective Class Principal Amounts, until the their respective Class Certificate Balance thereof has Principal Amounts have been reduced to zero;.
(iic) to On each Distribution Date, the Class B-5 Certificates until Principal Amount of the Class of Subordinate Certificates then outstanding with the lowest payment priority shall be reduced on each Distribution Date by the Certificate Balance thereof has been reduced to zero;
(iii) to Writedown Amount and if no Subordinate Certificates are then outstanding the Class B-4 Certificates until Principal Amount of the Class A Certificates shall be reduced by the Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate GroupWritedown Amount, pro rata, rata in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates)Amounts.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Certificate Writedown Amount or Realized Loss will be increased, pro rata in accordance with their respective Class Principal Amounts in the case of the Class A Certificates and sequentially in order of seniority in the case of the Subordinate Certificates, by the lesser of (i) the amount of such Subsequent Recovery (reduced by any amounts applied for this purpose to more senior-ranking Certificates) and (ii) the Realized Loss amount previously allocated to such Class.
(f) Realized Losses and the amount of any Certificate Writedown Amount allocated by this Section to a Class of Certificates shall be allocated to the corresponding Lower Tier REMIC Interest and shall reduce the Class Principal Amount of such Lower Tier REMIC Interest to the same extent that the Class Principal Amount of such Class of Certificates is reduced pursuant to the provisions of this Section. Subsequent Recoveries distributed to a Class of Certificates pursuant to Section 4.4(b) or (cthe provisions of subsection 5.03(e) shall be allocated among deemed to have been distributed to the corresponding Lower Tier REMIC Interest. To the extent that the Class Principal Amount of any Class of Certificates has been increased on account of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses Subsequent Recoveries pursuant to this paragraph (d) the provisions of subsection 5.03(e), the principal balance of the corresponding Lower Tier REMIC Interest shall be accomplished increased by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Datesame amount.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Any Class of Certificates or Lower-Tier Interest whose Class Principal Amount has been reduced to zero due to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, will nonetheless remain outstanding under this Agreement and will continue to an amount less than be entitled to receive Subsequent Recoveries until the aggregate Stated Principal Balance termination of the Mortgage Loans in the related Mortgage Pool as Trust Fund; provided, however, that no such Class of the first day of the month of such Distribution Date, less Certificates will have voting rights with respect to matters under this Agreement requiring or permitting actions to be taken by any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")Certificateholders.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2013-3), Pooling and Servicing Agreement (Sequoia Mortgage Trust 2013-3)
Allocation of Losses. (a) On or prior The Group 1 and Group 1-B Certificates. Realized Losses on the Group 1 Mortgage Loans with respect to each Determination Date, any Distribution Date shall be allocated by the Master Servicer shall determine Trust Administrator to the amount Classes of Group 1 and Group 1-B Certificates as follows:
(i) any Realized Loss on a Group 1 Mortgage Loan, other than an Excess Loss, shall be allocated first, to the Group 1-B Certificates in respect decreasing order of their alphanumerical Class designations (beginning with the Class 1-B-6 Certificates), until the respective Class Principal Balance of each such Class is reduced to zero, and second, to the Senior Certificates (other than the Notional Amount Certificates) related to such Loan Group, pro rata, on the basis of their respective Class Principal Balances; provided, however, that (A) Realized Losses which would otherwise be allocated to the Class 1-A-1 Certificates, will instead be allocated to the Class 1-A-7 Certificates, until the Class Principal Balance of the Class 1-A-7 Certificates is reduced to zero, (B) Realized Losses which would otherwise be allocated to the Class 1-A-4 Certificates, will instead be allocated to the Class 1-A-11 Certificates, until the Class Principal Balance of the Class 1-A-11 Certificates is reduced to zero and (C) Realized Losses which would otherwise be allocated to the Class 1-A-10 Certificates, will instead be allocated to the Class 1-A-8 Certificates, until the Class Principal Balance of the Class 1-A-8 Certificates is reduced to zero..
(ii) Excess Losses for the Group 1 Mortgage Loan that occurred during Loans will be allocated among all Classes of Group 1 Certificates (other than the immediately preceding calendar monthClass A-P Notional Amount Certificates) and the Group 1-B Certificates, pro rata, based on their respective Class Principal Balances.
(b) With The Group 2, Group 3, Class A-P and Group C-B Certificates. Realized Losses on the Group 2 and Group 3 Mortgage Loans with respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool Date shall be allocated in by the following order Trust Administrator to the Classes of priorityGroup 2, Group 3 and Group C-B Certificates as follows:
(i) except as provided in the parenthetical below, any Realized Loss on a Group 2 or Group 3 Mortgage Loan, other than an Excess Loss, shall be allocated first, to the Group C-B Certificates in decreasing order of their alphanumerical Class designations (beginning with the Class C-B-6 Certificates Certificates), until the respective Class Certificate Principal Balance thereof has been of each such Class is reduced to zero;
(ii) , and second, to the Class B-5 Senior Certificates until (other than the Class Certificate Balance thereof has been reduced A-P and Notional Amount Certificates) related to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate such Loan Group, pro rata, on the basis of their respective Class Principal Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in accordance which case the applicable Class P Fraction of such loss will first be allocated to the Class A-P Certificates and the remainder of the loss will be allocated as described above); provided, however, that (A) Realized Losses which would otherwise be allocated to the Class 2-A-4 Certificates, will instead be allocated to the Class 2-A-3 Certificates, until the Class Principal Balance of the Class 2-A-3 Certificates is reduced to zero, (B) Realized Losses which would otherwise be allocated to the Class 3-A-1 Certificates, will instead be allocated to the Class 3-A-13 Certificates, until the Class Principal Balance of the Class 3-A-13 Certificates is reduced to zero and (C) Realized Losses which would otherwise be allocated to the Class 3-A-15 Certificates, will instead be allocated to the Class 3-A-14 Certificates, until the Class Principal Balance of the Class 3-A-14 Certificates is reduced to zero.
(ii) except as provided in parenthetical below, Excess Losses for the Group C-B Mortgage Loans will be allocated among all Classes of Group 2 and Group 3 Certificates (other than the Class A-P and Notional Amount Certificates) and Group C-B Certificates, pro rata, based on their respective Class Principal Balances (except if the loss is recognized with their respect to a Class Certificate BalancesP Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the Class A-P Certificates and the remainder of the loss will be allocated as described above).
(c) With respect to any On each Distribution Date, if the aggregate Class Principal Balance of all Group 1 and Group 1-B Certificates exceeds the aggregate Stated Principal Balance of the Group 1 Mortgage Loans (after giving effect to distributions of principal portion and the allocation of any Excess Loss with respect all losses to such Certificates on such Distribution Date), such excess will be deemed a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) principal loss and shall be allocated pro rata by the Trust Administrator to each the most junior Class of Group 1-B Certificates then outstanding, in reduction of the related Certificate Group based on their respective its Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates)Balance.
(d) Any Realized Losses allocated On each Distribution Date, if the aggregate Class Principal Balance of all Group 2, Group 3, Class A-P and Class C-B Certificates exceeds the aggregate Stated Principal Balance of the Group CB Mortgage Loans (after giving effect to distributions of principal and the allocation of all losses to such Certificates on such Distribution Date), such excess will be deemed a Class of Certificates pursuant to Section 4.4(b) or (c) principal loss and shall be allocated among by the Trust Administrator to the most junior Class of Group C-B Certificates then outstanding, in reduction of such its Class in proportion to their respective Certificate Principal Balances. Balance.
(e) Any allocation by the Trust Administrator of Realized Losses to a Certificate or any reduction in the Certificate Balance of a Certificate pursuant to this paragraph (d) Section 4.02 shall be accomplished by reducing its Certificate Balance, immediately following the Certificate Principal Balances of the related Certificates distributions made on the related Distribution Date in accordance with Section 4.4(e)the definition of “Certificate Balance.
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").”
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-2), Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-2)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) : first, to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) ; second, to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) ; third, to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; seventh, to the Classes of Senior Certificates of the related Certificate GroupCertificates, pro rata, in accordance with their Class Certificate Balances; provided, that any such loss allocated to the Accrual Certificates shall be allocated on the basis of the lesser of (x) the Class Certificate Balance thereof immediately prior to the applicable Distribution Date and (y) the Class Certificate Balance thereof on the Closing Date (as reduced by any Realized Losses previously allocated thereto).
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group Certificates, pro rata, based on their the respective Class Certificate Balances (in thereof; provided, that any such loss allocated to the case Accrual Certificates shall be allocated on the basis of the Senior Certificateslesser of (x) or Apportioned Principal Balances the Class Certificate Balance thereof immediately prior to the applicable Distribution Date and (in y) the case of Class Certificate Balance thereof on the Subordinated CertificatesClosing Date (as reduced by any Realized Losses previously allocated thereto).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, and (i) in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date, and (ii) in the case of the interest portion thereof, after giving effect to the calculation of the Accrual Amount for the Class A-4 Certificates for such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Principal Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Scheduled Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer Company shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) as follows: first, to the Class B-6 B5 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(ii) ; second, to the Class B-5 B4 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(iii) ; third, to the Class B-4 B3 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 B2 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 B1 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 M Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(vii) ; and seventh, to the Classes of Senior Certificates of the related Certificate GroupCertificates, pro rata, in accordance with their Class Certificate Principal Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group Certificates, pro rata, based on their the respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates)thereof.
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b4.03(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances Balance of the related Certificates on the related Distribution Date in accordance with Section 4.4(e4.03(e).
(e) Realized Losses allocated in accordance with this Section 4.4 4.03 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer Company shall determine the Subordinated Subordinate Certificate Writedown Amount, if any. Any such Subordinated Subordinate Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, effect a corresponding reduction in the Class Certificate Principal Balance of the Subordinated Subordinate Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Principal Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
(h) Any allocation of a Realized Loss to a Class of Certificates, or of any Subordinate Certificate Writedown Amount to a Class of Subordinate Certificates, pursuant to this Section 4.03 shall effect a corresponding allocation thereof to the corresponding Class of Lower Tier Interests and, in the case of the principal portion of any such Realized Loss and any such Subordinate Certificate Writedown Amount, a corresponding reduction in the related Lower Tier Balance thereof.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc), Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Servicer shall determine aggregate the information provided by each Servicer with respect to the total amount of any Realized Loss in respect of each Losses experienced on the Mortgage Loan that occurred during Loans for the immediately preceding calendar monthrelated Distribution Date.
(b) With respect to any On each Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool Losses shall be allocated as follows: first, to the Classes of Subordinate Certificates in the following reverse order of priority:
their respective numerical Class designations (i) to beginning with the Class B-6 of Subordinate Certificates with the highest numerical Class designation) until the Class Certificate Balance thereof has been Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates, until the Class Principal Amount of each Class of Senior Certificates is reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall determine be reduced on each Distribution Date by the Subordinated Certificate Writedown Amountamount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication by which the aggregate of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance Principal Amounts of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance all outstanding Classes of the Subordinated Certificates, which reduction shall occur on such Distribution Date Certificates (after giving effect to distributions made the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(gd) Notwithstanding the foregoing, no such Any allocation of any Realized Loss shall be made on a Distribution Date loss pursuant to this section to a Class of Certificates to shall be achieved by reducing the extent that such allocation would result in Class Principal Amount thereof by the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as amount of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the related Mortgage Pool as Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the first day of the month amount of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")Subsequent Recovery.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Sequoia Residential Funding Inc), Pooling and Servicing Agreement (Sequoia Residential Funding Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall inform the Trustee in writing with respect to each Mortgage Loan: (1) whether any Realized Loss is a Deficient Valuation or a Debt Service Reduction, (2) of the amount of such loss or Deficient Valuation, or of the terms of such Debt Service Reduction and (3) of the total amount of Realized Losses. Based on such information, the Trustee shall determine the total amount of any Realized Loss in Losses with respect to the related Distribution Date. The principal portion of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With Realized Losses with respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool Date shall be allocated in the following order of priorityas follows:
(i) the applicable PO Percentage of the principal portion of any Realized Loss with respect to a Discount Mortgage Loan shall be allocated to the Class B-6 A-PO Certificates until the Class Certificate Balance thereof has is reduced to zero; and
(ii) the applicable Non-PO Percentage of the principal portion of any Realized Loss shall be allocated first to the Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class of Subordinate Certificates then outstanding with the highest numerical Class designation) until the respective Class Certificate Balance of each such Class is reduced to zero, and second to the Senior Certificates (other than the Class A-PO Certificates), pro rata, on the basis of their respective Class Certificate Balances immediately prior to the related Distribution Date, until the Class Certificate Balances thereof have been reduced to zero;; and
(iib) to The Class Certificate Balance of the Class B-5 A-PO Certificates until shall be reduced on each Distribution Date by the amount, if any, by which the Class Certificate Balance thereof has been reduced to zero;
of the Class A-PO Certificates (iii) after giving effect to the amount to be distributed as a distribution of principal and the allocation of Realized Losses on such Distribution Date) exceeds the Adjusted Pool Amount (PO Portion) for such Distribution Date. The Class B-4 Certificate Balance of the Class of Subordinate Certificates until then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount, if any, by which the aggregate of the Class Certificate Balances of all outstanding Classes of Certificates (after giving effect to the amount to be distributed as a distribution of principal and the allocation of Realized Losses and Class A-PO Deferred Amounts on such Distribution Date) exceeds the Adjusted Pool Amount for such Distribution Date. After the Senior Credit Support Depletion Date, the Class Certificate Balances of the Senior Certificates in the aggregate (other than the Class Certificate Balance thereof has been reduced to zero;
(iv) to of the Class B-3 Certificates until A-PO Certificates) shall be reduced on each Distribution Date by the amount, if any, by which the aggregate of the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Balances of all outstanding Classes of Senior Certificates (other than Class A-PO Certificates) (after giving effect to the amount to be distributed as a distribution of principal and the related Certificate Group, pro rata, in accordance with their allocation of Realized Losses on such Distribution Date) exceeds the difference between (i) the Adjusted Pool Amount for such Distribution Date and (ii) the Adjusted Pool Amount (PO Portion) for such Distribution Date. Any such reduction shall be allocated among the Senior Certificates (other than the Class A-PO Certificates) based on the Class Certificate BalancesBalances immediately prior to such Distribution Date.
(c) With respect to any Distribution Date, the principal portion of any Excess Any Realized Loss with respect allocated to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of or any reduction in the related Certificate Group based on their respective Class Certificate Balances (in the case Balance of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b5.03(b) or (c) above shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Percentage Interests.
(d) Any allocation of Realized Losses to a Class of Certificates or any reduction in the Class Certificate Balance of a Class pursuant to this paragraph (dSection 5.03(b) above shall be accomplished by reducing the Class Certificate Principal Balances of Balance thereof prior to the related Certificates distributions made on the related Distribution Date in accordance with Section 4.4(e)the definition of “Class Certificate Balance.”
(e) With respect to any Distribution Date, Realized Losses allocated in accordance with pursuant to this Section 4.4 shall 5.03 will be allocated on the Distribution Date to each Uncertificated Lower-Tier Interest in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect an amount equal to the distributions made on such Distribution Dateamount allocated to its respective Corresponding Upper-Tier Class or Classes as provided above.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, LLC), Pooling and Servicing Agreement (Wachovia Asset Funding Trust, LLC)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Servicer shall determine calculate the amount of any aggregate Realized Loss in Losses for such Distribution Date based on the information with respect of to losses as reported to it by each Mortgage Loan that occurred during the immediately preceding calendar monthServicer.
(b) With respect to any On each Distribution Date, the Securities Administrator shall allocate the principal portion of each Realized Loss (other than any Excess Loss) with respect Losses as follows: first, to a Mortgage Pool shall be allocated the Classes of Subordinate Certificates in the following reverse order of priority:
their respective numerical Class designations (i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to beginning with the Class B-5 Certificates and ending with the Class B-1 Certificates) until the Class Certificate Balance thereof has been Principal Amount of each such Class is reduced to zero;
(iii) ; and second, to the Class B-4 Certificates A-1 Certificates, until the Class Certificate Balance thereof has been Principal Amount of the Class A-1 Certificates is reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any On each Distribution Date, the principal portion Class Principal Amount of any Excess Loss the Class of Subordinate Certificates then outstanding with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) the highest numerical Class designation shall be allocated pro rata to reduced on each Distribution Date by the Certificate Writedown Amount and if no Subordinate Certificates are then outstanding the Class of Certificates Principal Amount of the related Class A-1 Certificates shall be reduced by the Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates)Writedown Amount.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.
(f) Realized Losses and the amount of any Certificate Writedown Amount allocated by this Section to a Class of Certificates shall be allocated to the corresponding Lower Tier REMIC Interest and shall reduce the Class Principal Amount of such Lower Tier REMIC Interest to the same extent that the Class Principal Amount of such Class of Certificates is reduced pursuant to the provisions of this Section. Subsequent Recoveries distributed to a Class of Certificates pursuant to Section 4.4(b) or (cthe provisions of subsection 5.03(e) shall be allocated among deemed to have been distributed to the corresponding Lower Tier REMIC Interest. To the extent that the Class Principal Amount of any Class of Certificates has been increased on account of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses Subsequent Recoveries pursuant to this paragraph (d) the provisions of subsection 5.03(e), the principal balance of the corresponding Lower Tier REMIC Interest shall be accomplished increased by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Datesame amount.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Any Class of Certificates whose Class Principal Amount has been reduced to zero due to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, will nonetheless remain outstanding under this Agreement and will continue to an amount less than be entitled to receive Subsequent Recoveries until the aggregate Stated Principal Balance termination of the Mortgage Loans in the related Mortgage Pool as Trust Fund; provided, however, that any such Class of the first day of the month of such Distribution Date, less Certificates will not have any Deficient Valuations occurring on voting rights with respect to matters under this Agreement requiring or prior permitting actions to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")be taken by any Certificateholders.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2011-1), Pooling and Servicing Agreement (Sequoia Mortgage Trust 2011-1)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Servicer Class Principal Balance of each Class of Subordinate Certificates shall determine be reduced by the amount of any Realized Applied Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Amount for such Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to in reduction of the Class B-6 Certificates Principal Balance of the Class B-2 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(ii) to in reduction of the Class B-5 Certificates Principal Balance of the Class B-1 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(iii) to in reduction of the Class B-4 Certificates Principal Balance of the Class M-4 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(iv) to in reduction of the Class B-3 Certificates Principal Balance of the Class M-3 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(v) to in reduction of the Class B-2 Certificates Principal Balance of the Class M-2 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;; and
(vi) to in reduction of the Class B-1 Certificates Principal Balance of the Class M-1 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(db) Any Realized Losses so allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balancesprincipal balances. Any allocation of Realized Losses an Applied Loss Amount pursuant to this paragraph (d) Section shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in applicable Class and the principal balance of each related Mortgage Pool as of Certificate on the first day of the month of such applicable Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2007-B)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a the Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;; and
(vii) to the Classes of Senior Certificates of the related Certificate GroupCertificates, pro rata, in accordance with their Class Certificate Balances; provided, that the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class A-1 Certificates will instead be borne first by the Class A-3 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class A-3 Certificates) for so long as the Class Certificate Balance of the Class A-3 Certificates is greater than zero, and then by the Class A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class A-2 Certificates) for so long as the Class Certificate Balance of the Class A-2 Certificates is greater than zero; provided, further, that the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class A-2 Certificates will instead be borne first by the Class A-3 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class A-3 Certificates) for so long as the Class Certificate Balance of the Class A-3 Certificates is greater than zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates)Balances.
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Class Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Class Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Class Certificate Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "“Loss Allocation Limitation"”).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Sec Mort Pass THR Certs Ser 2007-Aa3)
Allocation of Losses. (a) On or No later than five (5) Business Days prior to each Determination the related Distribution Date, the each Master Servicer shall determine inform the Securities Administrator in writing with respect to each WF Master Serviced Loan, in the case of the WF Master Servicer, and with respect to each WMMSC Master Serviced Loan, in the case of the WMMSC Master Servicer:
(1) whether any Realized Loss is a Deficient Valuation or a Debt Service Reduction, (2) of the amount of any such loss or Deficient Valuation, or of the terms of such Debt Service Reduction and (3) of the total amount of Realized Loss Losses on the WF Master Serviced Loans or WMMSC Master Serviced Loans, as applicable, in each Loan Group. Based on such information, the Securities Administrator shall determine the total amount of Realized Losses on the Mortgage Loans in each Loan Group with respect to the related Distribution Date. Realized Losses shall be allocated to the Certificates by a reduction in the Class Certificate Balances of each Mortgage Loan that occurred during the immediately preceding calendar monthdesignated Classes pursuant to the operation of Section 5.03(b).
(b) With The Component Balance of the Class 1-X-PO Component shall be reduced on each Distribution Date by the amount, if any, by which the Component Balance of such Class 1-X-PO Component (after giving effect to the amount to be distributed as a distribution of principal on such Distribution Date) exceeds the Adjusted Pool Amount (PO Portion) for Loan Group 1 for such Distribution Date. The aggregate Component Balance for the PO Components of a 15 Year Crossed Loan Group shall be reduced on each Distribution Date by the amount, if any, by which the Component Balance (after giving effect to the amounts to be distributed as a distribution of principal on such Distribution Date) exceeds the Adjusted Pool Amount (PO Portion) for such Loan Group for such Distribution Date. Any such reduction with respect to Loan Group 2 shall be allocated between the Class 2-X-PO Component and the Class 2-15-PO Component based on their Component Balances and any such reduction with respect to Loan Group 4 shall be allocated between the Class 3-X-PO Component and the Class 3-15-PO Component based on their Component Balances. The Class Certificate Balance of the Class 30-B Certificates then outstanding with the highest numerical Class designation shall be reduced or increased on each Distribution Date by the amount, if any, necessary such that the aggregate of the Class Certificate Balances of all outstanding Classes of Group 1 Senior Certificates and Class 30-B Certificates (but not the Component Balance of the Class 1-X-PO Component) (after giving effect to the amount to be distributed as a distribution of principal and the allocation of the Class PO Deferred Amounts on such Distribution Date) equals the Adjusted Pool Amount (Non-PO Portion) for Loan Group 1 for such Distribution Date. The Class Certificate Balance of the Class of Class 15-B Certificates then outstanding with the highest numerical Class designation shall be reduced or increased on each Distribution Date by the amount, if any, necessary such that the aggregate of the Class Certificate Balances of all outstanding Classes of Group 2 Senior Certificates, Group 3 Senior Certificates and Class 15-B Certificates (but not the Component Balances of the PO Components of Group 2 and Group 3) (after giving effect to the amount to be distributed as a distribution of principal and the allocation of the Class PO Deferred Amounts on such Distribution Date) equals the sum of the Adjusted Pool Amounts (Non-PO Portion) for the 15 Year Crossed Loan Groups for such Distribution Date. After the applicable Senior Credit Support Depletion Date, the principal portion Class Certificate Balances of the Senior Certificates of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool Group in the aggregate shall be allocated in reduced or increased on each Distribution Date by the following order amount, if any, necessary such that the aggregate of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Balances of all outstanding Classes of Senior Certificates of such Group (after giving effect to the related Certificate Group, pro rata, in accordance with their amount to be distributed as a distribution of principal on such Distribution Date) equals the Adjusted Pool Amount (Non-PO Portion) for the Related Loan Group for such Distribution Date. Any such reduction or increase shall be allocated among the Senior Certificates of such Group based on the Class Certificate BalancesBalances immediately prior to such Distribution Date until the Class Certificate Balances thereof have been reduced to zero.
(c) With respect to any Distribution Date, Any reduction or increase in the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case Balance of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b5.03(b) or (c) above shall be allocated among the Certificates of such Class in proportion to their respective Certificate Percentage Interests.
(d) The calculation of the amount to be distributed as principal to any Class of Class 30-B Certificates or Class 15-B Certificates with respect to a Distribution Date (the "Calculated Principal Balances. Any Distribution") shall be made prior to the allocation of any Realized Losses for such Distribution Date; provided, however, the actual payment of principal to the Classes of Class 30-B Certificates or Class 15-B Certificates shall be made subsequent to the allocation of Realized Losses pursuant to this paragraph (d) for such Distribution Date. In the event that after the allocation of Realized Losses for a Distribution Date, the Calculated Principal Distribution for a Class of Class 30-B Certificates or Class 15-B Certificates is greater than the Class Certificate Balance of such Class, the excess shall be accomplished by reducing distributed first, sequentially, to the Classes of Class 30-B Certificates or Class 15-B Certificates, as the case may be, then outstanding (beginning with the Class of Class 30-B Certificates or Class 15-B Certificates, as the case may be, then outstanding with the lowest numerical designation) until the respective Class Certificate Principal Balances Balance of each such Class is reduced to zero and then to the related Certificates on Group 1 Senior Certificates, in the related Distribution Date case of Class 30-B Certificates, pro rata, in accordance with the priorities set forth in Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on 5.02, or the Distribution Date in the month following the month in which such loss was incurred andGroup 2 Senior Certificates and Group 3 Senior Certificates, in the case of the principal portion thereofClass 15-B Certificates, after giving effect to pro rata, in accordance with the distributions made on such Distribution Datepriorities set forth in Section 5.02.
(fe) On each After the Senior Credit Support Depletion Date for Group 1, on any Distribution DateDate on which the Class 1-A-4 Loss Allocation Amount is greater than zero, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated CertificatesClass 1-A-4 Certificates will be reduced by the Class 1-A-4 Loss Allocation Amount and, a corresponding reduction in notwithstanding Section 5.03(b), the Class Certificate Balance of the Subordinated Class 1-A-3 Certificates will not be reduced by the Class 1-A-4 Loss Allocation Amount. Any increase in the Class Certificate Balance allocated to the Class 1-A-3 Certificates pursuant to Section 5.03(b) will instead increase the Class Certificate Balance of the Class 1-A-4 Certificates.
(f) Notwithstanding any other provision of this Section 5.03, which reduction shall occur no Class Certificate Balance of a Class will be increased on such any Distribution Date after giving effect such that the Class Certificate Balance of such Class exceeds its Initial Class Certificate Balance less all distributions of principal previously distributed in respect of such Class on prior Distribution Dates (excluding in the case of any Class of Class B Certificates any principal otherwise payable to distributions made on such Distribution DateClass of Class 30-B or Class 15-B Certificates but used to pay any Class PO Deferred Amount).
(g) Notwithstanding the foregoing, no such allocation of With respect to any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, allocated pursuant to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans this Section 5.03 will be allocated to each Uncertificated Pooling REMIC Interest as described in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation"Section 5.02(a).
Appears in 1 contract
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate GroupCertificates, pro rata, in accordance with their Class Certificate Balances; provided, that the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class II-A-2 , Class II-A-3 and Class II-A-4 Certificates will instead be borne first by the Class II-A-5 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocated to the Class II-A-5 Certificates), and not by the Class II-A-2, Class II-A-3 and Class II-A-4 Certificates, for so long as the Class Certificate Balance of the Class II-A-5 Certificates is greater than zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Servicer shall determine calculate the amount of any aggregate Realized Loss Losses for such Distribution Date based on the information with respect to losses as reported to it by each Servicer. On each Master Servicer Reporting Date, the Master Servicer shall report the aggregate Realized Losses for such Distribution Date to the Securities Administrator in respect of each Mortgage Loan that occurred during a format mutually acceptable to the immediately preceding calendar monthMaster Servicer and Securities Administrator.
(b) With respect to any On each Distribution Date, the Securities Administrator shall allocate the principal portion of each Realized Loss (other than any Excess Loss) with respect Losses as follows: first, to a Mortgage Pool shall be allocated the Classes of Subordinate Certificates in the following reverse order of priority:
their respective numerical Class designations (ibeginning with the Class B-5 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to the Class B-6 Certificates A-1, Class A-2 and Class A-3 Certificates, pro rata, until the their respective Class Certificate Balance thereof has Principal Amounts have been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any On each Distribution Date, the principal portion Class Principal Amount of any Excess Loss the Class of Subordinate Certificates then outstanding with respect the highest numerical Class designation shall be reduced on each Distribution Date by the Certificate Writedown Amount and if no Subordinate Certificates are then outstanding the Class Principal Amounts of the Class A-1, Class A-2 and Class A-3 Certificates shall be reduced, pro rata in accordance with their respective Class Principal Amounts, by the Certificate Writedown Amount.
(d) Any allocation of a loss pursuant to this section to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) Class of Certificates shall be allocated pro rata achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of the related a Certificate Group based on Writedown Amount or Realized Loss will be increased, in order of seniority, and pro rata in accordance with their respective Class Certificate Balances (Principal Amounts in the case of the Senior Certificates) or Apportioned Principal Balances Certificates (in other than the case of the Subordinated Class A-IO Certificates), by the amount of such Subsequent Recovery.
(df) Any Realized Losses and the amount of any Certificate Writedown Amount allocated by this Section to a Class of Certificates shall be allocated to the corresponding Lower Tier REMIC Interest and shall reduce the Class Principal Amount of such Lower Tier REMIC Interest to the same extent that the Class Principal Amount of such Class of Certificates is reduced pursuant to the provisions of this Section. Subsequent Recoveries distributed to a Class of Certificates pursuant to Section 4.4(b) or (cthe provisions of subsection 5.03(e) shall be allocated among deemed to have been distributed to the corresponding Lower Tier REMIC Interest. To the extent that the Class Principal Amount of any Class of Certificates has been increased on account of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses Subsequent Recoveries pursuant to this paragraph (d) the provisions of subsection 5.03(e), the principal balance of the corresponding Lower Tier REMIC Interest shall be accomplished increased by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Datesame amount.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Any Class of Certificates or Lower-Tier Interest whose Class Principal Amount has been reduced to zero due to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, will nonetheless remain outstanding under this Agreement and will continue to an amount less than be entitled to receive Subsequent Recoveries until the aggregate Stated Principal Balance termination of the Mortgage Loans in the related Mortgage Pool as Trust Fund; provided, however, that no such Class of the first day of the month of such Distribution Date, less Certificates will have voting rights with respect to matters under this Agreement requiring or permitting actions to be taken by any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2012-2)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) the applicable Class I-A-PO Percentage or Class II-A-PO Percentage of the principal portion of any such Realized Loss on a Discount Mortgage Loan in Pool I or Pool II shall be allocated to the Class I-A-PO Percentage or Class II-A-PO Percentage, respective until the Class Certificate Balance thereof has been reduced to zero; and
(ii) the principal portion of any such Realized Loss (or the applicable Class I-A-PO Percentage or Class II-A-PO Percentage thereof) shall be allocated in the following order of priority: first, to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) ; second, to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) ; third, to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; and seventh, to the Classes of Senior Certificates of the related Certificate GroupGroup (other than the Principal Only Certificates), pro rata, in accordance with their Class Certificate Balances.
(c) Commencing on the Cross-over Date, the applicable Non-PO Percentage of the principal portion of any Realized Loss for a Mortgage Pool will be allocated among the outstanding classes of Senior Certificates of the related Certificate Group entitled to principal distributions (other than the Class II-A-1 Certificates, as long as the Class II-A-2 Certificates are outstanding, and the Class PO Certificates) pro rata based upon their Class Certificate Balances within such Certificate Group.
(d) After the Cross-over Date, the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class II-A-1 Certificates will instead be borne first by the Class II-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocated to the Class II-A-2 Certificates), and not by the Class II-A-1 Certificates, for so long as the Class Certificate Balance of the Class II-A-2 Certificates is greater than zero
(e) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(df) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Class Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (df) shall be accomplished by reducing the Class Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e4.4(g).
(eg) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, and in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(fh) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(gi) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the The principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated as follows:
(i) with respect to any Distribution Date, the Class PO Percentage of the principal portion of any such Realized Loss on a Discount Mortgage Loan in such Mortgage Pool shall be allocated to the Class PO Certificates until the Class Certificate Balance thereof has been reduced to zero; and
(ii) prior to the Cross-over Date, the Non-PO Percentage of the principal portion of any such Realized Loss (except Excess Losses) (or the Class PO Percentage thereof, in the case of the Class PO Certificates) shall be allocated in the following order of priority:
(i) : first, to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) ; second, to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) ; third, to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; and seventh, to the Classes of Senior Certificates of the related Certificate GroupGroup (other than the Class PO Certificates), pro rata, in accordance with their Class Certificate Balances;
(iii) from and after the Cross-over Date, the Non-PO Percentage of the principal portion of any Realized Loss for Pool I will be allocated among the outstanding Classes of Senior Certificates of the related Certificate Group entitled to principal distributions (other than (i) in respect of Realized Losses not constituting Excess Loses, the Super Senior Certificates, as long as the related Senior Mezzanine Certificates are outstanding, (ii) the Notional Amount Certificates, and (ii) the Class PO Certificates), pro rata, based upon their Class Certificate Balances within that Certificate Group.
(c) From and after the Cross-over Date, the Non-PO Percentage of the principal portion of any Realized Loss shall be allocated pro rata to each Class of Senior Certificates (other than (i) in respect of Realized Losses not constituting Excess Losses, the Class I-A-1 Certificates, as long as the Class I-A-2 Certificates are outstanding, (ii) in respect of Realized Losses not constituting Excess Losses, the Class I-A-3 Certificates, as long as the Class I-A-4(1) Component is outstanding, (iii) in respect of Realized Losses not constituting Excess Losses, the Class I-A-8 and Class I-A-16 Certificates, as long as the Class I-A-4(2) Component is outstanding, (iv) in respect of Realized Losses not constituting Excess Losses, the Class I-A-5 Certificates, as long as the Class I-A-13(1) Component is outstanding, (v) in respect of Realized Losses not constituting Excess Losses, the Class I-A-6 Certificates, as long as the Class I-A-13(2) Component is outstanding, (vi) in respect of Realized Losses not constituting Excess Losses, the Class I-A-16 Certificates, as long as the Class I-A-15 Certificates are outstanding, (vii) in respect of Realized Losses not constituting Excess Losses, the Class II-A-1 Certificates, as long as the Class II-A-2 Certificates are outstanding, (viii) the Class I-A-14 Certificates, (ix) the Class I-A-17 Certificates and (x) the Class PO Certificates), pro rata, based upon their Class Certificate Balances.
(d) From and after the Cross-over Date, (i) the principal portion of Realized Losses (other than Excess Losses) allocable to the Class I-A-1 Certificates will instead first be allocated to the Class I-A-2 Certificates (in addition to other Realized Losses allocable to the Class I-A-2 Certificates), and not to the Class I-A-1 Certificates until the Class Certificate Balance of the Class I-A-2 Certificates has been reduced to zero; (ii) the principal portion of Realized Losses (other than Excess Losses) allocable to the Class I-A-3 Certificates will instead first be allocated to the Class I-A-4(1) Component (in addition to other Realized Losses allocable to the Class I-A-4(1) Component), and not to the Class I-A-3 Certificates until the Component Balance of the Class I-A-4(1) has been reduced to zero; (iii) up to $708,000 of the principal portion of any Realized Loss (other than Excess Losses) allocable to the Class I-A-8 Certificates, and up to $3,053,000 of the principal portion of any Realized Losses (other than Excess Losses) allocable to the Class I-A-16 Certificates will instead first be allocated pro rata (based on the respective Class Certificate Balances of the Class I-A-8 and Class I-A-16 Certificates) to the Class I-A-4(2) Component (in addition to other Realized Losses allocable to the Class I-A-4(2) Component), in each case until the Component Balance of the Class I-A-4(2) Component has been reduced to zero, with the amount of losses otherwise so allocated to the Class I-A-4(2) Component with respect to the Class I-A-16 Certificates further allocated, pro rata (based upon the respective Component Balance of the Class I-A-4(2) Component and the Class Certificate Balance of the Class I-A-15 Certificates), to both (I) the Class I-A-4(2) Component (subject to the same $3,053,000 limitation) until the Component Balance of the Class I-A-4(2) Component has been reduced to zero, and (II) the Class I-A-15 Certificates (in addition to other Realized Losses allocable to the Class I-A-15 Certificates), until the Class Certificate Balance of the Class I-A-15 Certificates has been reduced to zero; (iv) the principal portion of Realized Losses (other than Excess Losses) allocable to the Class I-A-5 Certificates will instead first be allocated to the Class I-A-13(1) Component (in addition to other Realized Losses allocable to the Class I-A-13(1) Component), and not to the Class I-A-5 Certificates until the Component Balance of the Class I-A-13(1) Component has been reduced to zero; (v) the principal portion of Realized Losses (other than Excess Losses) allocable to the Class I-A-6 Certificates will instead first be allocated to the Class I-A-13(2) Component (in addition to other Realized Losses allocable to the Class I-A-13(2) Component), and not to the Class I-A-6 Certificates until the Component Balance of the Class I-A-13(2) Component has been reduced to zero; and (vi) the principal portion of Realized Losses (other than Excess Losses) allocable to the Class II-A-1 Certificates will instead first be allocated to the Class II-A-2 Certificates (in addition to other Realized Losses allocable to the Class II-A-2 Certificates), and not to the Class II-A-1 Certificates until the Class Certificate Balance of the Class II-A-2 Certificates has been reduced to zero.
(e) With respect to any Distribution Date, the Non-PO Percentage of the principal portion of any Excess Loss with respect to a Mortgage Pool I (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates (other than the Class PO Certificates) of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(df) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or through (ce) shall be allocated among the Certificates of such Class in proportion to their respective Class Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (df) shall be accomplished by reducing the Class Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e4.4(g).
(eg) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, and in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date. The aggregate amount of Realized Losses to be allocated to the Principal Only Certificates on such Distribution Date will be taken into account in determining distributions in respect of any Class PO Deferred Amount for such Distribution Date.
(fh) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").this
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Sec Mort Pass THR Certs Ser 2007-4)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Securities Administrator shall aggregate the information provided by each Servicer shall determine with respect to the total amount of any Realized Loss in respect of each Losses, including Excess Losses, experienced on the Mortgage Loan that occurred during Loans for the immediately preceding calendar monthrelated Distribution Date.
(b) With Realized Losses with respect to the Mortgage Loans on any Distribution DateDate shall be allocated as follows:
(i) the applicable A-P Percentage of any Realized Loss, including any Excess Loss, on a Mortgage Loan, based upon the principal portion related Applicable Fraction, in a Collateral Allocation Group shall be allocated to the related Class of each Class A-P Certificates, until the Class Principal Balance thereof is reduced to zero; and
(ii) (A) the applicable Non-A-P Percentage of any Realized Loss (other than any an Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated first to the Subordinated Certificates in reverse order of their respective numerical Class designations (beginning with the Class of Subordinated Certificates then outstanding with the highest numerical Class designation) until the respective Class Principal Balance of each such Class is reduced to zero, and second to the Senior Certificates (other than the Class A-P Certificates or the Notional Amount Certificates, as applicable), pro rata to each Class on the basis of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of any Class of Accrual Certificates or Accrual Component, on the principal portion thereofbasis of the lesser of their Class Principal Balance or Component Balance, after giving effect as applicable, and their initial Class Principal Balance or Component Balance, as applicable, in each case immediately prior to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such related Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding until the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a respective Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of each such Class is reduced to zero; provided, that (i) any Realized Losses (other than an Excess Loss) on the Mortgage Loans in Loans, based upon the related Mortgage Pool as of the first day of the month of such Distribution DateApplicable Fraction, less any Deficient Valuations occurring on or prior in Collateral Allocation Group 1 otherwise allocable to the Bankruptcy Coverage Termination Date Class 1-A-6, Class 1-A-8 or Class 1-A-9 Certificates will instead be allocated to the Class 1-A-10 Certificates, until its Class Principal Balance is reduced to zero, (such limitationii) any Realized Losses (other than an Excess Loss) on the Mortgage Loans, based upon the "Loss related Applicable Fraction, in Collateral Allocation Limitation")Group 2 otherwise allocable to the Class 2-A-1 Certificates will instead be allocated to the Class 2-A-2 Certificates, until its Class Principal Balance is reduced to zero, (iii) any Realized Losses (other than an Excess Loss) on the Mortgage Loans, based upon the related Applicable Fraction, in Collateral Allocation Group 4 otherwise allocable to the Class 4-A-1 Certificates will instead be allocated to the Class 4-A-2 Certificates, until its Class Principal Balance is reduced to zero and (iv) any Realized Losses (other than an Excess Loss) on the Mortgage Loans, based upon the related Applicable Fraction, in Collateral Allocation Group 5 otherwise allocable to the Class 5-A-1 Certificates will instead be allocated to the Class 5-A-2 Certificates, until its Class Principal Balance is reduced to zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2005-10)
Allocation of Losses. (a) On or prior to each Determination Date, each Servicer shall inform the Master Servicer Trustee in writing with respect to each Mortgage Loan serviced by such Servicer:
(1) whether any Realized Loss is a Deficient Valuation, a Debt Service Reduction, a Fraud Loss or a Special Hazard Loss, (2) of the amount of such loss or Deficient Valuation, or of the terms of such Debt Service Reduction and (3) of the total amount of Realized Losses. Based on such information, the Trustee shall determine the total amount of any Realized Loss in Losses, including Excess Losses, with respect to the related Distribution Date. The principal portion of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With Realized Losses with respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool Date shall be allocated in the following order of priorityas follows:
(i) the applicable PO Percentage of the principal portion of any Realized Loss with respect to a Discount Mortgage Loan, including any Excess Loss, shall be allocated to the Class B-6 A-PO Certificates until the Class Certificate Balance thereof has is reduced to zero; and
(1) the applicable Non-PO Percentage of the principal portion of any Realized Loss (other than an Excess Loss) shall be allocated first to the Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class of Subordinate Certificates then outstanding with the highest numerical Class designation) until the respective Class Certificate Balance of each such Class is reduced to zero, and second to the Senior Certificates (other than the Class A-PO Certificates), pro rata, on the basis of their respective Class Certificate Balances immediately prior to the related Distribution Date or, in the case of the Class A-6 Certificates, the Initial Class Certificate Balance, if lower, until the Class Certificate Balances thereof have been reduced to zero;
(ii) to the Class B-5 Certificates , until the Class Certificate Balance Balances thereof has have been reduced to zero;; and
(iii2) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes applicable Non-PO Percentage of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect Losses shall be allocated to a Mortgage Pool the Senior Certificates (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated the Class A-PO Certificates), pro rata to each Class rata, on the basis of Certificates of the related Certificate Group based on their respective Class Certificate Balances (immediately prior to the related Distribution Date or, in the case of the Class A-6 Certificates, the Initial Class Certificate Balance, if lower.
(b) The Class Certificate Balance of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount, if any, by which the aggregate of the Class Certificate Balances of all outstanding Classes of Certificates (after giving effect to the amount to be distributed as a distribution of principal and the allocation of Realized Losses and Class A-PO Deferred Amounts on such Distribution Date) exceeds the Adjusted Pool Amount for such Distribution Date. After the Senior Credit Support Depletion Date, the Class Certificate Balances of the Senior Certificates in the aggregate (other than the Class Certificate Balance of the Class A-PO Certificates) or Apportioned Principal shall be reduced on each Distribution Date by the amount, if any, by which the aggregate of the Class Certificate Balances of all outstanding Classes of Senior Certificates (other than Class A-PO Certificates) (after giving effect to the amount to be distributed as a distribution of principal and the allocation of Realized Losses on such Distribution Date) exceeds the difference between (i) the Adjusted Pool Amount for such Distribution Date and (ii) the Adjusted Pool Amount (PO Portion) for such Distribution Date. Any such reduction shall be allocated among the Senior Certificates (other than the Class A-PO Certificates) based on the Class Certificate Balances immediately prior to such Distribution Date or, in the case of the Subordinated Class A-6 Certificates), the Initial Class Certificate Balance, if lower. After the Senior Credit Support Depletion Date, the Class Certificate Balance of the Class A-PO Certificates shall be reduced on each Distribution Date by the amount, if any, by which the Class Certificate Balance of the Class A-PO Certificates (after giving effect to the amount to be distributed as a distribution of principal and the allocation of Realized Losses on such Distribution Date) exceeds the Adjusted Pool Amount (PO Portion) for such Distribution Date.
(dc) Any Realized Losses Loss allocated to a Class of Certificates or any reduction in the Class Certificate Balance of a Class of Certificates pursuant to Section 4.4(b5.03(b) or (c) above shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Percentage Interests.
(d) Any allocation of Realized Losses to a Class of Certificates or any reduction in the Class Certificate Balance of a Class pursuant to this paragraph (dSection 5.03(b) above shall be accomplished by reducing the Class Certificate Principal Balances of Balance thereof prior to the related Certificates distributions made on the related Distribution Date in accordance with Section 4.4(e)the definition of "Class Certificate Balance."
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated After the Senior Credit Support Depletion Date, on the any Distribution Date in on which the month following the month in which such loss was incurred andClass A-10 Loss Allocation Amount is greater than zero, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in Class A-10 Certificates will be reduced by the Class Certificate Balance of A-10 Loss Allocation Amount and, notwithstanding Section 5.03(a)(ii)(1) and Section 5.03(b), the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Class A-6 and Class A-8 Certificates will not be reduced by such amount; provided, however, that if the sum of the Class A-6 Loss Amount and Class A-8 Loss Amount for a related Certificate Group as of such Distribution Date plus exceeds the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of Class A-10 Loss Allocation Amount for such Distribution Date, after giving effect to all distributions the Class A-10 Loss Allocation Amount will be allocated, pro rata, between the Class A-6 and prior allocations of Realized Losses Class A-8 Certificates based on such date, to an amount less than the aggregate Stated Principal Balance Class A-6 Loss Amount and Class A-8 Loss Amount and the Class Certificate Balances of the Mortgage Loans in Class A-6 and Class A-8 Certificates will be reduced by the related Mortgage Pool as amount of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Class A-10 Loss Allocation Limitation")Amount allocated to each such Class.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 1999-9)
Allocation of Losses. (a) On or prior to each Determination Date, each Servicer shall inform the Master Servicer Trustee in writing with respect to each Mortgage Loan serviced by such Servicer:
(1) whether any Realized Loss is a Deficient Valuation, a Debt Service Reduction, a Fraud Loss or a Special Hazard Loss, (2) of the amount of such loss or Deficient Valuation, or of the terms of such Debt Service Reduction and (3) of the total amount of Realized Losses. Based on such information, the Trustee shall determine the total amount of any Realized Loss in Losses, including Excess Losses, with respect to the related Distribution Date. The principal portion of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With Realized Losses with respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool Date shall be allocated in the following order of priorityas follows:
(i) the applicable PO Percentage of the principal portion of any Realized Loss with respect to a Discount Mortgage Loan, including any Excess Loss, shall be allocated to the Class B-6 A-PO Certificates until the Class Certificate Balance thereof has is reduced to zero; and
(1) the applicable Non-PO Percentage of the principal portion of any Realized Loss (other than an Excess Loss) shall be allocated first to the Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class of Subordinate Certificates then outstanding with the highest numerical Class designation) until the respective Class Certificate Balance of each such Class is reduced to zero, and second to the Senior Certificates (other than the Class A-PO Certificates), pro rata, on the basis of their respective Class Certificate Balances immediately prior to the related Distribution Date or, in the case of the Class A-9 Certificates, the Initial Class Certificate Balance, if lower, until the Class Certificate Balances thereof have been reduced to zero;
(ii) to the Class B-5 Certificates , until the Class Certificate Balance Balances thereof has have been reduced to zero;; and
(iii2) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes applicable Non-PO Percentage of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect Losses shall be allocated to a Mortgage Pool the Senior Certificates (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated the Class A-PO Certificates), pro rata to each Class rata, on the basis of Certificates of the related Certificate Group based on their respective Class Certificate Balances (immediately prior to the related Distribution Date or, in the case of the Class A-9 Certificates, the Initial Class Certificate Balance, if lower.
(b) The Class Certificate Balance of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount, if any, by which the aggregate of the Class Certificate Balances of all outstanding Classes of Certificates (after giving effect to the amount to be distributed as a distribution of principal and the allocation of Realized Losses and Class A-PO Deferred Amounts on such Distribution Date) exceeds the Adjusted Pool Amount for such Distribution Date. After the Senior Credit Support Depletion Date, the Class Certificate Balances of the Senior Certificates in the aggregate (other than the Class Certificate Balance of the Class A-PO Certificates) or Apportioned Principal shall be reduced on each Distribution Date by the amount, if any, by which the aggregate of the Class Certificate Balances of all outstanding Classes of Senior Certificates (other than Class A-PO Certificates) (after giving effect to the amount to be distributed as a distribution of principal and the allocation of Realized Losses on such Distribution Date) exceeds the difference between (i) the Adjusted Pool Amount for such Distribution Date and (ii) the Adjusted Pool Amount (PO Portion) for such Distribution Date. Any such reduction shall be allocated among the Senior Certificates (other than the Class A-PO Certificates) based on the Class Certificate Balances immediately prior to such Distribution Date or, in the case of the Subordinated Class A-9 Certificates), the Initial Class Certificate Balance, if lower. After the Senior Credit Support Depletion Date, the Class Certificate Balance of the Class A-PO Certificates shall be reduced on each Distribution Date by the amount, if any, by which the Class Certificate Balance of the Class A-PO Certificates (after giving effect to the amount to be distributed as a distribution of principal and the allocation of Realized Losses on such Distribution Date) exceeds the Adjusted Pool Amount (PO Portion) for such Distribution Date.
(dc) Any Realized Losses Loss allocated to a Class of Certificates or any reduction in the Class Certificate Balance of a Class of Certificates pursuant to Section 4.4(b5.03(b) or (c) above shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Percentage Interests.
(d) Any allocation of Realized Losses to a Class of Certificates or any reduction in the Class Certificate Balance of a Class pursuant to this paragraph (dSection 5.03(b) above shall be accomplished by reducing the Class Certificate Principal Balances of Balance thereof prior to the related Certificates distributions made on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case definition of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the "Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution DateBalance.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pas Thru Cert Ser 1999-11)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Servicer shall determine aggregate the information provided by the Servicer with respect to the total amount of any Realized Loss in respect of each Losses, including Excess Losses, experienced on the Mortgage Loan that occurred during Loans for the immediately preceding calendar monthrelated Distribution Date.
(b) With respect to any On each Distribution Date, the principal portion of each Realized Loss Losses (other than Excess Losses) shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class of Subordinate Certificates with the highest numerical Class designation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates (other than the Notional Amount Certificates) relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Classes on a pro rata basis), in each case, until the Class Principal Amount of each Class of Senior Certificates is reduced to zero; provided that any Realized Losses (other than Excess Losses) in Pool 4 otherwise allocable to the Class 4-A-4 Certificates shall be allocated to the Class 4-A-5 Certificates, until its Class Principal Amount is reduced to zero;
(c) On each Distribution Date, any Excess Loss) with respect to Losses on the Mortgage Loans in a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate GroupGroup (other than the Notional Amount Certificates) and the Subordinate Certificates then outstanding, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Dateon the basis of, the principal portion of any Excess Loss with respect to a such Senior Certificates, their respective Class Principal Amounts and, with respect to each Class of Subordinate Certificates, the applicable Apportioned Principal Balance for each such Class relating to the Mortgage Pool (other than in which such Realized Losses occurs; provided, however, on any Distribution Date after the third Senior Termination Date for a Certificate Group, such Excess Bankruptcy Losses attributable on the Mortgage Loans in the related Mortgage Pool will be allocated to Debt Service Reductions) the Senior Certificates and Subordinate Certificates on the basis of their respective Class Principal Amounts; and provided, further, that after the Credit Support Depletion Date, such Excess Losses shall be allocated pro rata to each Class all Senior Certificates (other than the Notional Amount Certificates) regardless of Certificates of the related Certificate Group based on the basis of their respective Class Certificate Balances (in Principal Amounts immediately prior to the case related Distribution Date, until the respective Class Principal Amounts of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates)each such Class are reduced to zero.
(d) Any Realized Losses allocated to a On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates pursuant to Section 4.4(b) or (c) then outstanding with the highest numerical Class designation shall be allocated among reduced on each Distribution Date by the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished amount, if any, by reducing which the Certificate Principal Balances aggregate of the related Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the related Aggregate Stated Principal Balance for the following Distribution Date in accordance with Section 4.4(e(such amount for any Distribution Date, the "Subordinate Certificate Write-down Amount").
(e) Realized Losses allocated in accordance with Any allocation of a loss pursuant to this Section 4.4 section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(f) In the event that there is a recovery of an amount in respect of principal of a Mortgage Loan, which amount had previously been allocated as a Realized Loss to one or more Classes of Certificates, each outstanding Class to which any portion of such Realized Loss had previously been allocated shall be entitled to receive, on the Distribution Date in the month following the month in which such loss was incurred andrecovery is received, in its pro rata share (based on the case amount of Realized Losses previously allocated thereto) of such recovery, up to the amount of the principal portion thereof, after giving effect of such Realized Loss previously allocated to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if anyClass. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date recovery allocated to a Class of Certificates to shall not further reduce the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as Principal Amount of such Distribution Date plus the Apportioned Certificate. Any such amounts not otherwise allocated to any Class of Certificates pursuant to this subsection shall be treated as Principal Balances Prepayments for purposes of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")this Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (J P Morgan Acceptance Corp I)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer Securities Administrator shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Certificates on any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to on a Mortgage Pool Loan shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) as follows: first, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; second, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; third, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; fourth, to the Classes of Senior Class M-3 Certificates until the Class Certificate Balance thereof has been reduced to zero; fifth, to the Class M-2 Certificates until the Class Certificate Balance thereof has been reduced to zero; sixth, to the Class M-1 Certificates until the Class Certificate Balance thereof has been reduced to zero; seventh, if the Realized Loss occurs on a Mortgage Loan in a Loan Group where the aggregate Stated Principal Balance of the related Certificate Group, pro rata, Mortgage Loans in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, such Loan Group is greater than the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the aggregate Class Certificate Balance of the Subordinated related Senior Certificates, the Realized Loss will be allocated to any Senior Certificates related to a corresponding reduction Loan Group where the aggregate Stated Principal Balance of the Mortgage Loans in such Loan Group is less than the aggregate Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the related Senior Certificates of a related Certificate Group as of (any such Distribution Date plus amount, the Apportioned Principal Balances of "Deficiency Amount"), pro rata, based on the Subordinated Certificates of such Certificate Group as of such Distribution Daterespective Deficiency Amount, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an in each case until the amount less than by which the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as Loan Group in which the Realized Loss occurs exceeds the aggregate Class Certificate Balance of the first day of related Senior Certificates until the month Class Certificate Balances of such Distribution DateSenior Certificates have been reduced to zero; and eighth, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date Senior Certificates related to the Loan Group in which the Realized Loss occurred, until the Class Certificate Balances thereof have been reduced to zero. Notwithstanding the foregoing, any portion of any Realized Loss that would otherwise be allocated to the Class I-A-1 Certificates will instead be allocated first to the Class I-A-2 Certificates until the Class Certificate Balance thereof has been reduced to zero and any portion of any Realized Loss that would otherwise be allocated to the Class II-A-1 Certificates will instead be allocated first to the Class II-A-2 Certificates until the Class Certificate Balance thereof has been reduced to zero.
(such limitationc) Notwithstanding the other provisions of Section 6.02, the "Loss Allocation Limitation")first $0.66 of Realized Losses shall not be allocated to any Class of Certificates.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Backed Securities Trust, Series 2007-1)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the The principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated as follows:
(i) with respect to any Distribution Date, the applicable PO Percentage of the principal portion of any such Realized Loss on a Discount Mortgage Loan in such Mortgage Pool shall be allocated to the applicable PO Certificates until the Class Certificate Balance thereof has been reduced to zero; and
(ii) prior to the Cross-over Date, the applicable Non-PO Percentage of the principal portion of any such Realized Loss (except Excess Losses) (or the applicable PO Percentage thereof, in the case of the related Class PO Certificates) shall be allocated in the following order of priority:
(i) : first, to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) ; second, to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) ; third, to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; seventh, to the Classes of Senior Certificates of the related Certificate GroupGroup (other than the Class PO Certificates), pro rata, in accordance with their Class Certificate Balances.
(iii) from and after the Cross-over Date, the applicable Non-PO Percentage of the principal portion of any Realized Loss for a Mortgage Pool will be allocated among the outstanding classes of Senior Certificates of the related Certificate Group entitled to principal distributions (other than the Class I-A-1 and Class I-A-6 Certificates so long as the Class I-A-8 Certificates are outstanding, the Class I-A-4A Certificates so long as the Class I-A-4B Certificates are outstanding, the Notional Amount Certificates and the Class PO Certificates), pro rata, based upon their respective Class Certificate Balances within such Certificate Group.
(c) From and after the Cross-over Date, (i) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans in Pool I allocable to the Class I-A-1 and Class I-A-6 Certificates will be borne first by the Class I-A-8 Certificates until the Class Certificate Balance of the I-A-8 Certificates is reduced to zero (in addition to other Realized Losses allocated to the Class I-A-8 Certificates), and then by the Class I-A-1 and Class I-A-6 Certificates, pro rata, until their respective Class Certificate Balances are reduced to zero; and (ii) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans in Pool I allocable to the Class I-A-4A Certificates will be borne first by the Class I-A-4B Certificates until the Class Certificate Balance of the I-A-4B Certificates is reduced to zero (in addition to other Realized Losses allocated to the Class I-A-4B Certificates), and then by the Class I-A-4A Certificates, until the Class Certificate Balance of the Class I-A-4A Certificates is reduced to zero.
(d) With respect to any Distribution Date, the applicable Non-PO Percentage of the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(de) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (cd) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (de) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e4.4(f).
(ef) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, and in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date. The aggregate amount of Realized Losses to be allocated to the Principal Only Certificates on such Distribution Date will be taken into account in determining distributions in respect of any Class PO Deferred Amount for such Distribution Date.
(fg) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(gh) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances; provided, that (a) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class I-A-2 Certificates will instead be borne first by the Class I-A-4 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class I-A-4 Certificates), and not by the Class I-A-2 Certificates, until the Class Certificate Balance of the Class I-A-4 Certificates has been reduced to zero and (b) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class II-A-1 Certificates will instead be borne first by the Class II-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class II-A-2 Certificates), and not by the Class II-A-1 Certificates, until the Class Certificate Balance of the Class II-A-2 Certificates has been reduced to zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (Balances, each in the case of the Senior Certificates) , or Apportioned Principal Balances (Balances, in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "“Loss Allocation Limitation"”).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Sec Mort Pass THR Certs Ser 2007-Aa1)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Servicer shall determine aggregate the information provided by each Servicer with respect to the total amount of any Realized Loss in respect of each Losses, including Excess Losses, experienced on the Mortgage Loan that occurred during Loans for the immediately preceding calendar monthrelated Distribution Date.
(b) With respect to any On each Distribution Date, the principal portion of each Realized Loss Losses (other than Excess Losses) shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class of Subordinate Certificates with the highest numerical Class designation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates (other than the Notional Amount Certificates) relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Classes on a pro rata basis), in each case, until the Class Principal Amount of each Class of Senior Certificates is reduced to zero; provided that any Realized Losses (other than Excess Losses) in Pool 2 otherwise allocable to the Class 2-A-2 Certificates shall be allocated to the Class 2-A-3 Certificates, until their respective Class Principal Amounts are reduced to zero;
(c) On each Distribution Date, any Excess Loss) with respect to Losses on the Mortgage Loans in a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate GroupGroup (other than the Notional Amount Certificates) and the Subordinate Certificates then outstanding, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Dateon the basis of, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata such Senior Certificates, their respective Class Principal Amounts and, with respect to each Class of Certificates of Subordinate Certificates, the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or applicable Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of Balance for each such Class in proportion relating to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month Mortgage Pool in which such loss was incurred andRealized Losses occurs; provided, in the case of the principal portion thereofhowever, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on the third Senior Termination Date for a Certificate Group, such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Excess Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as will be allocated to the Senior Certificates and Subordinate Certificates on the basis of their respective Class Principal Amounts; and provided, further, that after the Credit Support Depletion Date, such Excess Losses shall be allocated pro rata to all Senior Certificates (other than the Notional Amount Certificates) regardless of Certificate Group on the basis of their respective Class Principal Amounts immediately prior to the related Distribution Date, until the respective Class Principal Amounts of each such Class are reduced to zero.
(d) On each Distribution Date, the Class Principal Amount of the first day Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced by the amount, if any, by which the aggregate of the month Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date, less any Deficient Valuations occurring on or prior to ) exceeds the Bankruptcy Coverage Termination Aggregate Stated Principal Balance for the following Distribution Date (such limitationamount for any Distribution Date, the "Loss Allocation LimitationSubordinate Certificate Write-down Amount").
(e) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(f) If Subsequent Recoveries have been received with respect to a Liquidated Mortgage Loan, the amount of such Subsequent Recoveries will be applied sequentially, in the order of payment priority, to increase the Class Principal Amount of each Class of Certificates to which Realized Losses have been allocated, but in each case by not more than the amount of Realized Losses previously allocated to that Class of Certificates pursuant to this Section 5.03. Holders of such Certificates will not be entitled to any payment in respect of the Interest Distribution Amount on the amount of such increases for any Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied pro rata to the Principal Amount of each Certificate of such Class.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2004-A2)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer Company shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect shall be allocated as follows:
(i) the applicable PO Percentage of the principal portion of any such Realized Loss shall be allocated to a Mortgage Pool the Class PO Certificates until the Class Certificate Balance thereof has been reduced to zero; and
(ii) the applicable Non-PO Percentage of the principal portion of any such Realized Loss shall be allocated in the following order of priority:
(i) : first, to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) ; second, to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) ; third, to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; seventh, to the Classes of Senior Certificates of other than the related Certificate GroupClass PO Certificates, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata as follows: (1) the PO Percentage of any such loss shall be allocated to the Class PO Certificates, and (2) the Non-PO Percentage of any such loss shall be allocated to each Class of Certificates of other than the related Certificate Group Class PO Certificates, pro rata, based on their the respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates)thereof.
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, and (i) in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date. The aggregate amount of Realized Losses to be allocated to the Class PO Certificates on such Distribution Date will be taken into account in determining distributions in respect of any Class PO Deferred Amount for such date.
(f) On each Distribution Date, the Master Servicer Company shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Principal Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Scheduled Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances; provided, that (a) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class I-A-1 Certificates will instead be borne first by the Class I-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class I-A-2 Certificates), and not by the Class I-A-1 Certificates, until the Class Certificate Balance of the Class I-A-2 Certificates has been reduced to zero and (b) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class II-A-1 Certificates will instead be borne first by the Class II-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class II-A-2 Certificates), and not by the Class II-A-1 Certificates, until the Class Certificate Balance of the Class II-A-2 Certificates has been reduced to zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (Balances, each in the case of the Senior Certificates) , or Apportioned Principal Balances (Balances, in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "“Loss Allocation Limitation"”).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Sec Mort Pass THR Certs Ser 2006-Aa8)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances; provided, that from and after the Cross-over Date the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class I-A-1 Certificates shall instead be borne first by the Class I-A-2 Certificates until the Class Certificate Balance thereof is reduced to zero (in addition to other Realized Losses allocable to the Class I-A-2 Certificates), and not by the Class I-A-1 Certificates, for so long as the Class Certificate Balance of the Class I-A-2 Certificates is greater than zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer Company shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Special Hazard Loss, Excess Fraud Loss and Excess Bankruptcy Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) as follows: first, to the Class B-6 B5 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(ii) ; second, to the Class B-5 B4 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(iii) ; third, to the Class B-4 B3 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 B2 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 B1 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 M Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(vii) ; and seventh, to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Principal Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Special Hazard Loss, Excess Fraud Loss with respect to a Mortgage Pool and Excess Bankruptcy Loss (other than Excess Bankruptcy Losses those attributable to Debt Service Reductions) shall be allocated among all Classes of Certificates, pro rata to each Class of Certificates of the related Certificate Group rata, based on their the respective Class Certificate Principal Balances (in thereof; provided, that any such loss allocated to any Class of Accrual Certificates shall be allocated on the case basis of the Senior Certificateslesser of (x) or Apportioned the Class Certificate Principal Balances Balance thereof immediately prior to the applicable Distribution Date and (in y) the case of Class Certificate Principal Balance thereof on the Subordinated CertificatesClosing Date (as reduced by any Realized Losses previously allocated thereto).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b4.03(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. In addition, any Realized Losses allocated to any Class of Component Certificates on a Distribution Date shall be allocated in reduction of the Component Principal Balances of the related Components (other than any Notional Component) in proportion to their respective Component Principal Balances immediately prior to such Distribution Date. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances Balance (or, in the case of any Component, the Component Principal Balance) of the related Certificates (or Components) on the related Distribution Date in accordance with Section 4.4(e4.03(e).
(e) Realized Losses allocated in accordance with this Section 4.4 4.03 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer Company shall determine the Subordinated Subordinate Certificate Writedown Amount, if any. Any such Subordinated Subordinate Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, effect a corresponding reduction in the Class Certificate Principal Balance of the Subordinated Subordinate Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Principal Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Scheduled Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Securities Administrator shall aggregate the information provided by the Master Servicer (which in turn shall determine be based on information provided to the Master Servicer by the Servicer) with respect to the total amount of any Realized Loss in Losses, with respect of each to the Mortgage Loan that occurred during Loans for the immediately preceding calendar monthrelated Distribution Date.
(b) With respect to any On each Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) Losses on the Mortgage Loans with respect to a Mortgage Pool such Distribution Date shall be allocated in the following order of priorityorder:
(i) to the Class B-6 Certificates B-3 Certificates; second, to the Class B-2 Certificates; third, to the Class B-1 Certificates; fourth, to the Class M-3 Certificates; fifth, to the Class M-2 Certificates; and sixth, to the Class M-1 Certificates, in each case until the Class Certificate Balance thereof Principal Amount of such class of Certificates has been reduced to zero;; and
(ii) to commencing on the Class B-5 Certificates until Credit Support Depletion Date, Realized Losses will be allocated among the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates as follows: first, if the Realized Loss occurs on a Mortgage Loan in a Mortgage Pool where the aggregate Stated Principal Balance of the Mortgage Loans in such Mortgage Pool is greater than the aggregate Class Principal Amount of the related Certificate GroupSenior Certificates, the Realized Loss will be allocated to any Senior Certificates related to a Mortgage Pool where the aggregate Stated Principal Balance of the Mortgage Loans in such Mortgage Pool is less than the aggregate Class Principal Amount of the related Senior Certificates (any such amount, the "Deficiency Amount"), pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their the respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred andDeficiency Amount, in each case until the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, amount by which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as in which the Realized Loss occurs exceeds the aggregate Class Principal Amount of the first day of related Senior Certificates until the month Class Principal Amounts of such Distribution DateSenior Certificates have been reduced to zero; and second, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date Senior Certificates related to the Mortgage Pool in which the Realized Loss occurred, until the Class Principal Amounts thereof have been reduced to zero. Notwithstanding the foregoing, (A) any portion of any Realized Loss that would otherwise be allocated to the Class I-A-1 Certificates will instead be allocated first to the Class I-A-2 Certificates until the Class Principal Amount thereof has been reduced to zero; (B) any portion of any Realized Loss that would otherwise be allocated to the Class II-A-1 Certificates will instead be allocated first to the Class II-A-2 Certificates until the Class Principal Amount thereof has been reduced to zero; and (C) any portion of any Realized Loss that would otherwise be allocated to the Class IV-A-1, Class IV-A-2 or Class IV-A-3 Certificates will instead be allocated first to the Class IV-A-4 Certificates until the Class Principal Amount thereof has been reduced to zero and shall thereafter be allocated, pro rata, to the Class IV-A-1, Class IV-A-2 and Class IV-A-3 Certificates.
(iii) [Reserved]
(iv) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such limitationloss.
(c) Notwithstanding the other provisions of Section 5.03, the "Loss Allocation Limitation")first $0.39 of Realized Losses shall not be allocated to any Class of Certificates.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series MLCC 2007-1)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the The principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated as follows:
(i) with respect to any Distribution Date, the applicable PO Percentage of the principal portion of any such Realized Loss on a Discount Mortgage Loan in such Mortgage Pool shall be allocated to the applicable Class PO Certificates until the Class Certificate Balance thereof has been reduced to zero; and
(ii) prior the Cross-over Date, the applicable Non-PO Percentage of the principal portion of any such Realized Loss (except Excess Losses) (or the applicable PO Percentage thereof, in the case of the related Class PO Certificates) shall be allocated in the following order of priority:
(i) : first, to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) ; second, to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) ; third, to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; and seventh, to the Classes of Senior Certificates of the related Certificate GroupGroup (other than the Class PO Certificates), pro rata, in accordance with their Class Certificate Balances; provided, that the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Super Senior Certificates will instead be borne by the Senior Mezzanine Certificates (in addition to other Realized Losses allocated to the Senior Mezzanine Certificates in the manner provided in paragraph (c)), and not by the Super Senior Certificates, for so long as the Class Certificate Balance of the Senior Mezzanine Certificates is greater than zero.
(c) Commencing on the Cross-over Date, any Realized Losses (other than Excess Losses) which would otherwise be allocated to the Class I-A-6 Certificates will instead be borne by the Class I-A-7 Certificates (in addition to other Realized Losses allocated to the Class I-A-7 Certificates), until the Class Certificate Balance of the Class I-A-7 Certificates is reduced to zero.
(d) Commencing on the Cross-over Date, any Realized Losses (other than Excess Losses) which would otherwise be allocated to the Class I-A-4 and Class I-A-5 Certificates, up to an amount equal to 92.911% and 7.089%, respectively, of the Class Certificate Balance of the Class I-A-8 Certificates for such Distribution Date, and up to a maximum of $3,932,458 and $300,042, respectively, will instead be borne first by the Class I-A-8 Certificates (in addition to other Realized Losses allocated to the Class I-A-8 Certificates) until the Class Certificate Balance of the Class I-A-8 Certificates is reduced to zero.
(e) With respect to any Distribution Date, the applicable Non-PO Percentage of the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(df) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b), (c) or (cd) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (df) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e4.4(g).
(eg) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, and in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date. The aggregate amount of Realized Losses to be allocated to the Class PO Certificates on such Distribution Date will be taken into account in determining distributions in respect of any Class PO Deferred Amount for such Distribution Date.
(fh) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(gi) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication applicable Class PO Fraction of any other provision Realized Loss, including any Excess Loss, on a Class PO Mortgage Component in this Section 4.4 that provides for a reduction in Subgroup 1-1 will be allocated to the Class Certificate Balance A-P Certificates until its Class Principal Amount is reduced to zero. To the extent funds are available on that Distribution Date or any future Distribution Date pursuant to Section 5.02(a)(iii), the related Class PO Shortfall Amount will be paid to the Class A-P Certificates, prior to distributions on Subordinate Certificates.
(b) On or prior to each Distribution Date, the Securities Administrator shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses, including Excess Losses, experienced on the Mortgage Loans or Mortgage Components, as applicable, for the related Distribution Date.
(c) Realized Losses on the Pool 1 and Pool 2 Mortgage Loans with respect to any Distribution Date shall be allocated by the Securities Administrator as follows:
(1) On each Distribution Date, the Realized Losses (other than Excess Losses and the Class PO Fraction of Realized Losses on Class PO Mortgage Components) on the Mortgage Loans shall be allocated as follows: first, to the Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class of Subordinate Certificates with the highest numerical Class designation) until the Class Principal Amount of each such Class is reduced to zero; and second, to the Senior Certificates (other than the Interest-Only and Class A-P Certificates) of the Subordinated Certificate Group related to the Mortgage Group sustaining such loss, pro rata, based on Class Principal Amounts, until the Class Principal Amount of each such Class of Senior Certificates is reduced to zero; provided however that Realized Losses that would otherwise be allocated to the Class 2-A-1 and Class 2-A-3 Certificates will instead be allocated to the Class 2-A-7 Certificates, until the Class Principal Amount of the Class 2-A-7 Certificates is reduced to zero; provided, however that if the Class Principal Amount of the Class 2-A-7 Certificates is insufficient to absorb all losses otherwise allocable to the Class 2-A-1 and Class 2-A-3 Certificates, a corresponding reduction pro rata portion of the Realized Losses otherwise allocable to each such class (based on the amount of such losses) will be allocated to the Class 2-A-7 Certificates.
(2) On each Distribution Date, Excess Losses on a Mortgage Component in a Subgroup, other than the Class PO Fraction of the Excess Loss on a Class PO Mortgage Component, will be allocated pro rata among the Senior Certificates (other than the Interest-Only and Class A-P Certificates) of the related Certificate Group and the Subordinate Certificates as follows: (i) in the case of such Senior Certificates, based on their Class Certificate Balance Principal Amounts and (ii) in the case of the Subordinated Subordinate Certificates, which reduction shall occur pro rata based on such each Classes’ share of the Apportioned Principal Balance for the related Mortgage Group; provided, however, on any Distribution Date on or after giving effect the related Credit Support Deletion Date, any such Excess Losses will be allocated pro rata among the classes of Senior Certificates (other than the Interest-Only and Class A-P Certificates) based on their respective Class Principal Amounts immediately prior to distributions made on such Distribution Date.
(d) [Reserved]
(e) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced by the Subordinate Certificate Writedown Amount.
(f) [Reserved]
(g) Notwithstanding the foregoing, no such Any allocation of any Realized Loss shall be made on a Distribution Date loss pursuant to this Section 5.03 to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(h) If Subsequent Recoveries have been received with respect to a Liquidated Mortgage Loan, the extent that amount of such allocation would result Subsequent Recoveries will be applied sequentially, in the reduction order of payment priority, to increase the Class Principal Amount of each Class of Certificates to which Realized Losses have been allocated in respect of the aggregate Class Certificate Balances of all related Liquidated Mortgage Loan, but in each case by not more than the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations amount of Realized Losses on previously allocated to that Class of Certificates pursuant to this Section 5.03. Holders of such date, Certificates will not be entitled to an amount less than the aggregate Stated Principal Balance any payment in respect of the Mortgage Loans in Interest Distribution Amount on the related Mortgage Pool as of the first day of the month amount of such increases for any Accrual Period preceding the Distribution Date, less any Deficient Valuations occurring Date on or prior which such increase occurs. Any such increases shall be applied pro rata to the Bankruptcy Coverage Termination Date (Principal Amount of each Certificate of such limitation, the "Loss Allocation Limitation")Class.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2007-S1)
Allocation of Losses. (ai) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion applicable PO Percentage of each any Realized Loss (other than Loss, including any Excess Loss) with respect to , on a Discount Mortgage Pool Loan shall be allocated in the following order of priority:
(i) to the Class B-6 A-PO Certificates until the Class Certificate Balance thereof is reduced to zero. The amount of any such Realized Loss, other than an Excess Loss or an Extraordinary Loss, allocated on or prior to the Senior Credit Support Depletion Date will be a "Class A-PO Deferred Amount."
(ii) On each Distribution Date, the applicable Non-PO Percentage of any Realized Loss, other than any Excess Loss or any Extraordinary Loss, shall be allocated first to the Subordinated Certificates, in the reverse order of their relative priority of payment beginning with the Class of Subordinated Certificates then outstanding with the lowest relative priority of payment, in each case until the Class Certificate Balance of the respective Class of Certificates has been reduced to zero;, and then to the Senior Certificates (other than the Class A-PO Certificates) pro rata, based upon their respective Class Certificate Balances. Allocations of the interest portions of Realized Losses shall be made by operation of the definition of "Accrued Certificate Interest" and by operation of the provisions of Section 4.01(a).
(iiiii) On each Distribution Date, the applicable Non-PO Percentage of Excess Losses and Extraordinary Losses shall be allocated pro rata among the Classes of Senior Certificates (other than the Class A-PO Certificates) and the Subordinated Certificates based upon their respective Class Certificate Balances.
(iv) Extraordinary Trust Fund Expenses shall be allocated by the Trustee on each Distribution Date as follows: first, to the Class B-5 Certificates Certificates; second, to the Class B-4 Certificates; third, to the Class B-3 Certificates; fourth, to the Class B-2 Certificates; fifth, to the Class B-1 Certificates; and sixth, to the Class M Certificates, in each case until the Class Certificate Principal Balance thereof has been reduced to zero;
(iii) to . Thereafter, upon the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes reduction of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Subordinate Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 to zero, such Extraordinary Trust Fund Expenses shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all among the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less (other than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring Class IO Certificates) on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")a pro rata basis.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances; provided, that (a) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class I-A-2 Certificates will instead be borne first by the Class I-A-3 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class I-A-3 Certificates), and not by the Class I-A-2 Certificates, until the Class Certificate Balance of the Class I-A-3 Certificates has been reduced to zero and (b) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class II-A-1 Certificates will instead be borne first by the Class II-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class II-A-2 Certificates), and not by the Class II-A-1 Certificates, until the Class Certificate Balance of the Class II-A-2 Certificates has been reduced to zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (Balances, each in the case of the Senior Certificates) , or Apportioned Principal Balances (Balances, in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "“Loss Allocation Limitation"”).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Sec Mort Pass THR Certs Ser 2006-Ar4)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall inform the Trustee in writing with respect to each Mortgage Loan: (1) whether any Realized Loss is a Deficient Valuation or a Debt Service Reduction, (2) of the amount of such loss or Deficient Valuation, or of the terms of such Debt Service Reduction and (3) of the total amount of Realized Losses. Based on such information, the Trustee shall determine the total amount of any Realized Loss in Losses with respect to the related Distribution Date. The principal portion of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With Realized Losses with respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool Date shall be allocated in the following order of priorityas follows:
(i) the applicable PO Percentage of the principal portion of any Realized Loss with respect to a Discount Mortgage Loan shall be allocated to the Class B-6 A-PO Certificates until the Class Certificate Balance thereof has been is reduced to zero;; and
(ii) the applicable Non-PO Percentage of the principal portion of any Realized Loss shall be allocated first to the Subordinate Certificates in reverse order of their respective numerical Class B-5 designations (beginning with the Class of Subordinate Certificates then outstanding with the highest numerical Class designation) until the respective Class Certificate Balance of each such Class is reduced to zero, and second to the Senior Certificates (other than the Class A-PO Certificates), pro rata, on the basis of their respective Class Certificate Balances immediately prior to the related Distribution Date, until the Class Certificate Balance Balances thereof has have been reduced to zero;zero (or, in the case of the Class A-3 Certificates, the Initial Class Certificate Balance, if lower); and
(iiib) to The Class Certificate Balance of the Class B-4 A-PO Certificates until shall be reduced on each Distribution Date by the amount, if any, by which the Class Certificate Balance thereof has been reduced to zero;
of the Class A-PO Certificates (iv) after giving effect to the amount to be distributed as a distribution of principal and the allocation of Realized Losses on such Distribution Date) exceeds the Adjusted Pool Amount (PO Portion) for such Distribution Date. The Class B-3 Certificate Balance of the Class of Subordinate Certificates until then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount, if any, by which the aggregate of the Class Certificate Balances of all outstanding Classes of Certificates (after giving effect to the amount to be distributed as a distribution of principal and the allocation of Realized Losses and Class A-PO Deferred Amounts on such Distribution Date) exceeds the Adjusted Pool Amount for such Distribution Date. After the Senior Credit Support Depletion Date, the Class Certificate Balances of the Senior Certificates in the aggregate (other than the Class Certificate Balance thereof has been reduced to zero;
(v) to of the Class B-2 Certificates until A-PO Certificates) shall be reduced on each Distribution Date by the amount, if any, by which the aggregate of the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Balances of all outstanding Classes of Senior Certificates (other than Class A-PO Certificates) (after giving effect to the amount to be distributed as a distribution of principal and the allocation of Realized Losses on such Distribution Date) exceeds the difference between (i) the Adjusted Pool Amount for such Distribution Date and (ii) the Adjusted Pool Amount (PO Portion) for such Distribution Date. Any such reduction shall be allocated among the Senior Certificates (other than the Class A-PO Certificates) based on the Class Certificate Balances immediately prior to such Distribution Date or, in the case of the related Certificate GroupClass A-3 Certificates, pro rata, in accordance with their the Initial Class Certificate BalancesBalance, if lower.
(c) With respect to any Distribution Date, the principal portion of any Excess Any Realized Loss with respect allocated to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of or any reduction in the related Certificate Group based on their respective Class Certificate Balances (in the case Balance of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b5.03(b) or (c) above shall be allocated among the Certificates of such Class in proportion to their respective Certificate Percentage Interests.
(d) The calculation of the amount to be distributed as principal to any Class of Certificates with respect to a Distribution Date (the "Calculated Principal Balances. Any Distribution") shall be made prior to the allocation of any Realized Losses for such Distribution Date; provided, however, the actual payment of principal to the Classes of Certificates shall be made subsequent to the allocation of Realized Losses pursuant to this paragraph (d) for such Distribution Date. In the event that after the allocation of Realized Losses for a Distribution Date, the Calculated Principal Distribution for a Class of Subordinate Certificates is greater than the Class Certificate Balance of such Class, the excess shall be accomplished by reducing distributed first, sequentially, to the Classes of Subordinate Certificates then outstanding (beginning with the Class of Subordinate Certificates than outstanding with the lowest numerical designation) until the respective Class Certificate Principal Balances Balance of each such Class is reduced to zero and then to the related Certificates on the related Distribution Date Class A Certificates, pro rata, in accordance with the priorities set forth in Section 4.4(e)5.02.
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated After the Senior Credit Support Depletion Date, on the any Distribution Date in on which the month following the month in which such loss was incurred andClass A-5 Loss Allocation Amount is greater than zero, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in Class A-5 Certificates will be reduced by the Class Certificate Balance of A-5 Loss Allocation Amount and, notwithstanding Section 5.03(a)(ii) and Section 5.03(b), the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Class A-3 and Class A-4 Certificates of a related Certificate Group as of such Distribution Date plus will not be reduced by the Apportioned Principal Balances Class A-5 Loss Allocation Amount. To the extent the sum of the Subordinated Certificates Class A-3 and Class A-4 Loss Amounts exceeds the Class A-5 Loss Allocation Amount, such difference will be allocated to the Class A-3 and Class A-4 Certificates, pro rata, on the basis of such their respective Class Certificate Group as of such Balances immediately prior to the related Distribution Date, after giving effect until the Class Certificate Balances thereof have been reduced to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Banc of America Funding Corp Mort Pass THR Cert Ser 2002-2)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer Securities Administrator shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Certificates on any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to on a Mortgage Pool Loan shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) as follows: first, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; second, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; third, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; fourth, to the Classes of Senior Class M-3 Certificates until the Class Certificate Balance thereof has been reduced to zero; fifth, to the Class M-2 Certificates until the Class Certificate Balance thereof has been reduced to zero; sixth, to the Class M-1 Certificates until the Class Certificate Balance thereof has been reduced to zero; seventh, if the Realized Loss occurs on a Mortgage Loan in a Loan Group where the aggregate Stated Principal Balance of the related Certificate Group, pro rata, Mortgage Loans in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, such Loan Group is greater than the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the aggregate Class Certificate Balance of the Subordinated related Senior Certificates, the Realized Loss will be allocated to any Senior Certificates related to a corresponding reduction Loan Group where the aggregate Stated Principal Balance of the Mortgage Loans in such Loan Group is less than the aggregate Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the related Senior Certificates of a related Certificate Group as of (any such Distribution Date plus amount, the Apportioned Principal Balances of "Deficiency Amount"), pro rata, based on the Subordinated Certificates of such Certificate Group as of such Distribution Daterespective Deficiency Amount, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an in each case until the amount less than by which the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as Loan Group in which the Realized Loss occurs exceeds the aggregate Class Certificate Balance of the first day of related Senior Certificates until the month Class Certificate Balances of such Distribution DateSenior Certificates have been reduced to zero; and eighth, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date Senior Certificates related to the Loan Group in which the Realized Loss occurred, until the Class Certificate Balances thereof have been reduced to zero. Notwithstanding the foregoing, any portion of any Realized Loss that would otherwise be allocated to the Class II-A-1 Certificates will instead be allocated first to the Class II-A-2 Certificates until the Class Certificate Balance thereof has been reduced to zero, any portion of any Realized Loss that would otherwise be allocated to the Class III-A-1 Certificates will instead be allocated first to the Class III-A-2 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero, any portion of any Realized Loss that would otherwise be allocated to the Class IV-A-1 Certificates will instead be allocated first to the Class IV-A-2 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero, any portion of any Realized Loss that would otherwise be allocated to the Class V-A-1 Certificates will instead be allocated first to the Class V-A-2 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero, and any portion of any Realized Loss that would otherwise be allocated to the Class VI-A-1 Certificates will instead be allocated first to the Class VI-A-2 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero.
(such limitationc) Notwithstanding the other provisions of Section 6.02, the "Loss Allocation Limitation")first $0.91 of Realized Losses shall not be allocated to any Class of Certificates.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-A3)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances; provided, that (a) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class I-A-1 Certificates will instead be borne first by the Class I-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class I-A-2 Certificates), and not by the Class I-A-1 Certificates, until the Class Certificate Balance of the Class I-A-2 Certificates has been reduced to zero and (b) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class II-A-2 Certificates will instead be borne first by the Class II-A-3 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class II-A-3 Certificates), and not by the Class II-A-2 Certificates, until the Class Certificate Balance of the Class II-A-3 Certificates has been reduced to zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (Balances, each in the case of the Senior Certificates) , or Apportioned Principal Balances (Balances, in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Class Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Class Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "“Loss Allocation Limitation"”).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Sec Mort Pass THR Certs Ser 2007-Ar3)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the The principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated as follows:
(i) with respect to any Distribution Date, the applicable PO Percentage of the principal portion of any such Realized Loss on a Discount Mortgage Loan in such Mortgage Pool shall be allocated to the applicable PO Certificates until the Class Certificate Balance thereof has been reduced to zero; and
(ii) prior to the Cross-over Date, the applicable Non-PO Percentage of the principal portion of any such Realized Loss (except Excess Losses) (or the applicable PO Percentage thereof, in the case of the related Class PO Certificates) shall be allocated in the following order of priority:
(i) : first, to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) ; second, to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) ; third, to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; seventh, to the Classes of Senior Certificates of the related Certificate GroupGroup (other than the Class PO Certificates), pro rata, in accordance with their Class Certificate Balances.
(iii) from and after the Cross-over Date, the applicable Non-PO Percentage of the principal portion of any Realized Loss for a Mortgage Pool will be allocated among the outstanding classes of Senior Certificates of the related Certificate Group entitled to principal distributions (other than (i) the Class I-A-3A Certificates as long as the Class I-A-3B Certificates are outstanding, (ii) the Class I-A-4A Certificates as long as the Class I-A-4B Certificates are outstanding, (iii) the Class I-A-5 Certificates as long as the Class I-A-6 Certificates are outstanding, (iv) the Notional Amount Certificates, and (v) the Class PO Certificates), pro rata, based upon their respective Class Certificate Balances within such Certificate Group.
(c) From and after the Cross-over Date, (i) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans in Pool I allocable to the Class I-A-3A Certificates will instead be borne first by the Class I-A-3B Certificates until the Class Certificate Balance of the Class I-A-3B Certificates is reduced to zero (in addition to other Realized Losses allocable to the Class I-A-3B Certificates), and not by the Class I-A-3A Certificates until the Class Certificate Balance thereof has been reduced to zero, (ii) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans in Pool I allocable to the Class I-A-4A Certificates will instead be borne first by the Class I-A-4B Certificates until the Class Certificate Balance of the Class I-A-4B Certificates is reduced to zero (in addition to other Realized Losses allocable to the Class I-A-4B Certificates), and not by the Class I-A-4A Certificates until the Class Certificate Balance thereof has been reduced to zero, and (iii) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans in Pool I allocable to the Class I-A-5 Certificates will instead be borne first by the Class I-A-6 Certificates until the Class Certificate Balance of the Class I-A-6 Certificates is reduced to zero (in addition to other Realized Losses allocable to the Class I-A-6 Certificates), and not by the Class I-A-5 Certificates until the Class Certificate Balance thereof has been reduced to zero
(d) With respect to any Distribution Date, the applicable Non-PO Percentage of the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates (other than the Class PO Certificates) of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(de) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Class Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (de) shall be accomplished by reducing the Class Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e4.4(f).
(ef) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, and in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date. The aggregate amount of Realized Losses to be allocated to the Principal Only Certificates on such Distribution Date will be taken into account in determining distributions in respect of any Class PO Deferred Amount for such Distribution Date.
(fg) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(gh) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Securities Administrator shall aggregate the information provided by each Servicer shall determine with respect to the total amount of any Realized Loss in respect of each Losses, including Excess Losses, experienced on the Mortgage Loan that occurred during Loans for the immediately preceding calendar monthrelated Distribution Date.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) Losses with respect to a the Mortgage Pool Loans in any Loan Group on any Distribution Date shall be allocated in the following order of priorityas follows:
(i) [Reserved]; and
(ii) (A) any Realized Loss with respect to any Loan Group of Aggregate Group I Mortgage Loans (other than an Excess Loss) shall be allocated first to the Aggregate Group I Subordinated Certificates, in the reverse order of their numerical Class B-6 designations (beginning with the Class of Aggregate Group I Subordinated Certificates then outstanding with the highest numerical Class designation), in each case until the Class Certificate Principal Balance thereof of the respective Class of Certificates has been reduced to zero;
(ii) , and second to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates (other than any Notional Amount Certificates, if applicable), of the related Senior Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, on the principal portion basis of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred andor, in the case of any Class of Accrual Certificates or Accrual Component, on the principal portion thereofbasis of the lesser of their Class Principal Balance or Component Balance, after giving effect as applicable, in each case immediately prior to the distributions made on such related Distribution Date.
(f) On each Distribution Date, Date until the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the respective Class Certificate Principal Balance of the Subordinated Certificateseach such Class is reduced to zero; provided, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
that (gi) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such datethe Group 1 Mortgage Loans that would otherwise be allocated to the Class 1-A-1 Certificates (including any Classes of Exchangeable Certificates for which these Classes of Certificates can be deposited in exchange) will instead be allocated to the Class 1-A-2 Certificates, until its Class Principal Balance is reduced to an amount less than zero, (ii) after the aggregate Stated Class Principal Balance of Class 1-A-2 Certificates is reduced to zero, any Realized Losses on the Group 1 Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior that would otherwise be allocated to the Bankruptcy Coverage Termination Date Class 1-A-3 Certificates will instead be allocated to the Class 1-A-4 Certificates, until its Class Principal Balance is reduced to zero, (such limitationiii) all Realized Losses on the Group 2 Mortgage Loans will be allocated, sequentially, to the "Loss Allocation Limitation"Class 2-A-4, Class 2-A-3, Class 2-A-2 and Class 2-A-1 Certificates (in each case, including any Classes of Exchangeable Certificates for which these Classes of Certificates can be deposited in exchange)., in that order, until their Class Principal Balances are reduced to zero, (iv) any Realized Losses on the Group 3 Mortgage Loans that would otherwise be allocated to the Class 3-A-1 Certificates (including any Classes of Exchangeable Certificates for which these Classes of Certificates can be deposited in exchange) will instead be allocated to the Class 3-A-2 Certificates, until its Class Principal Balance is reduced to zero, (v) after the Class Principal Balance of Class 3-A-2 Certificates is reduced to zero, any Realized Losses on the Group 3 Mortgage Loans that would otherwise be allocated to the Class 3-A-3 Certificates will instead be allocated to the Class 3-A-4 Certificates, until its Class Principal Balance is reduced to zero, (vi) any Realized Losses on the Group 4 Mortgage Loans that would otherwise be allocated to the Class 4-A-1 Certificates (including any Classes of Exchangeable Certificates for which these Classes of Certificates can be deposited in exchange) will instead be allocated to the Class 4-A-2 Certificates, until its Class Principal Balance is reduced to zero, and (vii) after the Class Principal Balance of Class 4-A-2 Certificates is reduced to zero, any Realized Losses on the Group 4 Mortgage Loans that would otherwise be allocated to the Class 4-A-3 Certificates will instead be allocated to the Class 4-A-4 Certificates, until its Class Principal Balance is reduced to zero; and
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(bi) With respect to any Certificates on any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to on a Mortgage Pool Loan shall be allocated in the following order of priority:
(i) as follows: first, to the Class B-6 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(ii) ; second, to the Class B-5 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(iii) ; third, to the Class B-4 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 B- 1 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(vii) ; seventh, to the Classes of Senior Certificates of Support Certificates, until its Current Principal Amount has been reduced to zero, and then, to the related Certificate GroupSuper Senior Certificates; and eighth, pro ratato the Super Senior Certificates, in accordance with their until its Current Principal Amount has been reduced to zero. No Realized Losses will be allocated to the Class Certificate BalancesXP Certificates.
(c) With respect Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to any Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Current Principal Amounts of all the Certificates as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the principal portion aggregate Scheduled Principal Balance of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates all of the related Certificate Group based on their respective Class Certificate Balances (in the case Mortgage Loans as of the Senior Certificates) or Apportioned Principal Balances (in the case first day of the Subordinated Certificatesmonth of such Distribution Date (such limitation, the "Loss Allocation Limitation").
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Current Principal BalancesAmounts. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Current Principal Balances Amount of the related Certificates on the related Distribution Date in accordance with Section 4.4(e)Date.
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer Trustee shall determine the Subordinated Subordinate Certificate Writedown Amount, if any. Any such Subordinated Subordinate Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, effect a corresponding reduction in the Class Certificate Balance Current Principal Amount of (i) if prior to the Cross-Over Date, the Current Principal Amounts of the Subordinated Subordinate Certificates, in the reverse order of their numerical Class designations and (ii) from and after the Cross-Over Date, the Senior Certificates (other than the Class XP Certificates), pro rata based on their respective Current Principal Amounts, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding Any Net Interest Shortfall will be allocated among the foregoing, no Classes of Certificates in proportion to the respective amounts of Accrued Certificate Interest that would have been allocated thereto in the absence of such allocation Net Interest Shortfall for such Distribution Date. The interest portion of any Realized Loss shall be made on a Distribution Date Losses with respect to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Cross-Over Date (will not be allocated among any Certificates, but will reduce the amount of Available Funds on the related Distribution Date. As a result of the subordination of the Subordinate Certificates, in right of distribution, such limitationRealized Losses will be borne by the Subordinate Certificates in inverse order of their numerical Class designations. Following the Cross-Over Date, the "Loss Allocation Limitation")interest portion of Realized Losses on the Mortgage Loans will be allocated, FIRST, to the Senior Support Certificates, and then, to the Super Senior Certificates.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer Securities Administrator shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Certificates on any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to on a Mortgage Pool Loan shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) as follows: first, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; second, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; third, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; fourth, to the Classes of Senior Class M-3 Certificates until the Class Certificate Balance thereof has been reduced to zero; fifth, to the Class M-2 Certificates until the Class Certificate Balance thereof has been reduced to zero; sixth, to the Class M-1 Certificates until the Class Certificate Balance thereof has been reduced to zero; seventh, if the Realized Loss occurs on a Mortgage Loan in a Loan Group where the aggregate Stated Principal Balance of the related Certificate Group, pro rata, Mortgage Loans in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, such Loan Group is greater than the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the aggregate Class Certificate Balance of the Subordinated related Senior Certificates, the Realized Loss will be allocated to any Senior Certificates related to a corresponding reduction Loan Group where the aggregate Stated Principal Balance of the Mortgage Loans in such Loan Group is less than the aggregate Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the related Senior Certificates of a related Certificate Group as of (any such Distribution Date plus amount, the Apportioned Principal Balances of "Deficiency Amount"), pro rata, based on the Subordinated Certificates of such Certificate Group as of such Distribution Daterespective Deficiency Amount, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an in each case until the amount less than by which the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as Loan Group in which the Realized Loss occurs exceeds the aggregate Class Certificate Balance of the first day of related Senior Certificates until the month Class Certificate Balances of such Distribution DateSenior Certificates have been reduced to zero; and eighth, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date Senior Certificates related to the Loan Group in which the Realized Loss occurred, until the Class Certificate Balances thereof have been reduced to zero. Notwithstanding the foregoing, any portion of any Realized Loss that would otherwise be allocated to the Class III-A-1 Certificates will instead be allocated first to the Class III-A-2 Certificates until the Class Certificate Balance thereof has been reduced to zero, and any portion of any Realized Loss that would otherwise be allocated to the Class IV-A-1 Certificates will instead be allocated first to the Class IV-A-2 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero.
(such limitationc) Notwithstanding the other provisions of Section 6.02, the "Loss Allocation Limitation")first $0.90 of Realized Losses shall not be allocated to any Class of Certificates.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-A4)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Securities Administrator shall aggregate the information provided by each Servicer shall determine with respect to the total amount of any Realized Loss in respect of each Losses, including Excess Losses, experienced on the Mortgage Loan that occurred during Loans for the immediately preceding calendar monthrelated Distribution Date.
(b) With Realized Losses with respect to any Distribution DateDate shall be allocated as follows:
(i) the applicable A-P Percentage of any Realized Loss, including any Excess Loss, on a Mortgage Loan, based upon the principal portion related Applicable Fraction, in a Collateral Allocation Group shall be allocated to the related Component of each the Class A-P Certificates, until the Class Principal Balance thereof is reduced to zero; and
(ii) (A) the applicable Non-A-P Percentage of any Realized Loss (other than any an Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated first to the Subordinated Certificates in reverse order of their respective numerical Class designations (beginning with the Class of Subordinated Certificates then outstanding with the highest numerical Class designation) until the respective Class Principal Balance of each such Class is reduced to zero, and second to the Senior Certificates (other than the Class A-P Certificates or the Notional Amount Certificates, as applicable), pro rata to each Class on the basis of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred andor, in the case of any Class of Accrual Certificates or Accrual Component, on the principal portion thereofbasis of the lesser of their Class Principal Balance or Component Balance, after giving effect as applicable, and their initial Class Principal Balance or Component Balance, as applicable, in each case immediately prior to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such related Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding until the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a respective Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of each such Class is reduced to zero; provided, that any Realized Losses (other than an Excess Loss) on the Mortgage Loans in Loans, based upon the related Mortgage Pool as of the first day of the month of such Distribution DateApplicable Fraction, less any Deficient Valuations occurring on or prior in Collateral Allocation Group 1 otherwise allocable to the Bankruptcy Coverage Termination Date Class 1-A-1, Class 1-A-3 or Class 1-A-6 Certificates shall be allocated to the Class 1-A-4 Certificates, until its Class Principal Balance is reduced to zero; provided, further, that any Realized Losses (such limitationother than an Excess Loss) on the Mortgage Loans, based upon the "Loss related Applicable Fraction, in Collateral Allocation Limitation").Group 3 otherwise allocable to the Class 3-A-3 or Class 3-A-7 Certificates shall be allocated to the Class 3-A-4 Certificates, until its Class Principal Balance is reduced to zero; and
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2005-1)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the The principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated as follows:
(i) with respect to any Distribution Date, the applicable PO Percentage of the principal portion of any such Realized Loss on a Discount Mortgage Loan in such Mortgage Pool shall be allocated to the applicable Class PO Certificates until the Class Certificate Balance thereof has been reduced to zero; and
(ii) prior the Cross-over Date, the applicable Non-PO Percentage of the principal portion of any such Realized Loss (except Excess Losses) (or the applicable PO Percentage thereof, in the case of the related Class PO Certificates) shall be allocated in the following order of priority:
(i) : first, to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) ; second, to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) ; third, to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; and seventh, to the Classes of Senior Certificates of the related Certificate GroupGroup (other than the Class PO Certificates), pro rata, in accordance with their Class Certificate Balances.
(c) Commencing on the Cross-over Date, the applicable Non-PO Percentage of the principal portion of any Realized Loss for a Mortgage Pool will be allocated among the outstanding classes of Senior Certificates of the related Certificate Group entitled to principal distributions (other than (i) the Class I-A-4 Certificates, as long as the Class I-A-8 Certificates are outstanding, (ii) the Class I-A-6 Certificates, as long as the Class I-A-7 Certificates are outstanding, and (iii) the Class PO Certificates), pro rata, based upon their Class Certificate Balances.
(d) After the Cross-over Date, the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class I-A-4 Certificates will instead be borne first by the Class I-A-8 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocated to the Class I-A-8 Certificates), and not by the Class I-A-4 Certificates, for so long as the Class Certificate Balance of the Class I-A-8 Certificates is greater than zero. In addition, after the Cross-over Date, the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class I-A-6 Certificates will instead be borne first by the Class I-A-7 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocated to the Class I-A-7 Certificates), and not by the Class I-A-6 Certificates, for so long as the Class Certificate Balance of the Class I-A-7 Certificates is greater than zero.
(e) With respect to any Distribution Date, the applicable Non-PO Percentage of the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(df) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b), (c) or (cd) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (df) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e4.4(g).
(eg) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, and in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date. The aggregate amount of Realized Losses to be allocated to the Class PO Certificates on such Distribution Date will be taken into account in determining distributions in respect of any Class PO Deferred Amount for such Distribution Date.
(fh) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(gi) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer Company shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect shall be allocated as follows:
(i) the applicable PO Percentage of the principal portion of any such Realized Loss shall be allocated to a Mortgage Pool the Class PO Certificates until the Class Certificate Balance thereof has been reduced to zero; and
(ii) the applicable Non-PO Percentage of the principal portion of any such Realized Loss shall be allocated in the following order of priority:
(i) : first, to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) ; second, to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) ; third, to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; seventh, to the Classes of Senior Certificates of other than the related Certificate GroupClass PO Certificates, pro rata, in accordance with their Class Certificate Balances; provided, that any such loss allocated to any Class of Accrual Certificates (and any Accrual Component) shall be allocated (subject to Section 4.4(d)) on the basis of the lesser of (x) the Class Certificate Balance (or Component Principal Balance) thereof immediately prior to the applicable Distribution Date and (y) the Class Certificate Balance (or Component Principal Balance) thereof on the Closing Date (as reduced by any Realized Losses previously allocated thereto).
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata as follows: (1) the PO Percentage of any such loss shall be allocated to the Class PO Certificates, and (2) the Non-PO Percentage of any such loss shall be allocated to each Class of Certificates of other than the related Certificate Group Class PO Certificates, pro rata, based on their the respective Class Certificate Balances thereof; provided, that any such loss allocated to any Class of Accrual Certificates (in and any Accrual Component) shall be allocated (subject to Section 4.4(d)) on the case basis of the Senior Certificateslesser of (x) the Class Certificate Balance (or Apportioned Component Principal Balances Balance) thereof immediately prior to the applicable Distribution Date and (in y) the case of Class Certificate Balance (or Component Principal Balance) thereof on the Subordinated CertificatesClosing Date (as reduced by any Realized Losses previously allocated thereto).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances Balance of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, and (i) in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date, and (ii) in the case of the interest portion thereof, after giving effect to the calculation of the Accrual Amount for the Class A-3 Certificates and the Accrual Amount for the Class A-7 Certificates for such Distribution Date. The aggregate amount of Realized Losses to be allocated to the Class PO Certificates on such Distribution Date will be taken into account in determining distributions in respect of any Class PO Deferred Amount for such date.
(f) On each Distribution Date, the Master Servicer Company shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Principal Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Principal Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Principal Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Scheduled Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Trustee shall aggregate the information provided by the Servicer shall determine with respect to the total amount of any Realized Loss in Losses, with respect of each to the Mortgage Loan that occurred during Loans for the immediately preceding calendar monthrelated Distribution Date.
(b) With respect to any On each Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) Losses with respect to a Mortgage Pool such Distribution Date shall be allocated as follows:
(i) Realized Losses shall be allocated in the following order: first, to the Classes of Subordinate Certificates in reverse order of priority:
their respective numerical Class designations (i) to beginning with the Class B-6 of Subordinate Certificates with the highest numerical Class designation) until the Class Certificate Balance thereof has been Principal Amount of each such Class is reduced to zero;; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Classes on a pro rata basis), in each case, until the Class Principal Amount of each Class of Senior Certificates is reduced to zero.
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;Reserved.
(iii) The Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount, if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the Class B-4 Certificates until distribution of principal and the Class Certificate allocation of Realized Losses, on such Distribution Date) exceeds the Aggregate Stated Principal Balance thereof has been reduced to zero;for the following Distribution Date.
(iv) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class B-3 Certificates until Principal Amount thereof by the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes amount of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balancessuch loss.
(c) With respect to any Distribution DateNotwithstanding the other provisions of Section 5.03, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation first $0.19 of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall not be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")Certificates.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series MLCC 2004-Hb1)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer Company shall determine the amount of any Realized Loss in respect of each Mortgage Loan in each Mortgage Pool that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with in respect of Pool 1 shall be allocated as follows:
(i) the applicable PO Percentage of the principal portion of any such Realized Loss shall be allocated to a Mortgage Pool the Class 1-PO Certificates until the Class Certificate Principal Balance thereof has been reduced to zero; and
(ii) the applicable Non-PO Percentage of the principal portion of any such Realized Loss shall be allocated in the following order of priority:
(i) : first, to the Class B-6 1-B5 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(ii) ; second, to the Class B-5 1-B4 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(iii) ; third, to the Class B-4 1-B3 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 1-B2 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 1-B1 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(vi) ; 106 sixth, to the Class B-1 1-M Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(vii) ; and seventh, to the Classes of Pool 1 Senior Certificates of other than the related Certificate GroupClass 1-PO Certificates, pro rata, in accordance with their Class Certificate Principal Balances.
; provided, that any such loss allocated to any Class of Accrual Certificates (cand any Accrual Component) shall be allocated (subject to Section 4.03(d)) on the basis of the lesser of (x) the Class Certificate Principal Balance (or Component Principal Balance) thereof immediately prior to the applicable Distribution Date and (y) the Class Certificate Principal Balance (or Component Principal Balance) thereof on the Closing Date (as reduced by any Realized Losses previously allocated thereto); and provided, further, that all such losses, other than Non-Credit Losses, that would otherwise be allocable to the Class 1-A7 Certificates shall be allocable, first, to the Class 1-A17 Certificates, until the Class Certificate Principal Balance thereof has been reduced to zero, and second, to the Class 1-A7 Certificates. With respect to any Distribution Date, the principal portion of any Excess each Realized Loss with respect to a Mortgage Pool (other than any Excess Bankruptcy Losses attributable to Debt Service ReductionsLoss) in respect of Pool 2 shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).as follows:
(di) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case applicable PO Percentage of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates allocated to the extent that Class 2-PO Certificates until the Class Certificate Principal Balance thereof has been reduced to zero; and
(ii) the applicable Non-PO Percentage of the principal portion of any such allocation would result Realized Loss shall be allocated in the reduction following order of priority: first, to the aggregate Class 2-B5 Certificates until the Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect Balance thereof has been reduced to all distributions and prior allocations of Realized Losses on such datezero; second, to an amount less than the aggregate Stated Class 2-B4 Certificates until the Class Certificate Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Datethereof has been reduced to zero; third, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitationClass 2-B3 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero; fourth, to the "Loss Allocation Limitation").Class 2-B2 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero; 107
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month, based on information provided by the related Servicer.
(b) With respect to any Certificates any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to on a Mortgage Pool Loan in a Loan Group shall be allocated in the following order of priority:
(i) as follows: first, to the Class B-6 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(ii) ; second, to the Class B-5 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(iii) ; third, to the Class B-4 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(vii) ; seventh, to the Classes Class M Certificates until the Current Principal Amount thereof has been reduced to zero; and eighth, to the Class of Senior Certificates of in the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect Notwithstanding the foregoing clause (b), no such allocation of any Realized Loss shall be made on a Distribution Date to any Class of (i) Subordinated Certificates to the extent that such allocation would result in the reduction of the aggregate Current Principal Amounts of all Certificates in as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on the principal portion Mortgage Loans on such date, to an amount less than the aggregate Scheduled Principal Balance of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates all of the related Mortgage Loans as of the first day of the month of such Distribution Date and (ii) Senior Certificates in a Certificate Group based on their respective Class Certificate Balances (to the extent that such allocation would result in the case reduction of the Senior Certificates) or Apportioned aggregate Current Principal Balances (Amounts of all the Certificates in such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on the Mortgage Loans in the case related Loan Group on such date, to an amount less than the aggregate Scheduled Principal Balance of all of the Subordinated CertificatesMortgage Loans in such Loan Group as of the first day of the month of such Distribution Date (each such limitation in clause (i) and (ii), the "Loss Allocation Limitation").
(d) Any The principal portion of any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Current Principal BalancesAmounts. Any The principal portion of any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Current Principal Balances Amount of the related Certificates on the related Distribution Date in accordance with Section 4.4(e)Date.
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer Securities Administrator shall determine and notify the Subordinated Trustee of the Subordinate Certificate Writedown Amount, if any. Any such Subordinated Subordinate Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, effect a corresponding reduction in the Class Certificate Balance Current Principal Amount of the Subordinated Class B Certificates in the reverse order of their numerical Class designations and thereafter of the Class M Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding The applicable Senior Percentage of Net Interest Shortfalls will be allocated among the foregoing, no Senior Certificates in the related Certificate Group in proportion to the amount of Accrued Certificate Interest that would have been allocated thereto in the absence of such allocation shortfalls. The applicable Subordinate Percentage of Net Interest Shortfall will be allocated among the Subordinate Certificates in proportion to the amount of Accrued Certificate Interest that would have been allocated thereto in the absence of such shortfalls. The interest portion of any Realized Loss shall be made on a Distribution Date Losses with respect to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Cross-Over Date (such limitationwill be allocated to the Class B Certificates in inverse order of their numerical Class designations and then to the Class M Certificates. Following the Cross-Over Date, the "interest portion of Realized Losses on the Mortgage Loans will be allocated to the Senior Certificates in the related Certificate Group.
(h) In addition, in the event that the Master Servicer receives any Subsequent Recoveries from a Servicer, the Master Servicer shall deposit such funds into the Master Servicer Collection Account pursuant to Section 4.01(c)(ii). If, after taking into account such Subsequent Recoveries, the amount of a Realized Loss Allocation Limitation")is reduced, the amount of such Subsequent Recoveries will be applied to increase the Current Principal Amount of the Class of Subordinate Certificates with the highest payment priority to which Realized Losses have been allocated, but not by more than the amount of Realized Losses previously allocated to that Class of Subordinate Certificates pursuant to this Section 6.02. The amount of any remaining Subsequent Recoveries will be applied to sequentially increase the Current Principal Amount of the Subordinate Certificates, beginning with the Class of Subordinate Certificates with the next highest payment priority, up to the amount of such Realized Losses previously allocated to such Class or Classes of Certificates pursuant to this Section 6.02. Holders of such Certificates will not be entitled to any payments in respect of current interest on the amount of such increases for any Interest Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied to the Current Principal Amount of each Subordinate Certificate of such Class in accordance with its respective Fractional Undivided Interest.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Bear Stearns Alt a Tr 04 7)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances; provided, that any such loss allocated to the Accrual Certificates shall instead be allocated on the basis of the lesser of (x) the Class Certificate Balance thereof immediately prior to the applicable Distribution Date and (y) the Class Certificate Balance thereof on the Closing Date (as reduced by any Realized Losses previously allocated thereto).
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates); provided, that any such loss allocated to the Accrual Certificates shall instead be allocated on the basis of the lesser of (x) the Class Certificate Balance thereof immediately prior to the applicable Distribution Date and (y) the Class Certificate Balance thereof on the Closing Date (as reduced by any Realized Losses previously allocated thereto).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, (i) in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date, and (ii) in the case of the interest portion thereof, after giving effect to the calculation of the Accrual Amount for the Accrual Certificates for such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Principal Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Scheduled Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Securities Administrator shall aggregate the information provided by each Servicer shall determine with respect to the total amount of any Realized Loss in respect of each Losses, including Excess Losses, experienced on the Mortgage Loan that occurred during Loans for the immediately preceding calendar monthrelated Distribution Date.
(b) With Realized Losses with respect to any Distribution DateDate shall be allocated as follows:
(i) the applicable A-P Percentage of any Realized Loss, including any Excess Loss, on a Mortgage Loan in a Loan Group shall be allocated to the principal portion related Class of each Class A-P Certificates, until the Class Principal Balance thereof is reduced to zero; and
(ii) (A) the applicable Non-A-P Percentage of any Realized Loss (other than any an Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated first to the Subordinated Certificates in reverse order of their respective numerical Class designations (beginning with the Class of Subordinated Certificates then outstanding with the highest numerical Class designation) until the respective Class Principal Balance of each such Class is reduced to zero, and second to the Senior Certificates (other than the Class 1-A-P or the Class 1-A-X Certificates or related Class C-A-P or Class C-A-X Component, as applicable), pro rata to each Class on the basis of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred andor, in the case of any Class of Accrual Certificates or Accrual Component, on the principal portion thereofbasis of the lesser of their Class Principal Balance or Component Balance, after giving effect as applicable, and their initial Class Principal Balance or Component Balance, as applicable, in each case immediately prior to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such related Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding until the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a respective Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of each such Class is reduced to zero; provided, that any Realized Losses (other than an Excess Loss) on the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior Loan Group 2 otherwise be allocable to the Bankruptcy Coverage Termination Date (such limitationClass 2-A-7 Certificates shall be allocated to the Class 2-A-6 Certificates, the "Loss Allocation Limitation").until its Class Principal Balance is reduced to zero; and
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2004-3)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Securities Administrator shall aggregate the information provided by each Servicer shall determine with respect to the total amount of any Realized Loss in respect of each Losses, including Excess Losses, experienced on the Mortgage Loan that occurred during in the immediately preceding calendar monthrelated Aggregate 109 Loan Group for the related Distribution Date, separately identifying Realized Losses on the Mortgage Loans in each Loan Group.
(b) With Realized Losses with respect to the Aggregate Group I Mortgage Loans on any Distribution DateDate shall be allocated as follows:
(i) the applicable A-P Percentage of any Realized Loss, including any Excess Loss, on an Aggregate Group I Mortgage Loan, based upon the principal portion related Applicable Fraction, in a Collateral Allocation Group shall be allocated to the related Class of each Class A-P Certificates, until the Class Principal Balance thereof is reduced to zero; and
(A) the applicable Non-A-P Percentage of any Realized Loss (other than any an Excess Loss) with respect to a Mortgage Pool shall be allocated first to the Aggregate Group I Subordinated Certificates in reverse order of their respective numerical Class designations (beginning with the Class of Subordinated Certificates then outstanding with the highest numerical Class designation) until the respective Class Principal Balance of each such Class is reduced to zero, and second to the Aggregate Group I Senior Certificates (other than the Class A-P Certificates or the Notional Amount Certificates, as applicable), pro rata on the basis of their respective Class Principal Balances, in the following order case of priority:
(i) any Class of Accrual Certificates or Accrual Component, on the basis of the lesser of their Class Principal Balance or Component Balance, as applicable, and their initial Class Principal Balance or Component Balance, as applicable, in each case immediately prior to the related Distribution Date until the respective Class Principal Balance of each such Class is reduced to zero, except that the applicable Non-A-P Percentage of any Realized Losses on the Collateral Allocation Group 4 Mortgage Loans based upon the Applicable Fraction thereof that would otherwise be allocated to the Class B-6 4-A-2, Class 4-A-4 or Class 4-A-5 Certificates until will instead be allocated to the Class Certificate 4-A-8 Certificates, until its Class Principal Balance thereof has been is reduced to zero;.
(iiB) to the Class B-5 Certificates until applicable Non-A-P Percentage of any Excess Losses on the Class Certificate Balance thereof has been reduced to zero;
(iii) to Aggregate Group I Mortgage Loans, based upon the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) related Applicable Fraction, in a Collateral Allocation Group shall be allocated to the Classes of Senior Aggregate Group I Certificates of the related Senior Certificate GroupGroup (other than the Class A-P Certificates or the Notional Amount Certificates, as applicable) and the Aggregate Group I Subordinated Certificates then outstanding, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Dateon the basis of, the principal portion of any Excess Loss with respect to a such Aggregate Group I Senior Certificates, their respective Class Principal Balances, or in the case of any Class of Accrual Certificates or Accrual Component, on the basis of the lesser of their respective Class Principal Balance and their respective initial Class Principal Balance or their respective Component Balance or their respective initial Component Balance, as the case may be, in each case immediately prior to the related Distribution Date and, with respect to each Class of Aggregate Group I Subordinated Certificates, the applicable Assumed Balance for each such Class relating to the Collateral Allocation Group in which such Realized Loss occurs; provided, however, on any Distribution Date after the third related Senior Termination Date for an Aggregate Group I Senior Certificate Group, such Excess Losses on the Applicable Fractions of the Aggregate Group I Mortgage Pool (other than Loans in the related Collateral Allocation Group will be allocated to the Aggregate Group I Subordinated Certificates on the basis of their respective Class 110 Principal Balances; and provided further that after the related Senior Credit Support Depletion Date, such Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each all Classes and Components of Aggregate Group I Senior Certificates (other than the Class A-P Certificates or the Notional Amount Certificates, as applicable) regardless of Certificates of the related Senior Certificate Group based on the basis of their respective initial Class Certificate Principal Balances (or Component Balances, as applicable, or in the case of the Senior Certificates) any or Apportioned Principal Balances (in the case of any Class of Accrual Certificates or Accrual Component, on the basis of the lesser of their respective Class Principal Balance and their respective initial Class Principal Balance or their respective Component Balance or their respective initial Component Balance, as the case may be, in each case immediately prior to the related Distribution Date.
(iii) any Applied Loss Amounts on the Collateral Allocation Group 5 Mortgage Loans shall be allocated first to the Class OC Certificates, until its Class Principal Balance is reduced to zero, and second, sequentially, to the Class 5-B-1, Class 5-M-2 and Class 5-M-1 Certificates, in that order, until the respective Class Principal Balance of each such Class is reduced to zero.
(i) The Class Principal Balance of the Class of Aggregate Group I Subordinated Certificates)Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the sum of (i) the amount of any payments on each Class of Class A-P Certificates in respect of related Class A-P Deferred Amounts and (ii) the amount, if any, by which the aggregate of the Class Principal Balances of all outstanding Classes of Aggregate Group I Certificates (after giving effect to the distribution of principal and the allocation of Realized Losses and Class A-P Deferred Amounts on such Distribution Date) exceeds the aggregate Stated Principal Balance of the Aggregate Group I Mortgage Loans for the following Distribution Date.
(ii) The Class Principal Balance of the Class of Group 5 Subordinated Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount, if any, by which the aggregate of the Class Principal Balances of all outstanding Classes of Group 5 Certificates (after giving effect to the distribution of principal and the allocation of Applied Loss Amounts on the Collateral Allocation Group 5 Mortgage Loans on such Distribution Date) exceeds the aggregate Stated Principal Balance of the Collateral Allocation Group 5 Mortgage Loans for the following Distribution Date. For the avoidance of doubt, no reductions will be made in the Class Principal Balance of the Class 5-A Certificates in respect of Realized Losses on the Collateral Allocation Group 5 Mortgage Loans.
(d) Any Realized Losses Loss allocated to a Class of Aggregate Group I Certificates or any Applied Loss Amounts allocated to a Class of Group 5 Subordinated Certificates or any reduction in the Class Principal Balance of a Class of Certificates pursuant to Section 4.4(b5.04(b) or (c) above shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. .
(e) Any allocation of Realized Losses to a Certificate or to any Component or any reduction in the Certificate Balance of a Certificate, pursuant to this paragraph (dSection 5.04(b) above shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion Balance or Component Balance thereof, after giving effect to the distributions made on such Distribution Date.as applicable,
(f) On each Distribution Date, For the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication avoidance of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoingdoubt, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior shall be allocated to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")Class P-1 or Class P-2 Certificates.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-7)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) : first, to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) ; second, to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) ; third, to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; seventh, to the Classes of Senior Certificates of the related Certificate GroupCertificates, pro rata, in accordance with their Class Certificate Balances; provided, that any such loss allocated to the Accrual Certificates shall be allocated on the basis of the lesser of (x) the Class Certificate Balance thereof immediately prior to the applicable Distribution Date and (y) the Class Certificate Balance thereof on the Closing Date (as reduced by any Realized Losses previously allocated thereto).
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group Certificates, pro rata, based on their the respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses thereof; provided, that any such loss allocated to a Class of the Accrual Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case basis of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
lesser of (fx) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or thereof immediately prior to the Bankruptcy Coverage Termination applicable Distribution Date (such limitation, the "Loss Allocation Limitation").and
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the CMC Master Servicer and the IndyMac Master Servicer shall determine the amount of any Realized Loss in respect of each CMC Mortgage Loan and IndyMac Mortgage Loan, respectively, in each Mortgage Loan Group that occurred during the immediately preceding calendar month. The Trustee shall then with respect to each such Group 1 Mortgage Loan allocate Realized Losses on a pro rata basis between the PO Percentage of the Scheduled Principal Balance of a Mortgage Loan which suffered a Realized Loss and the Non-PO Percentage of the Scheduled Principal Balance of such Mortgage Loan.
(b) With respect to any Distribution Determination Date, with respect to Group 1 Certificates and Group 2 Certificates, the principal portion of each Realized Loss on a Group 1 Mortgage Loan or Group 2 Mortgage Loan (other than any Excess Bankruptcy Loss, Excess Special Hazard Loss and Excess Fraud Loss) with respect to a Mortgage Pool shall be allocated in the following order of priorityas follows:
(i) The applicable PO Percentage of any such Realized Loss on a Group 1 Mortgage Loan shall be allocated to the PO Component; and
(ii) The applicable Non-PO Percentage of any such Realized Loss on a Group 1 Mortgage Loan and any such Realized Loss on a Group 2 Mortgage Loan shall be allocated as follows: first, to the Class B-6 B-6-P Certificates until the current Principal Amount thereof has been reduced to zero; second, to the Class Certificate Balance B-5 Certificates until the Current Principal Amount thereof has been reduced to zero; third, to the Class B-4 Certificates until the Current Principal Amount thereof has been reduced to zero; fourth, to the Class B-3 Certificates until the Current Principal Amount thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the The principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated as follows:
(i) with respect to any Distribution Date, the applicable PO Percentage of the principal portion of any such Realized Loss on a Discount Mortgage Loan in such Mortgage Pool shall be allocated to the applicable Class PO Certificates until the Class Certificate Balance thereof has been reduced to zero; and
(ii) prior to the Cross-over Date, the applicable Non-PO Percentage of the principal portion of any such Realized Loss (except Excess Losses) (or the applicable PO Percentage thereof, in the case of the related Class PO Certificates) shall be allocated in the following order of priority:
(i) : first, to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) ; second, to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) ; third, to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; and seventh, to the Classes of Senior Certificates of the related Certificate GroupGroup (other than the Class PO Certificates), pro rata, in accordance with their Class Certificate Balances; provided, that the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Super Senior Certificates will instead be borne by the Senior Mezzanine Certificates (in addition to other Realized Losses allocated to the Senior Mezzanine Certificates in the manner provided in paragraph (c)), and not by the Super Senior Certificates, for so long as the Class Certificate Balance of the Senior Mezzanine Certificates is greater than zero.
(c) From and after the Cross-over Date, any Realized Losses (other than Excess Losses) which would otherwise be allocated to the Class I-A-1 Certificates will instead be borne by the Class I-A-2 Certificates (in addition to other Realized Losses allocated to the Class I-A-2 Certificates), until the Class Certificate Balance of the Class I-A-2 Certificates is reduced to zero.
(d) From and after the Cross-over Date, any Realized Losses (other than Excess Losses) which would otherwise be allocated to the Class I-A-4 Certificates will instead be borne by the Class I-A-5 Certificates (in addition to other Realized Losses allocated to the Class I-A-5 Certificates), until the Class Certificate Balance of the Class I-A-5 Certificates is reduced to zero.
(e) From and after the Cross-over Date, any Realized Losses (other than Excess Losses) which would otherwise be allocated to the Class I-A-6 Certificates will instead be borne by the Class I-A-7 Certificates (in addition to other Realized Losses allocated to the Class I-A-7 Certificates), until the Class Certificate Balance of the Class I-A-7 Certificates is reduced to zero.
(f) With respect to any Distribution Date, the applicable Non-PO Percentage of the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(dg) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b), (c), (d) or (ce) shall be allocated among the Certificates of such Class in proportion to their respective Class Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (dg) shall be accomplished by reducing the Class Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e4.4(h).
(eh) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, and in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date. The aggregate amount of Realized Losses to be allocated to the Class PO Certificates on such Distribution Date will be taken into account in determining distributions in respect of any Class PO Deferred Amount for such Distribution Date.
(fi) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(gj) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances; provided that the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans in Pool III allocable to the Super Senior Certificates will instead be allocated to the Senior Support Certificates (in addition to other Realized Losses allocated to the Senior Support Certificates), and not to the Super Senior Certificates, for so long as the Class Certificate Balance of the Senior Support Certificates is greater than zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) the applicable Class PO Percentage of the principal portion of any such Realized Loss on a Discount Mortgage Loan shall be allocated to the Principal Only Certificates until the Class Certificate Balance thereof has been reduced to zero; and
(ii) the applicable Non-Class PO Percentage of the principal portion of any such Realized Loss shall be allocated in the following order of priority: first, to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) ; second, to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) ; third, to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; and seventh, to the Classes of Senior Certificates of (other than the related Certificate GroupPrincipal Only Certificates), pro rata, in accordance with their respective Class Certificate Balances.
(c) Commencing on the Cross-over Date, the applicable Non-Class PO Percentage of the principal portion of any Realized Loss will be allocated among the outstanding classes of Senior Certificates entitled to principal distributions (other than the Principal Only Certificates) pro rata based upon their Class Certificate Balances.
(d) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates)Balances.
(de) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Class Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (de) shall be accomplished by reducing the Class Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e4.4(f).
(ef) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, and in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(fg) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(gh) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Classes of Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Pool Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall inform the Trustee in writing with respect to each Mortgage Loan: (1) whether any Realized Loss is a Deficient Valuation or a Debt Service Reduction, (2) of the amount of such loss or Deficient Valuation, or of the terms of such Debt Service Reduction and (3) of the total amount of Realized Losses. Based on such information, the Trustee shall determine the total amount of any Realized Loss in Losses with respect to the related Distribution Date. The principal portion of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With Realized Losses with respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool Date shall be allocated in the following order of priorityas follows:
(i) the applicable PO Percentage of the principal portion of any Realized Loss with respect to a Discount Mortgage Loan shall be allocated to the Class B-6 A-PO Certificates until the Class Certificate Balance thereof has been is reduced to zero;; and
(ii) the applicable Non-PO Percentage of the principal portion of any Realized Loss shall be allocated first to the Subordinate Certificates in reverse order of their respective numerical Class B-5 designations (beginning with the Class of Subordinate Certificates then outstanding with the highest numerical Class designation) until the respective Class Certificate Balance of each such Class is reduced to zero, and second to the Senior Certificates (other than the Class A-PO Certificates), pro rata, on the basis of their respective Class Certificate Balances immediately prior to the related Distribution Date, until the Class Certificate Balance Balances thereof has have been reduced to zero;zero (or, in the case of the Class A-5 Certificates, the Initial Class Certificate Balance, if lower); and
(iiib) to The Class Certificate Balance of the Class B-4 A-PO Certificates until shall be reduced on each Distribution Date by the amount, if any, by which the Class Certificate Balance thereof has been reduced to zero;
of the Class A-PO Certificates (iv) after giving effect to the amount to be distributed as a distribution of principal and the allocation of Realized Losses on such Distribution Date) exceeds the Adjusted Pool Amount (PO Portion) for such Distribution Date. The Class B-3 Certificate Balance of the Class of Subordinate Certificates until then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount, if any, by which the aggregate of the Class Certificate Balances of all outstanding Classes of Certificates (after giving effect to the amount to be distributed as a distribution of principal and the allocation of Realized Losses and Class A-PO Deferred Amounts on such Distribution Date) exceeds the Adjusted Pool Amount for such Distribution Date. After the Senior Credit Support Depletion Date, the Class Certificate Balances of the Senior Certificates in the aggregate (other than the Class Certificate Balance thereof has been reduced to zero;
(v) to of the Class B-2 Certificates until A-PO Certificates) shall be reduced on each Distribution Date by the amount, if any, by which the aggregate of the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Balances of all outstanding Classes of Senior Certificates (other than Class A-PO Certificates) (after giving effect to the amount to be distributed as a distribution of principal and the allocation of Realized Losses on such Distribution Date) exceeds the difference between (i) the Adjusted Pool Amount for such Distribution Date and (ii) the Adjusted Pool Amount (PO Portion) for such Distribution Date. Any such reduction shall be allocated among the Senior Certificates (other than the Class A-PO Certificates) based on the Class Certificate Balances immediately prior to such Distribution Date or, in the case of the related Certificate GroupClass A-5 Certificates, pro rata, in accordance with their the Initial Class Certificate BalancesBalance, if lower.
(c) With respect to any Distribution Date, the principal portion of any Excess Any Realized Loss with respect allocated to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of or any reduction in the related Certificate Group based on their respective Class Certificate Balances (in the case Balance of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b5.03(b) or (c) above shall be allocated among the Certificates of such Class in proportion to their respective Certificate Percentage Interests.
(d) The calculation of the amount to be distributed as principal to any Class of Certificates with respect to a Distribution Date (the "Calculated Principal Balances. Any Distribution") shall be made prior to the allocation of any Realized Losses for such Distribution Date; provided, however, the actual payment of principal to the Classes of Certificates shall be made subsequent to the allocation of Realized Losses pursuant to this paragraph (d) for such Distribution Date. In the event that after the allocation of Realized Losses for a Distribution Date, the Calculated Principal Distribution for a Class of Subordinate Certificates is greater than the Class Certificate Balance of such Class, the excess shall be accomplished by reducing distributed first, sequentially, to the Classes of Subordinate Certificates then outstanding (beginning with the Class of Subordinate Certificates than outstanding with the lowest numerical designation) until the respective Class Certificate Principal Balances Balance of each such Class is reduced to zero and then to the related Certificates on the related Distribution Date Class A Certificates, pro rata, in accordance with the priorities set forth in Section 4.4(e)5.02.
(e) With respect to any Distribution Date, Realized Losses allocated in accordance with pursuant to this Section 4.4 shall 5.03 will be allocated on the Distribution Date to each Uncertificated Lower-Tier Interest in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect an amount equal to the distributions made on such Distribution Dateamount allocated to its respective Corresponding Upper-Tier Class or Classes as provided above.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Banc of America Mort Sec Inc Alternative Loan Trust 2003-1)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the The principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated as follows:
(i) with respect to any Distribution Date, the applicable PO Percentage of the principal portion of any such Realized Loss on a Discount Mortgage Loan in such Mortgage Pool shall be allocated to the applicable PO Certificates until the Class Certificate Balance thereof has been reduced to zero; and
(ii) prior to the Cross-over Date, the applicable Non-PO Percentage of the principal portion of any such Realized Loss (except Excess Losses) (or the applicable PO Percentage thereof, in the case of the related Class PO Certificates) shall be allocated in the following order of priority:
(i) : first, to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) ; second, to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) ; third, to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; and seventh, to the Classes of Senior Certificates of the related Certificate GroupGroup (other than the Class PO Certificates), pro rata, in accordance with their Class Certificate Balances;
(iii) from and after the Cross-over Date, the applicable Non-PO Percentage of the principal portion of any Realized Loss for a Mortgage Pool will be allocated among the outstanding Classes of Senior Certificates of the related Certificate Group entitled to principal distributions ((other than (i) the Super Senior Certificates as long as the Senior Mezzanine Certificates are outstanding, and (ii) the Class PO Certificates), pro rata, based upon their Class Certificate Balances within that Certificate Group.
(c) From and after the Cross-over Date, the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans in Pool I allocable to the Super Senior Certificates will instead be borne first by the Senior Mezzanine Certificates, pro rata, until the Class Certificate Balance of the Senior Mezzanine Certificates is reduced to zero (in addition to other Realized Losses allocable to the Senior Mezzanine Certificates), and not by the Super Senior Certificates until the Class Certificate Balance of the Senior Mezzanine Certificates has been reduced to zero.
(d) With respect to any Distribution Date, the applicable Non-PO Percentage of the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates (other than the Class PO Certificates) of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(de) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b), (c) or (cd) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (de) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e4.4(f).
(ef) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, and in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date. The aggregate amount of Realized Losses to be allocated to the Principal Only Certificates on such Distribution Date will be taken into account in determining distributions in respect of any Class PO Deferred Amount for such Distribution Date.
(fg) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(gh) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "“Loss Allocation Limitation"”).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Sec Mort Pass THR Certs Ser 2006-3)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Certificates on any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to on a Mortgage Pool Loan shall be allocated in the following order of priority:
(i) as follows: first, to the Class B-6 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(ii) ; second, to the Class B-5 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(iii) ; third, to the Class B-4 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(vii) ; seventh, if such loss is on a Group 1, Group 2 or Group 3 Mortgage Loan, to the Classes of Group 1, Group 2 or Group 3 Senior Certificates of Certificates, respectively. eighth, to the related Certificate GroupSenior Certificates, on a pro rata, in accordance with their Class Certificate Balancesrata basis.
(c) With respect Notwithstanding the foregoing clause (b), no such allocation of any Realized Loss shall be made on a Distribution Date to any Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Current Principal Amounts of all the Certificates as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the principal portion aggregate Scheduled Principal Balance of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates all of the related Certificate Group based on their respective Class Certificate Balances (in the case Mortgage Loans as of the Senior Certificates) or Apportioned Principal Balances (in the case first day of the Subordinated Certificatesmonth of such Distribution Date (such limitation, the "Loss Allocation Limitation").
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Current Principal BalancesAmounts. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Current Principal Balances Amount of the related Certificates on the related Distribution Date in accordance with Section 4.4(e)Date.
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer Securities Administrator shall determine and notify the Subordinated Trustee of the Subordinate Certificate Writedown Amount, if any. Any such Subordinated Subordinate Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, effect a corresponding reduction in the Class Certificate Balance Current Principal Amount of (i) if prior to the Cross-Over Date, the Current Principal Amounts of the Subordinated Subordinate Certificates, in the reverse order of their numerical Class designations and (ii) from and after the Cross-Over Date, the Senior Certificates which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding Any Net Interest Shortfall will be allocated among the foregoing, no Classes of Certificates in proportion to the respective amounts of Accrued Certificate Interest that would have been allocated thereto in the absence of such allocation Net Interest Shortfall for such Distribution Date. The interest portion of any Realized Loss shall be made on a Distribution Date Losses with respect to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Cross-Over Date (will not be allocated among any Certificates, but will reduce the amount of Available Funds on the related Distribution Date. As a result of the subordination of the Subordinate Certificates in right of distribution, such limitationRealized Losses will be borne by the Subordinate Certificates in inverse order of their numerical Class designations. Following the Cross-Over Date, the "Loss Allocation Limitation")interest portion of Realized Losses on the Mortgage Loans in any Loan Group will be allocated to the related Senior Certificates.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Certificates on any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to on a Mortgage Pool Loan shall be allocated in the following order of priority:
(i) as follows: first, to the Class B-6 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(ii) ; second, to the Class B-5 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(iii) ; third, to the Class B-4 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 Certificates until the Class Certificate Balance Current Principal Amount thereof has been reduced to zero;
(vii) ; seventh, if such loss is on a Group 1 or Group 2 Mortgage Loan, to the Classes of Group 1 or Group 2 Senior Certificates of Certificates, respectively. eighth, to the related Certificate GroupSenior Certificates, on a pro rata, in accordance with their Class Certificate Balancesrata basis.
(c) With respect Notwithstanding the foregoing clause (b), no such allocation of any Realized Loss shall be made on a Distribution Date to any Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Current Principal Amounts of all the Certificates as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the principal portion aggregate Scheduled Principal Balance of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates all of the related Certificate Group based on their respective Class Certificate Balances (in the case Mortgage Loans as of the Senior Certificates) or Apportioned Principal Balances (in the case first day of the Subordinated Certificatesmonth of such Distribution Date (such limitation, the "Loss Allocation Limitation").
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Current Principal BalancesAmounts. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Current Principal Balances Amount of the related Certificates on the related Distribution Date in accordance with Section 4.4(e)Date.
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer Securities Administrator shall determine and notify the Subordinated Trustee of the Subordinate Certificate Writedown Amount, if any. Any such Subordinated Subordinate Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, effect a corresponding reduction in the Class Certificate Balance Current Principal Amount of (i) if prior to the Cross-Over Date, the Current Principal Amounts of the Subordinated Subordinate Certificates, in the reverse order of their numerical Class designations and (ii) from and after the Cross-Over Date, the Senior Certificates which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding Any Net Interest Shortfall will be allocated among the foregoing, no Classes of Certificates in proportion to the respective amounts of Accrued Certificate Interest that would have been allocated thereto in the absence of such allocation Net Interest Shortfall for such Distribution Date. The interest portion of any Realized Loss shall be made on a Distribution Date Losses with respect to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Cross-Over Date (will not be allocated among any Certificates, but will reduce the amount of Available Funds on the related Distribution Date. As a result of the subordination of the Subordinate Certificates in right of distribution, such limitationRealized Losses will be borne by the Subordinate Certificates in inverse order of their numerical Class designations. Following the Cross-Over Date, the "Loss Allocation Limitation")interest portion of Realized Losses on the Mortgage Loans in any Loan Group will be allocated to the related Senior Certificates.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) : first, to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) ; second, to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) ; third, to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) ; fourth, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; fifth, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; sixth, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; seventh, to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate BalancesBalance; provided that the principal portion of any Realized Loss allocated to the Class I-A-4 Certificates shall instead be allocable to the Class I-A-5 Certificates until the Class Certificate Balance thereof has been reduced to zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) incurred. On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(gf) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Principal Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Scheduled Principal Balance of the Mortgage Loans in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Determination Distribution Date, the Master Servicer TrusteeSecurities Administrator shall determine calculate the amount of any aggregate Realized Loss in Losses for such Distribution Date based on the information with respect of each Mortgage Loan that occurred during to losses as reported to it by the immediately preceding calendar monthServicer.
(b) With respect to any On each Distribution Date, the TrusteeSecurities Administrator shall allocate the principal portion of each Realized Loss (other than any Excess Loss) with respect Losses as follows: first, to a Mortgage Pool shall be allocated the Classes of Subordinate Certificates in the following reverse order of priority:
their respective numerical Class designations (i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to beginning with the Class B-4 Certificates and ending with the Class B-1 Certificates) until the Class Certificate Balance thereof has been Principal Amount of each such Class is reduced to zero;
; and second, to each Class of Senior Certificates (ivother than the Interest-Only Certificates) to (allocated among the Class B-3 Senior Certificates on a pro rata basis), in each case, until the Class Certificate Balance thereof has been Principal Amount of such Class of Senior Certificates is reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances.
(c) With respect to any On each Distribution Date, the principal portion Class Principal Amount of any Excess Loss the Class of Subordinate Certificates then outstanding with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) the highest numerical Class designation shall be allocated pro rata to reduced on each Distribution Date by the Certificate Writedown Amount and if no Subordinate Certificates are then outstanding the Class of Certificates Principal Amount of the related Class A-1 Certificates shall be reduced by the Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates)Writedown Amount.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.
(f) Realized Losses and the amount of any Certificate Writedown Amount allocated by this Section to a Class of Certificates shall be allocated to the corresponding Lower Tier REMIC Interest and shall reduce the Class Principal Amount of such Lower Tier REMIC Interest to the same extent that the Class Principal Amount of such Class of Certificates is reduced pursuant to the provisions of this Section. Subsequent Recoveries distributed to a Class of Certificates pursuant to Section 4.4(b) or (cthe provisions of subsection 5.03(e) shall be allocated among deemed to have been distributed to the corresponding Lower Tier REMIC Interest. To the extent that the Class Principal Amount of any Class of Certificates has been increased on account of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses Subsequent Recoveries pursuant to this paragraph (d) the provisions of subsection 5.03(e), the principal balance of the corresponding Lower Tier REMIC Interest shall be accomplished increased by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Datesame amount.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Any Class of Certificates whose Class Principal Amount has been reduced to zero due to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all the Senior Certificates of a related Certificate Group as of such Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, will nonetheless remain outstanding under this Agreement and will continue to an amount less than be entitled to receive Subsequent Recoveries until the aggregate Stated Principal Balance termination of the Mortgage Loans in the related Mortgage Pool as Trust Fund; provided, however, that any such Class of the first day of the month of such Distribution Date, less Certificates will not have any Deficient Valuations occurring on voting rights with respect to matters under this Agreement requiring or prior permitting actions to the Bankruptcy Coverage Termination Date (such limitation, the "Loss Allocation Limitation")be taken by any Certificateholders.
Appears in 1 contract
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer Securities Administrator shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Certificates on any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to on a Mortgage Pool Loan shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) as follows: first, to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) ; second, to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) ; third, to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) ; fourth, to the Classes of Senior Class M-3 Certificates until the Class Certificate Balance thereof has been reduced to zero; fifth, to the Class M-2 Certificates until the Class Certificate Balance thereof has been reduced to zero; sixth, to the Class M-1 Certificates until the Class Certificate Balance thereof has been reduced to zero; seventh, if the Realized Loss occurs on a Mortgage Loan in a Loan Group where the aggregate Stated Principal Balance of the related Certificate Group, pro rata, Mortgage Loans in accordance with their Class Certificate Balances.
(c) With respect to any Distribution Date, such Loan Group is greater than the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall determine the Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the aggregate Class Certificate Balance of the Subordinated related Senior Certificates, the Realized Loss will be allocated to any Senior Certificates related to a corresponding reduction Loan Group where the aggregate Stated Principal Balance of the Mortgage Loans in such Loan Group is less than the aggregate Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on related Senior Certificates (any excess of such Distribution Date after giving effect to distributions made on such Distribution Date.
(g) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to a Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Class Certificate Balances of all Balance over such aggregate Stated Principal Balance, the Senior Certificates of a related Certificate Group as of such Distribution Date plus "Deficiency Amount"), pro rata, based on the Apportioned Principal Balances of respective Deficiency Amounts, in each case until the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than by which the aggregate Stated Principal Balance of the Mortgage Loans in the related Mortgage Pool as Loan Group in which the Realized Loss occurs exceeds the aggregate Class Certificate Balance of the first day of related Senior Certificates has been reduced to zero or until the month Class Certificate Balances of such Distribution DateSenior Certificates have been reduced to zero; and eighth, less any Deficient Valuations occurring on or prior to the Bankruptcy Coverage Termination Date Senior Certificates as follows:
(i) Realized Losses related to the Group 1 Mortgage Loans will be allocated to the Class I-A1, Class I-A2 and Class I-A3 Certificates, pro rata, until the Class Certificate Principal Balance of each such limitationclass has been reduced to zero; provided, however, that any portion of any Realized Loss that would otherwise be allocated to the Class I-A1 Certificates will instead be allocated first to the Class I-A2 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero;
(ii) Realized Losses related to the Group 2 Mortgage Loans will be allocated sequentially (a) to the Class II-A2 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero and (b) to the Class II-A1 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero; and
(iii) Realized Losses related to the Group 3 Mortgage Loans will be allocated sequentially (a) to the Class III-A2 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero and (b) to the Class III-A1 Certificates until the Class Certificate Principal Balance thereof has been reduced to zero.
(c) Notwithstanding the other provisions of Section 6.02, the "Loss Allocation Limitation")first $0.18 of Realized Losses shall not be allocated to any Class of Certificates.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Backed Securities Trust, Series 2007-3)