Common use of Basis Risk Cap Agreement Clause in Contracts

Basis Risk Cap Agreement. (a) The Securities Administrator, on behalf of the Trust Fund, shall establish an account for the Basis Risk Cap Agreement (the “Basis Risk Cap Account”). The Basis Risk Cap Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other monies, including, without limitation, other monies of the Securities Administrator held by the Securities Administrator pursuant to this Agreement. (b) The Securities Administrator shall deposit into the Basis Risk Cap Account any amounts received from the Basis Risk Cap Provider under the Basis Risk Cap Agreement. (c) Funds in the Basis Risk Cap Account shall be invested in Permitted Investments. Any earnings on such amounts shall be distributed on each Distribution Date pursuant to Section 5.01(j). The Class C Certificates shall evidence ownership of the Basis Risk Cap Account for federal income tax purposes and the Holder thereof shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. GCFP shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholders as to investment of funds on deposit in the Basis Risk Cap Account, such funds shall remain uninvested. Any amounts on deposit in the Basis Risk Cap Account in excess of the Basis Risk Cap Amount on any Distribution Date shall be held for distribution pursuant to Section 5.01(j) on the following Distribution Date. (d) Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Cap Account shall be distributed pursuant to the priorities set forth in Sections 5.01(j).

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (HarborView 2007-6), Pooling and Servicing Agreement (HarborView 2007-4), Pooling and Servicing Agreement (HarborView 2007-6)

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Basis Risk Cap Agreement. 140 (a) The Securities Administrator, on behalf of the Trust Fund, shall establish an account for the Basis Risk Cap Agreement (the “Basis Risk Cap Account”). The Basis Risk Cap Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other monies, including, without limitation, other monies of the Securities Administrator held by the Securities Administrator pursuant to this Agreement. (b) The Securities Administrator shall deposit into the Basis Risk Cap Account any amounts received from the Basis Risk Cap Provider under the Basis Risk Cap Agreement. (c) Funds in the Basis Risk Cap Account shall be invested in Permitted Investments. Any earnings on such amounts shall be distributed on each Distribution Date pursuant to Section 5.01(j). The Class C Certificates shall evidence ownership of the Basis Risk Cap Account for federal income tax purposes and the Holder thereof shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. GCFP shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholders as to investment of funds on deposit in the Basis Risk Cap Account, such funds shall remain uninvested. Any amounts on deposit in the Basis Risk Cap Account in excess of the Basis Risk Cap Amount on any Distribution Date shall be held for distribution pursuant to Section 5.01(j) on the following Distribution Date. (d) Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Cap Account shall be distributed pursuant to the priorities set forth in Sections 5.01(j).

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (HarborView 2007-7), Pooling and Servicing Agreement (HarborView 2007-7)

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Basis Risk Cap Agreement. (a) The Securities Administrator, on behalf of the Trust Fund, shall establish an account for the Basis Risk Cap Agreement (the “Basis Risk Cap Account”). The Basis Risk Cap Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other monies, including, without limitation, other monies of the Securities Administrator held by the Securities Administrator pursuant to this Agreement. (b) The Securities Administrator shall deposit into the Basis Risk Cap Account any amounts received from the Basis Risk Cap Provider under the Basis Risk Cap Agreement. (c) Funds in the Basis Risk Cap Account shall be invested in Permitted Investments. Any earnings on such amounts shall be distributed on each Distribution Date pursuant to Section 5.01(j5.01(f). The Class C Certificates shall evidence ownership of the Basis Risk Cap Account for federal income tax purposes and the Holder thereof shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. GCFP shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholders as to investment of funds on deposit in the Basis Risk Cap Account, such funds shall remain uninvested. Any amounts on deposit in the Basis Risk Cap Account in excess of the Basis Risk Cap Amount on any Distribution Date shall be held for distribution pursuant to Section 5.01(j5.01(f) on the following Distribution Date. (d) Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Cap Account shall be distributed pursuant to the priorities set forth in Sections 5.01(j5.01(i). (e) If required pursuant to the terms of the Basis Risk Cap Agreement, the Securities Administrator shall invest any amounts on deposit in the Swap Collateral Account (as defined in the Basis Risk Cap Agreement) in Permitted Investments as directed by the Basis Risk Cap Provider. In the absence of written instructions from the Basis Risk Cap Provider as to investment of funds on deposit in the Swap Collateral Account, such funds shall remain uninvested. All interest and other gain from such Permitted Investments shall be deposited in the Swap Collateral Account and any loss resulting from such Permitted Investments shall be deducted from the Swap Collateral Account. The Swap Collateral Account shall be opened by the Securities Administrator upon receipt of the first payment of applicable collateral as set forth in the Basis Risk Cap Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Dsla 2007-Ar1)

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