Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. (b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv). (c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof. (d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Home Equity Asset Trust 2007-1), Pooling and Servicing Agreement (Home Equity Asset Trust 2006-5), Pooling and Servicing Agreement (Home Equity Asset Trust 2007-2)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(e)(ix) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfallspursuant to Sections 4.02(e)(ix) to the extent Monthly Excess Cashflow on such date is insufficient to make such payments. Any In addition, any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(ix)(A)-(G) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(e)(xi).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xi) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xi) hereof.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Hm Eq Pass THR Certs Ser 2003-7), Pooling and Servicing Agreement (Credit Suisse First Boston Mort Sec Corp Home Eq as Tr 03-5), Pooling and Servicing Agreement (Home Equity Pass-Through Certificates Series 2003-8)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the LIBOR Certificates, the Basis Risk Reserve Fund, into which the Depositor shall deposit $1,000. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the The Trustee shall transfer make withdrawals from the Certificate Account to the Basis Risk Reserve Fund to make distributions pursuant to Section 4.02(e)(xiii4.1(d) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv)hereof.
(c) Funds in the Basis Risk Reserve Fund may shall be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution DateInvestments. Any net investment earnings on such amounts shall be payable distributed on each Distribution Date to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementCertificateholders. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and the Holders Holder thereof shall direct the Trustee Trustee, in writing writing, as to the investment of amounts on deposit therein. The Trustee Class X Certificateholders shall treat be liable for any losses incurred on such investments. In the absence of written instructions from the Class X Certificateholder as to investment of funds on deposit in the Basis Risk Reserve Fund, such funds shall be invested in the Xxxxx Fargo Prime Investment Money Market Fund or comparable investment vehicle. Any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Reserve Fund Amount on any Distribution Date shall be distributed to the Class X Certificateholders on the following Distribution Date. For all Federal income tax purposes, amounts transferred by the Master Upper Tier REMIC to the Basis Risk Reserve Fund shall be treated as distributions amounts distributed by the Upper Tier REMIC to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(cCertificateholders.
(d) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofCertificateholders.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Aegis Asset Backed Sec Tr Mort Pass THR Cert Ser 2004 1), Pooling and Servicing Agreement (Aegis Asset Backed Sec Corp Mort Pass THR Certs Ser 2003-2), Pooling and Servicing Agreement (Aegis Asset Backed Sec Corp Mort Pas THR Certs Series 2003 3)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(e)(xii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(xii)(A)-(K) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(e)(xiv).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xiv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xiv) hereof.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (CSFB Home Equity Asset Trust 2005-1), Pooling and Servicing Agreement (Home Equity Asset Trust 2004-7), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(e)(xii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(xii)(A)-(K) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(e)(xiv).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xiv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xiv) hereof.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Home Equity Asset Trust 2005-3), Pooling and Servicing Agreement (Home Equity Asset Trust 2005-2), Pooling and Servicing Agreement (Home Equity Asset Trust 2005-5)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 5,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.01(II)(d)(vii), the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Group III Certificates in respect of Basis Risk Shortfalls. Any distributions of Shortfall pursuant to Section 4.01(II)(d)(ii)-(iv) to the extent Monthly Excess Cashflow on such date is insufficient to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to make such holderspayments. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class III-X Certificateholder Certificateholders pursuant to Section 4.02(e)(xv4.01(II)(d)(viii).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class III-X Certificates maturing on or prior to the next succeeding Distribution DateCertificateholders. Any net investment earnings on such amounts shall be payable to the holders of the Class III-X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementCertificateholders. The Class III-X Certificates Certificateholders shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof Class III-X Certificateholders shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trust Administrator in the JPMorgan Prime Money Market Fund. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class III-X Certificates Certificateholders in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II)(d)(viii) hereof.
(d) If the Trust Administrator shall deposit in the Basis Risk Reserve Fund any amount not required to be deposited therein, it may at any time withdraw such amount from such Basis Risk Reserve Fund, any provision herein to the contrary notwithstanding.
(e) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class III-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II)(d)(viii) hereof.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Pooling and Servicing Agreement (CSFB Mortgage Backed Pass THR Certs Series 2002-Ar28), Pooling and Servicing Agreement (CSFB Mort Sec Corp Mort Backed Pass THR Certs Ser 2003 Ar5)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(e)(vii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfallspursuant to Sections 4.02(e)(vii) through (xi) to the extent Monthly Excess Cashflow on such date is insufficient to make such payments. Any In addition, any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(vii) through (xi) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(e)(xii).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xii) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xii) hereof.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Home Equity Asset Trust 2002-2), Pooling and Servicing Agreement (Home Equity Asset Trust 2002-3), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(e)(xv) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(xv)(A)-(N) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(e)(xvii).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xvii) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xvii) hereof.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Home Equity Asset Trust 2006-3), Pooling and Servicing Agreement (Home Equity Asset Trust 2005-9), Pooling and Servicing Agreement (Home Equity Asset Trust 2005-8)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(e)(xiv) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(xiv)(A)-(M) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(e)(xvi).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xvi) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xvi) hereof.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Home Equity Asset Trust 2006-6), Pooling and Servicing Agreement (Home Equity Asset Trust 2006-4), Pooling and Servicing Agreement (Home Equity Asset Trust 2005-7)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.01(I)(d)(iii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Group 1 Certificates (other than the Class 1-X, Class 1-P and Class 1-R Certificates) in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.01(I)(d)(iii)(1)-(2) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class 1-X Certificateholder pursuant to Section 4.02(e)(xv4.01(I)(d)(iv).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class 1-X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class 1-X Certificates. The Trustee Trust Administrator shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class 1-X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee Trust Administrator shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class 1-X Certificateholder for all federal tax purposes. The Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.12(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class 1-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(I)(d)(iv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Group 1 Certificates (other than the Class 1-X, Class 1-P and Class 1-R Certificates) equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class 1-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(I)(d)(iv) hereof.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-3), Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-3), Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-3)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.01(e)(xi) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.01(e)(xi)(A)-(J) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.01(e)(xiii).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(e)(xiii) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(e)(xiii) hereof.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (CSMC Asset-Backed Trust 2007-Nc1), Pooling and Servicing Agreement (CSMC Asset-Backed Trust 2007-Nc1)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 5,000 will be deposited by the Depositor into in the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.01(II)(d)(vii), the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Group VI Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class VI-X Certificateholder Certificateholders pursuant to Section 4.02(e)(xv4.01(II)(d)(x).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class VI-X Certificates maturing on or prior to the next succeeding Distribution DateCertificateholders. Any net investment earnings on such amounts shall be payable to the holders of the Class VI-X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementCertificateholders. The Class VI-X Certificates Certificateholders shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof Class VI-X Certificateholders shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trust Administrator in the JPMorgan Prime Money Market Fund. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.08(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class VI-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofCertificateholders.
(d) If the Trust Administrator shall deposit in the Basis Risk Reserve Fund any amount not required to be deposited therein, it may at any time withdraw such amount from the Basis Risk Reserve Fund, any provision herein to the contrary notwithstanding.
(e) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Class VI-A-1, Class VI-M-1, Class VI-M-2 and Class VI-M-3 Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR such Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class VI-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II)(d)(x) hereof.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (CSFB Mortgage-Backed Pass-Through Cert Series 2003-Ar28), Pooling and Servicing Agreement (CSFB Mortgage-Backed Pass-Through Certs Series 2003-Ar24)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the Certificates, other than the Class A-IO, Class P, and Class R Certificates, the Basis Risk Reserve Fund, into which the Depositor shall deposit $1,000. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the The Trustee shall transfer make withdrawals from the Certificate Account to the Basis Risk Reserve Fund to make distributions pursuant to Section 4.02(e)(xiii4.1(g) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit hereof.
(c) Funds in the Basis Risk Reserve Fund shall be withdrawn by the Trustee invested in connection with any Distribution Date to fund the Eligible Investments. Any earnings on such amounts required to shall be distributed to holders the Class C Certificateholder pursuant to Section 4.1(i). The Class C Certificate shall evidence ownership of the LIBOR Certificates in respect of Basis Risk ShortfallsReserve Fund for federal income tax purposes and the Holder thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) The Class C Certificateholder shall be deemed liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholder as to have been deposited investment of funds on deposit in the Basis Risk Reserve Fund, such funds shall be invested in the Xxxxx Fargo Prime Investment Money Market Fund and paid to such holdersor comparable investment vehicle. On any Distribution Date, any Any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount Deposit on any Distribution Date shall be distributed to the Class X C Certificateholder pursuant to Section 4.02(e)(xv).
(c) Funds in on the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding following Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal For all Federal income tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat purposes, amounts transferred by the Master REMIC 5 to the Basis Risk Reserve Fund shall be treated as distributions amounts distributed by REMIC 5 to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(cC Certificateholder.
(d) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed C Certificateholder pursuant to Section 4.02(e)(xv) hereof4.1(i).
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Saxon Asset Securities Trust 2002-2), Pooling and Servicing Agreement (Saxon Asset Securities Trust 2002-2)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 5,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.01(II)(d)(vii), the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Group V Certificates in respect of Basis Risk Shortfalls. Any distributions of Shortfall pursuant to Section 4.01(II)(d)(ii)-(iv) to the extent Monthly Excess Cashflow on such date is insufficient to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to make such holderspayments. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class V-X Certificateholder Certificateholders pursuant to Section 4.02(e)(xv4.01(II)(d)(viii).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class V-X Certificates maturing on or prior to the next succeeding Distribution DateCertificateholders. Any net investment earnings on such amounts shall be payable to the holders of the Class V-X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementCertificateholders. The Class V-X Certificates Certificateholders shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof Class V-X Certificateholders shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trust Administrator in the JPMorgan Prime Money Market Fund. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class V-X Certificates Certificateholders in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II)(d)(viii) hereof.
(d) If the Trust Administrator shall deposit in the Basis Risk Reserve Fund any amount not required to be deposited therein, it may at any time withdraw such amount from such Basis Risk Reserve Fund, any provision herein to the contrary notwithstanding.
(e) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class V-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II)(d)(viii) hereof.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass THR Certs Series 2002-Ar33), Pooling and Servicing Agreement (CSFB Mortgage Back Pass THR Cer Ser 2003-Ar2)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(d)(xi) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(d)(xi)(A)-(J) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(d)(xii).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(d)(xii) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Offered Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Offered Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(d)(xii) hereof.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (CSFB Home Equity Pass-Through Certificates, Series 2005-Fix1), Pooling and Servicing Agreement (CSFB Home Equity Pass-Through Certificates, Series 2005-Fix1)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the LIBOR Certificates, a Basis Risk Reserve Fund, into which Xxxxxx Brothers Holdings Inc. (“LBH”) shall deposit $1,000. In addition, the Trustee shall hold the Basis Risk Cap as an asset in the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On The Trustee shall account for the Closing Date, $5,000.00 will Cap Agreement as though it comprised two component cap agreements – the Basis Risk Cap and the Class X Cap. The Class X Cap shall not be deposited by an asset of the Depositor into Trust Fund or the Basis Risk Reserve Fund. On each Distribution Date, Date the Trustee shall transfer from the Certificate Account distribute to the Basis Risk Reserve Fund Class X Certificateholder pursuant to Section 4.02(e)(xiii5.02(e)(iii)(H) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn of this Agreement any payments made by the Trustee in connection with any Cap Provider to the Trust Fund for such Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in with respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of Class X Cap, and the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) Trustee shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to not treat such holders. On any Distribution Date, any payments as amounts on deposit in the Basis Risk Reserve Fund for purposes of determining the Required Reserve Fund Amount for any Distribution Date. On each Distribution Date the Trustee shall distribute in excess the order of priority and to the extent specified in Section 5.02(e)(iii) of this Agreement the sum of (without duplication) (a) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Basis Risk Cap, (b) any amounts then on deposit in the Basis Risk Reserve Fund, including any earnings thereon, in respect of the Required Basis Risk Cap and (c) the Basis Risk Payment, if any, for such Distribution Date. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv)5.02(e)(iii) of this Agreement shall remain on deposit in the Basis Risk Reserve Fund.
(c) Funds in the Basis Risk Reserve Fund may shall be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementInvestments. The Class X Certificates Certificate shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and LBH on behalf of the Holders Holder thereof shall direct the Trustee Trustee, in writing writing, as to the investment of amounts on deposit therein. The Trustee LBH shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder be liable for all federal tax purposesany losses incurred on such investments. In the absence of such written direction, all instructions from LBH as to investment of funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates Fund, such funds shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates invested in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofXxxxx Fargo Prime Money Market Fund Investment Account.
Appears in 2 contracts
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-Bc4), Trust Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-Bc3)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class A, Class M and Class B Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this AgreementIndenture.
(b) On the Closing Date, $5,000.00 1,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(b)(iv) Z., the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall may be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Class A, Class M and Class B Certificates in respect of Basis Risk Shortfalls. Any distributions of pursuant to Section 4.02(b)(iv) N. through X. to the extent Monthly Excess Cashflow on such date are insufficient to make such payments. Any such amounts distributed shall be treated for federal tax purposes as amounts distributed by REMIC IV to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holdersClass X-1 Certificateholders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X X-1 Certificateholder pursuant to Section 4.02(e)(xv).4.02(b)(iv) Z.
(c) [reserved];
(d) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the written direction of the holders of the Majority in Interest Class X Certificates maturing on or prior to the next succeeding Distribution DateX-1 Certificates. Any net investment earnings on such amounts shall be payable to the holders Holder of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X X-1 Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposeson each Distribution Date. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The be invested by the Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust First American Prime Obligations Fund, any amounts remaining Class A. Amounts held in the Basis Risk Reserve Fund from time to time shall be distributed continue to the Holders constitute assets of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance Trust Fund, but not of the LIBOR Certificates equals zeroREMIC I, any amounts on deposit in REMIC II, REMIC III or REMIC IV, until released from the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.this
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Home Equity Mortgage Trust 2005-5), Pooling and Servicing Agreement (Home Equity Mortgage Trust 2005-5)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(e)(xi) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(xi)(A)-(J) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(e)(xiii).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xiii) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xiii) hereof.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp. Home Equity Asset Trust 2004-5)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders holders of the Certificates, a Basis Risk Reserve Fund, into which the Seller shall deposit $1,000. In addition, the Trust Administrator shall hold the Basis Risk Cap as an asset in the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys of the Trust Administrator held by the Trustee pursuant to this Agreement.
(b) On The Trust Administrator shall account for the Closing Date, $5,000.00 will Cap Agreement as though it comprised two component cap agreements – the Basis Risk Cap and the Class X Cap. The Class X Cap shall not be deposited by an asset of the Depositor into Trust Fund or the Basis Risk Reserve Fund. On each Distribution Date, Date the Trustee Trust Administrator shall transfer from the Certificate Account distribute to the Basis Risk Reserve Fund Class X Certificateholder pursuant to Section 4.02(e)(xiii5.02(f)(iii)(H) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn of this Agreement any payments made by the Trustee in connection with any Cap Provider to the Trust Fund for such Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in with respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of Class X Cap, and the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) Trust Administrator shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to not treat such holders. On any Distribution Date, any payments as amounts on deposit in the Basis Risk Reserve Fund for purposes of determining the Required Reserve Fund Amount for any Distribution Date. On each Distribution Date the Trust Administrator shall distribute in excess the order of priority and to the extent specified in Section 5.02(f)(iii) of this Agreement the sum of (without duplication) (a) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Basis Risk Cap, (b) any amounts then on deposit in the Basis Risk Reserve Fund, including any earnings thereon, in respect of the Required Basis Risk Cap and (c) the Basis Risk Payment, if any, for such Distribution Date. On any Distribution Date, any amounts that the Trust Administrator is not required to distribute from the Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv)5.02(f)(iii) of this Agreement shall remain on deposit in the Basis Risk Reserve Fund.
(c) Funds in the Basis Risk Reserve Fund may shall be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementInvestments. The Class X Certificates Certificate shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and the Holders Seller on behalf of the Holder thereof shall direct the Trustee Trust Administrator, in writing writing, as to the investment of amounts on deposit therein. The Trustee Seller shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder be liable for all federal tax purposesany losses incurred on such investments. In the absence of such written direction, all instructions from the Seller as to investment of funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates Fund, such funds shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates invested in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofXxxxx Fargo Prime Money Market Fund Investment Account.
Appears in 2 contracts
Samples: Trust Agreement (Fieldstone Mortgage Investment CORP), Trust Agreement (Fieldstone Mortgage Investment CORP)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the Certificates, other than the Class A-IO, Class P and Class R Certificates, the Basis Risk Reserve Fund, into which the Depositor shall deposit $1,000. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the The Trustee shall transfer make withdrawals from the Certificate Account to the Basis Risk Reserve Fund to make distributions pursuant to Section 4.02(e)(xiii4.1(g) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit hereof.
(c) Funds in the Basis Risk Reserve Fund shall be withdrawn by the Trustee invested in connection with any Distribution Date to fund the Eligible Investments. Any earnings on such amounts required to shall be distributed to holders the Class C Certificateholder pursuant to Section 4.1(i). The Class C Certificate shall evidence ownership of the LIBOR Certificates in respect of Basis Risk ShortfallsReserve Fund for federal income tax purposes and the Holder thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) The Class C Certificateholder shall be deemed liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholder as to have been deposited investment of funds on deposit in the Basis Risk Reserve Fund, such funds shall be invested in the Xxxxx Fargo Prime Investment Money Market Fund and paid to such holdersor comparable investment vehicle. On any Distribution Date, any Any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount Deposit on any Distribution Date shall be distributed to the Class X C Certificateholder pursuant to Section 4.02(e)(xv).
(c) Funds in on the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding following Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal For all Federal income tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat purposes, amounts transferred by the Master REMIC 7 to the Basis Risk Reserve Fund shall be treated as distributions amounts distributed by REMIC 7 to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(cC Certificateholder.
(d) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed C Certificateholder pursuant to Section 4.02(e)(xv) hereof4.1(i).
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Saxon Asset Securities Co Mort Ln as Back Cert Se 2002 3), Pooling and Servicing Agreement (Saxon Asset Securities Co)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) Sections 4.01(II)(d)(ix), the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Group I Certificates in respect of Basis Risk Shortfalls. Any distributions of Shortfall pursuant to Section 4.01(I)(d)(v)-(viii) to the extent Monthly Excess Cashflow on such date is insufficient to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to make such holderspayments. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class I-X Certificateholder pursuant to Section 4.02(e)(xv4.01(I)(d)(x).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders holder of the Class I-X Certificates maturing on or prior to the next succeeding Distribution DateCertificates. Any net investment earnings on such amounts shall be payable to the holders Depositor. The holder of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class I-X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof holder of the Class I-X Certificates shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trust Administrator in the JPMorgan Prime Money Market Fund. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of .
(d) If the Trust Fund, any amounts remaining Administrator shall deposit in the Basis Risk Reserve Fund shall any amount not required to be distributed deposited therein, it may at any time withdraw such amount from such Basis Risk Reserve Fund, any provision herein to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofcontrary notwithstanding.
(de) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders Holder of the Class I-X Certificates Certificate in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(I)(d)(x) hereof.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass Through Certs Ser 2002 18), Pooling and Servicing Agreement (CSFB Mortgage Backed Pass Through Certificates Ser 2002 10)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 5,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.02(d)J. the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(d) shall be deemed F. through I. to have been deposited in the Basis Risk Reserve Fund and paid extent Monthly Excess Cashflow on such date is insufficient to make such holderspayments. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv).4.02(d)K.
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution DateCertificates. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates Certificate in the same manner as if distributed pursuant to Section 4.02(e)(xv) 4.02(d)K. hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) 4.02(d)K. hereof.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Pooling and Servicing Agreement (CSFB Abs Trust Series 2001 He12)
Basis Risk Reserve Fund. (a) On the Closing Date, the The Trustee shall establish and maintain in its name, in trust for the -------- benefit of the Holders of the Certificates, Class A Certificateholders the Basis Risk Reserve FundFund treated as an outside reserve fund within the meaning of Treasury regulation section 1.860G-2(h) in accordance with Section 11.01(a) of this Agreement. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, Date on which the Net Excess Spread is less than 0.25% the Trustee shall transfer from the Certificate Distribution Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.01(a)(x) an amount equal to the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in .
(c) The Trustee shall make withdrawals from the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any make distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.01(a)(viii) hereof, and shall be deemed to have been deposited in withdraw from the Basis Risk Reserve Fund and paid to such holders. On on any Distribution Date, any amounts Date on which the Net Excess Spread is equal to or greater than 0.25% an amount equal to the amount of funds on deposit in the Basis Risk Reserve Fund in excess of $10,000 and distribute such excess to the Required Class A Certificateholders pro rata in accordance with their respective Percentage Interests. Funds withdrawn from the Basis Risk Reserve Fund Amount shall may not be distributed to the Class X Certificateholder applied pursuant to any other subsection of Section 4.02(e)(xv4.01 other than as expressly provided for in this Section 4.07(c).
(cd) Funds in the Basis Risk Reserve Fund may be invested in Eligible Permitted Investments by in accordance with the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Dateprovisions set forth in Section 3.12. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementCertificateholders. The Class X Certificates Certificateholders shall evidence ownership be the owner of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the which Permitted Investments such funds shall be invested; provided, that, any such investment of amounts therein. The Trustee shall treat amounts transferred direction provided by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund Certificateholders shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant effect until any subsequent Class X Certificateholder provides superseding written investment direction to this Section 4.06(cthe Trustee.
(e) (other than as obligor on any such investments). Upon termination of the Trust FundFund in accordance with Section 10.01, any amounts remaining in the Basis Risk Reserve Fund following the payment of all unpaid Certificate Insurer Premiums shall be distributed to the Holders of the Class X Certificates Certificateholders in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof4.01(xi).
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (United Panam Financial Corp)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 5,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) Sections 4.01, the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Group II Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.01(II) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid extent Monthly Excess Cashflow on such date is insufficient to make such holderspayments. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class II-X Certificateholder pursuant to Section 4.02(e)(xv4.01(II).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution DateDepositor. Any net investment earnings on such amounts shall be payable to the holders of the Class X CertificatesDepositor. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates Depositor shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof Depositor shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trust Administrator in the One Group Institutional Prime Money Market Fund. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates Depositor in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II) hereof.
(d) If the Trust Administrator shall deposit in the Basis Risk Reserve Fund any amount not required to be deposited therein, it may at any time withdraw such amount from such Basis Risk Reserve Fund, any provision herein to the contrary notwithstanding.
(e) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders Holder of the Class II-X Certificates Certificate in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 5,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.01(II)(d)(vii), the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Group IV Certificates in respect of Basis Risk Shortfalls. Any distributions of Shortfall pursuant to Section 4.01(II)(d)(ii)-(iv) to the extent Monthly Excess Cashflow on such date is insufficient to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to make such holderspayments. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class IV-X Certificateholder Certificateholders pursuant to Section 4.02(e)(xv4.01(II)(d)(viii).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class IV-X Certificates maturing on or prior to the next succeeding Distribution DateCertificateholders. Any net investment earnings on such amounts shall be payable to the holders of the Class IV-X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementCertificateholders. The Class IV-X Certificates Certificateholders shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof Class IV-X Certificateholders shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trust Administrator in the JPMorgan Prime Money Market Fund. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class IV-X Certificates Certificateholders in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II)(d)(viii) hereof.
(d) If the Trust Administrator shall deposit in the Basis Risk Reserve Fund any amount not required to be deposited therein, it may at any time withdraw such amount from such Basis Risk Reserve Fund, any provision herein to the contrary notwithstanding.
(e) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class IV-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II)(d)(viii) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass Through Certs Series 2002 Ar27)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the Certificates, other than the Class [ ] Certificates, the Basis Risk Reserve Fund, into which the Depositor shall deposit $[1,000]. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the The Trustee shall transfer make withdrawals from the Certificate Account to the Basis Risk Reserve Fund to make distributions pursuant to Section 4.02(e)(xiii4.1[ ] hereof.
(c) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit Funds in the Basis Risk Reserve Fund shall be withdrawn by the Trustee invested in connection with any Distribution Date to fund the Eligible Investments. Any earnings on such amounts required to shall be distributed to holders the Class [ ] Certificateholder. The Class [ ] and the Class [ ] Certificates shall evidence ownership of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to Reserve Fund for federal income tax purposes and the holders Depositor, on behalf of the LIBOR Certificates pursuant Holder of the Class [ ] Certificates, shall direct the Trustee, in writing, as to Sections 4.02(e)(xiii)(A)-(L) investment of amounts on deposit therein. The Class [ ] Certificateholder shall be deemed liable for any losses incurred on such investments. In the absence of written instructions from the Depositor as to have been deposited investment of funds on deposit in the Basis Risk Reserve Fund, such funds shall be invested in the Xxxxx Fargo Prime Investment Money Market Fund and paid to such holdersor comparable investment vehicle. On any Distribution Date, any Any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount Deposit on any Distribution Date shall be distributed first to the Class X [ ] Certificateholder pursuant on the following Distribution Date to Section 4.02(e)(xv).
(c) Funds in the extent Basis Risk Reserve Fund may be invested Payments have been made from amounts otherwise distributable in Eligible Investments by the Trustee at the direction of the holders respect of the Class X Certificates maturing on or prior [ ] Certificates, and then to the next succeeding Distribution DateClass [ ] Certificateholder. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal For all Federal income tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat purposes, amounts transferred by the Master Upper Tier REMIC to the Basis Risk Reserve Fund shall be treated as distributions amounts distributed by the Upper Tier REMIC to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c[ ] Certificateholder.
(d) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof[ ] Certificateholder.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.]
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Saxon Asset Securities Co)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(e)(viii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfallspursuant to Sections 4.02(e)(viii) to the extent Monthly Excess Cashflow on such date is insufficient to make such payments. Any In addition, any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(viii)(A)-(E) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(e)(ix).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h1.860G 2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(ix) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(ix) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mor Acc Cor Ho Eq Asset Tr 2002-5)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Securities Administrator shall establish and maintain in its namethe name of the Trustee, in trust the Separate Interest Trust for the benefit of the Holders holders of the Class 3A-1, Class 3A-2 and Class X Certificates, the Basis Risk Reserve Fund, into which the Depositor shall deposit $1,000. The Securities Administrator on behalf of the Trustee shall hold the Interest Rate Cap Agreement as an asset in the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, limitation other moneys of the Securities Administrator held by the Trustee pursuant to this Agreement. The Basis Risk Reserve Fund shall not be an asset of any REMIC or the Trust Estate established hereby.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account after deposit of any portion of Interest Rate Cap Amounts remaining after distributions to the Basis Risk Reserve Fund Holders of the Class 3A-1 and Class 3A-2 Certificates pursuant to Section 4.02(e)(xiii) 3.05(c), the Required Basis Risk Reserve Fund Deposit. Amounts Securities Administrator shall distribute the amounts then on deposit in the Basis Risk Reserve Fund shall be withdrawn by Fund, including any earnings thereon, to the Trustee on behalf of the Trust Estate for distribution to the Class 3A-1 and Class 3A-2 Certificates in connection with the amount of (i) any remaining Basis Risk Shortfalls for such Classes and such Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of and (ii) any Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to Shortfalls for such holdersClasses that remain unpaid from prior Distribution Dates. On any Distribution Date, any amounts that the Securities Administrator is not required to distribute from the Basis Risk Reserve Fund pursuant to this Section 3.04(b) shall remain on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv)Fund.
(c) Funds in the Basis Risk Reserve Fund may shall be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution DatePermitted Investments. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for in the Basis Risk Reserve Fund as an outside reserve fund within shall be for the meaning benefit of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreementthe Class X Certificateholder. The Class X Certificates Certificate shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and the Holders thereof Class X Certificateholder shall direct the Trustee Trustee, in writing writing, as to the investment of amounts on deposit therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder shall be liable for all federal tax purposesany losses incurred on such investments. In the absence of such written direction, all instructions from the Class X Certificateholder as to investment of funds on deposit in the Basis Risk Reserve Fund Fund, such funds shall remain uninvested. The Trustee shall have no liability for losses be invested in money market funds as described in clause (v) of the definition of Permitted Investments.
(d) Upon the earlier to occur of (i) the Distribution Date on investments in Eligible Investments made pursuant which the Class Principal Balance of each of the Class 3A-1 and Class 3A-2 Certificates is reduced to this Section 4.06(czero and (ii) (other than as obligor on any such investments). Upon the termination of the Trust FundEstate, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders Class X Certificateholder.
(e) For federal income tax purposes, the Securities Administrator shall treat the holders of the Class 3A-1 and Class 3A-2 Certificates as having entered into a notional principal contract with the holders of the Class X Certificates. Pursuant to such notional principal contract, all holders of the Class X Certificates in the same manner shall be treated as if distributed pursuant having agreed to Section 4.02(e)(xv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the pay Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed Shortfalls to the Holders holders of the Class X 3A-1 and Class 3A-2 Certificates. Any payments to the Class 3A-1 and Class 3A-2 Certificates in light of the same manner foregoing shall not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860G(a)(1). Notwithstanding the priority and sources of payments set forth in Article III hereof or otherwise, the Securities Administrator shall account for all distributions on the Certificates as if distributed pursuant set forth in this section. For purposes of providing tax information reporting with respect to Section 4.02(e)(xv) hereofthe Class 3A-1 and Class 3A-2 Certificates, the Securities Administrator shall treat the notional principal contract described in this paragraph as having a value of $10,000.00 as of the Closing Date.
Appears in 1 contract
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(e)(x) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfallspursuant to Sections 4.02(e)(x) to the extent Monthly Excess Cashflow on such date is insufficient to make such payments. Any In addition, any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(x)(A)-(G) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(e)(xi).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h1.860G 2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xi) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xi) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Hm Equ Pass THR Cert Ser 2003-2)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the LIBOR Certificates (other than the Class A-SIO Certificates), a Basis Risk Reserve Fund, into which Xxxxxx Capital, a Division of Xxxxxx Brothers Holdings Inc. (“Xxxxxx Capital”) shall deposit $1,000. In addition, the Trustee shall hold the Basis Risk Cap as an asset in the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On The Trustee shall account for the Closing Date, $5,000.00 will Cap Agreement as though it comprised two component cap agreements – the Basis Risk Cap and the Class X Cap. The Class X Cap shall not be deposited by an asset of the Depositor into Trust Fund or the Basis Risk Reserve Fund. On each Distribution Date, Date the Trustee shall transfer from the Certificate Account distribute to the Basis Risk Reserve Fund Class X Certificateholder pursuant to Section 4.02(e)(xiii5.02(e)(iii)(K) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn of this Agreement any payments made by the Trustee in connection with any Cap Provider to the Trust Fund for such Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in with respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of Class X Cap, and the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) Trustee shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to not treat such holders. On any Distribution Date, any payments as amounts on deposit in the Basis Risk Reserve Fund for purposes of determining the Required Reserve Fund Amount for any Distribution Date. On each Distribution Date the Trustee shall distribute in excess the order of priority and to the extent specified in Section 5.02(e)(iii) of this Agreement the sum of (without duplication) (a) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Basis Risk Cap, (b) any amounts then on deposit in the Basis Risk Reserve Fund, including any earnings thereon, in respect of the Required Basis Risk Cap and (c) the Basis Risk Payment, if any, for such Distribution Date. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv)5.02(e)(iii) of this Agreement shall remain on deposit in the Basis Risk Reserve Fund.
(c) Funds in the Basis Risk Reserve Fund may shall be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementInvestments. The Class X Certificates Certificate shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and Xxxxxx Capital on behalf of the Holders Holder thereof shall direct the Trustee Trustee, in writing writing, as to the investment of amounts on deposit therein. The Trustee Xxxxxx Capital shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder be liable for all federal tax purposesany losses incurred on such investments. In the absence of such written direction, all instructions from Xxxxxx Capital as to investment of funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates Fund, such funds shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates invested in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofXxxxx Fargo Prime Money Market Fund Investment Account.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc7)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed 92 to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfallspursuant to Sections 4.02(e)(viii). Any through (xii) to the extent Monthly Excess Cashflow on such date is insufficient to make such payments. In addition, any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(viii) through (xii) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(e)(xiv).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) 4.02(e)(xiv). hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) 4.02(e)(xiv). hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage Pass Through Certificates Series 2002 He16)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(e)(viii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfallspursuant to Sections 4.02(e)(viii) to the extent Monthly Excess Cashflow on such date is insufficient to make such payments. Any In addition, any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(viii)(A)-(G) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(e)(ix).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(ix) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(ix) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Home Eq Pass THR Certs Ser 2003-1)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the LIBOR Certificates, a Basis Risk Reserve Fund, into which Xxxxxx Brothers Holdings Inc. (“Xxxxxx Holdings”), shall deposit $1,000. In addition, the Trustee shall hold the Basis Risk Caps as assets of the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On The Trustee shall account for the Closing Date, $5,000.00 will Cap Agreement as though each comprised two component cap agreements – the Basis Risk Cap and the Class X Cap. The Class X Cap shall not be deposited by an asset of the Depositor into Trust Fund or the Basis Risk Reserve Fund. On each Distribution Date, Date the Trustee shall transfer from the Certificate Account distribute to the Basis Risk Reserve Fund Class X Certificateholder pursuant to Section 4.02(e)(xiii5.02(d)(iii)(F) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn of this Agreement any payments made by the Trustee in connection with any Cap Provider to the Trust Fund for such Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in with respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of Class X Cap, and the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) Trustee shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to not treat such holders. On any Distribution Date, any payments as amounts on deposit in the Basis Risk Reserve Fund in excess for purposes of determining the Required Reserve Fund Amount for any Distribution Date. The value assigned to each of the Required Cap Agreement shall be $42,000,000 and $10,500,000, respectively. On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(d)(iii) of this Agreement the sum of (without duplication) (a) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Basis Risk Caps, (b) any amounts then on deposit in the Basis Risk Reserve Fund, including any earnings thereon, in respect of the Basis Risk Caps and (c) the Basis Risk Payment, if any, for such Distribution Date. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv)5.02(d)(iii) of this Agreement shall remain on deposit in the Basis Risk Reserve Fund.
(c) Funds in the Basis Risk Reserve Fund may shall be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementInvestments. The Class X Certificates Certificate shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and Xxxxxx Holdings on behalf of the Holders Holder thereof shall direct the Trustee Trustee, in writing writing, as to the investment of amounts on deposit therein. The Trustee Xxxxxx Holdings shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder be liable for all federal tax purposesany losses incurred on such investments. In the absence of such written direction, all instructions from Xxxxxx Holdings as to investment of funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates Fund, such funds shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates invested in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofXxxxx Fargo Prime Money Market Fund Investment Account.
Appears in 1 contract
Samples: Trust Agreement (Encore Credit Corp Mortgage Pass Through Certs Ser 2003-1)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Securities Administrator shall establish and maintain in its namethe name of the Trustee, in trust the Separate Interest Trust for the benefit of the Holders holders of the Class 3A-2 and Class X Certificates, the Basis Risk Reserve Fund, into which the Depositor shall deposit $1,000. The Securities Administrator on behalf of the Trustee shall hold the Interest Rate Cap Agreement as an asset in the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, limitation other moneys of the Securities Administrator held by the Trustee pursuant to this Agreement. The Basis Risk Reserve Fund shall not be an asset of any REMIC or the Trust Estate established hereby.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account after deposit of any portion of Interest Rate Cap Amounts remaining after distributions to the Basis Risk Reserve Fund Holders of the Class 3A-2 Certificates pursuant to Section 4.02(e)(xiii) 3.05(c), the Required Basis Risk Reserve Fund Deposit. Amounts Securities Administrator shall distribute the amounts then on deposit in the Basis Risk Reserve Fund shall be withdrawn by Fund, including any earnings thereon, to the Trustee on behalf of the Trust Estate for distribution to the Class 3A-2 Certificates in connection with the amount of (i) any remaining Basis Risk Shortfalls for such Classes and such Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of and (ii) any Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to Shortfalls for such holdersClasses that remain unpaid from prior Distribution Dates. On any Distribution Date, any amounts that the Securities Administrator is not required to distribute from the Basis Risk Reserve Fund pursuant to this Section 3.04(b) shall remain on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv)Fund.
(c) Funds in the Basis Risk Reserve Fund may shall be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution DatePermitted Investments. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for in the Basis Risk Reserve Fund as an outside reserve fund within shall be for the meaning benefit of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreementthe Class X Certificateholder. The Class X Certificates Certificate shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and the Holders thereof Class X Certificateholder shall direct the Trustee Trustee, in writing writing, as to the investment of amounts on deposit therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder shall be liable for all federal tax purposesany losses incurred on such investments. In the absence of such written direction, all instructions from the Class X Certificateholder as to investment of funds on deposit in the Basis Risk Reserve Fund Fund, such funds shall remain uninvested. The Trustee shall have no liability for losses be invested in money market funds as described in clause (v) of the definition of Permitted Investments.
(d) Upon the earlier to occur of (i) the Distribution Date on investments in Eligible Investments made pursuant which the Class Principal Balance of each of the Class 3A-2 Certificates is reduced to this Section 4.06(czero and (ii) (other than as obligor on any such investments). Upon the termination of the Trust FundEstate, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders Class X Certificateholder.
(e) For federal income tax purposes, the Securities Administrator shall treat the holders of the Class 3A-2 Certificates as having entered into a notional principal contract with the holders of the Class X Certificates. Pursuant to such notional principal contract, all holders of the Class X Certificates in the same manner shall be treated as if distributed pursuant having agreed to Section 4.02(e)(xv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the pay Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed Shortfalls to the Holders holders of the Class X 3A-2 Certificates. Any payments to the Class 3A-2 Certificates in light of the same manner foregoing shall not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860G(a)(1). Notwithstanding the priority and sources of payments set forth in Article III hereof or otherwise, the Securities Administrator shall account for all distributions on the Certificates as if distributed pursuant set forth in this section. For purposes of providing tax information reporting with respect to Section 4.02(e)(xv) hereofthe Class 3A-2 Certificates, the Securities Administrator shall treat the notional principal contract described in this paragraph as having a value of $10,000.00 as of the Closing Date.
Appears in 1 contract
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(e)(viii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfallspursuant to Sections 4.02(e)(viii) through (xii) to the extent Monthly Excess Cashflow on such date is insufficient to make such payments. Any In addition, any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(viii) through (xii) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(e)(xiii).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xiii) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xiii) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 5,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.02(d)J. the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(d) shall be deemed F. through I. to have been deposited in the Basis Risk Reserve Fund and paid extent Monthly Excess Cashflow on such date is insufficient to make such holderspayments. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv).4.02(d)K.
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) 4.02(d)K. hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) 4.02(d)K. hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage Pass Through Certificates Series 2001-He16)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the LIBOR Certificates, the a Basis Risk Reserve Fund, into which the Depositor shall deposit $5,000. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the The Trustee shall transfer make withdrawals from the Certificate Account to the Basis Risk Reserve Fund to make distributions pursuant to Section 4.02(e)(xiii5.02(d).
(c) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit Funds in the Basis Risk Reserve Fund shall be withdrawn by the Trustee invested in connection with any Distribution Date to fund the Eligible Investments. Any earnings on such amounts required to shall be distributed to holders the related Class A2 Certificates. The Class A2 Certificate shall evidence ownership of the LIBOR Certificates in respect of Basis Risk ShortfallsReserve Fund for federal income tax purposes and the Holder thereof shall direct the Trustee, in writing no later than the Settlement Date or any transfer date of such Class A2 Certificates, as to investment of amounts on deposit therein. Any distributions In the absence of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited such instructions, amounts in the Basis Risk Reserve Fund and paid may remain uninvested or be invested in Eligible Investments selected by the Trustee in its sole discretion. The Class A2 Certificateholder shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class A2 Certificateholder as to investment of funds on deposit in the Basis Risk Reserve Fund, such holdersfunds shall be invested in accordance with the directions of the Depositor. On any Distribution Date, any Any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount Requirement on any Distribution Date shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv)A2 Certificate on such Distribution Date.
(cd) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofA2 Certificateholder.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Securities Corp)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.01(d)(x) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders Holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.01(d)(x)(1)-(8) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.01(d)(xi).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee Trust Administrator shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee Trust Administrator shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(d)(xi) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates entitled to Basis Risk Shortfalls equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR such Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(d)(ix) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSAB Mortgage-Backed Trust 2006-3)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class A, Class M and Class B Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this AgreementIndenture.
(b) On the Closing Date, $5,000.00 1,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(b)(iv) DD., the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall may be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Class A, Class M and Class B Certificates in respect of Basis Risk Shortfallspursuant to Section 4.02(b)(iv) P. through BB. Any distributions of to the extent Monthly Excess Cashflow on such date are insufficient to make such payments. Any such amounts distributed shall be treated for federal tax purposes as amounts distributed by REMIC IV to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holdersClass X-1 Certificateholders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X X-1 Certificateholder pursuant to Section 4.02(e)(xv)4.02(b)(iv) DD.
(c) [reserved];
(d) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the written direction of the holders of the Majority in Interest Class X Certificates maturing on or prior to the next succeeding Distribution DateX-1 Certificates. Any net investment earnings on such amounts shall be payable to the holders Holder of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X X-1 Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposeson each Distribution Date. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trustee in the First American Prime Obligations Fund, Class A. Amounts held in the Basis Risk Reserve Fund from time to time shall continue to constitute assets of the Trust Fund, but not of REMIC 1, REMIC 2, REMIC 3 or REMIC 4, until released from the Basis Risk Reserve Fund pursuant to this Section 3.23. The Basis Risk Reserve Fund constitutes an “outside reserve fund” within the meaning of Treasury Regulation §1.860G-2(h) and is not an asset of REMIC I, REMIC II, REMIC III or REMIC IV. For all federal tax purposes, amounts transferred by REMIC III to the Basis Risk Reserve Fund shall be treated as amounts distributed by REMIC IV to the Class X-1 Certificateholders. The Class X-1 Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c3.23(d) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders Holder of the Class X X-1 Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(b)(iv) DD. hereof.
(de) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Class A, Class M and Class B Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Class A, Class M and Class B Certificates shall be deposited into the Certificate Account and distributed to the Holders Holder of the Class X X-1 Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(b)(iv) DD. hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2006-3)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.01(I)(d)(viii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.01(I)(d)(viii)(i)-(vi) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.01(I)(d)(x).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee Trust Administrator shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee Trust Administrator shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(I)(d)(x) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates entitled to Basis Risk Shortfalls equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR such Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(I)(d)(x) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Csab Mortgage-Backed Trust 2006-1)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the Certificates, other than the Class A-IO, Class S-1, Class S-2, Class X-IO, Class P, and Class R Certificates, the Basis Risk Reserve Fund, into which the Depositor shall deposit $1,000. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the The Trustee shall transfer make withdrawals from the Certificate Account to the Basis Risk Reserve Fund to make distributions pursuant to Section 4.02(e)(xiii4.1(g) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit hereof.
(c) Funds in the Basis Risk Reserve Fund shall be withdrawn by the Trustee invested in connection with any Distribution Date to fund the Eligible Investments. Any earnings on such amounts required to shall be distributed to holders the Class C Certificateholder pursuant to Section 4.1(i). The Class C Certificate shall evidence ownership of the LIBOR Certificates in respect of Basis Risk ShortfallsReserve Fund for federal income tax purposes and the Holder thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) The Class C Certificateholder shall be deemed liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholder as to have been deposited investment of funds on deposit in the Basis Risk Reserve Fund, such funds shall be invested in the Wells Fargo Prime Investment Money Market Fund and paid to such holdersor comparable investmexx xxhicle. On any Distribution Date, any Any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount Deposit on any Distribution Date shall be distributed to the Class X C Certificateholder pursuant to Section 4.02(e)(xv).
(c) Funds in on the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding following Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal For all Federal income tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat purposes, amounts transferred by the Master REMIC 5 to the Basis Risk Reserve Fund shall be treated as distributions amounts distributed by REMIC 5 to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(cC Certificateholder.
(d) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed C Certificateholder pursuant to Section 4.02(e)(xv) hereof4.1(i).
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Saxon Asset Securities Trust 2001-3)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 5,000 will be deposited by the Depositor into in the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.01(II)(d)(vii), the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Group IV Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class IV-X Certificateholder Certificateholders pursuant to Section 4.02(e)(xv4.01(II)(d)(viii).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class IV-X Certificates maturing on or prior to the next succeeding Distribution DateCertificateholders. Any net investment earnings on such amounts shall be payable to the holders of the Class IV-X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementCertificateholders. The Class IV-X Certificates Certificateholders shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof Class IV-X Certificateholders shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trust Administrator in the JPMorgan Prime Money Market Fund. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.08(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class IV-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofCertificateholders.
(d) If the Trust Administrator shall deposit in the Basis Risk Reserve Fund any amount not required to be deposited therein, it may at any time withdraw such amount from the Basis Risk Reserve Fund, any provision herein to the contrary notwithstanding.
(e) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Class IV-A-1, Class IV-M-1 and Class IV-M-2 Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR such Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class IV-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II)(d)(viii) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage-Backed Pass-Through Certificates Ser Ar15)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 5,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.02(d)J the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed 4.02(d)F through I to have been deposited in the Basis Risk Reserve Fund and paid extent Monthly Excess Cashflow on such date is insufficient to make such holderspayments. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class S-X Certificateholder pursuant to Section 4.02(e)(xv).4.02(d)K.
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class S-X Certificates maturing on or prior to the next succeeding Distribution DateCertificates. Any net investment earnings on such amounts shall be payable to the holders of the Class S-X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class S-X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class S-X Certificates Certificate in the same manner as if distributed pursuant to Section 4.02(e)(xv) 4.02(d)K hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class S-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) 4.02(d)K hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Basis Risk Reserve Fund. 81
(a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 5,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.02(a)(iv)I., the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(a)(iv) shall be deemed E. through H. to have been deposited in the Basis Risk Reserve Fund and paid extent Monthly Excess Cashflow on such date is insufficient to make such holderspayments. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv).4.02(a)(iv)J.
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders holder of the Class X Certificates maturing on or prior to the next succeeding Distribution DateCertificate. Any net investment earnings on such amounts shall be payable to the holders holder of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementCertificate. The Class X Certificates Certificate shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trustee in the Chase Vista Prime Money Market Fund. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders Holder of the Class X Certificates Certificate in the same manner as if distributed pursuant to Section 4.02(e)(xv) 4.02(a)(iv)J. hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders Holder of the Class X Certificates Certificate in the same manner as if distributed pursuant to Section 4.02(e)(xv) 4.02(a)(iv)J. hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 1,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) Sections 4.01, the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Group IV Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.01(II) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid extent Monthly Excess Cashflow on such date is insufficient to make such holderspayments. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class IV-X Certificateholder pursuant to Section 4.02(e)(xv4.01(II).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution DateDepositor. Any net investment earnings on such amounts shall be payable to the holders of the Class X CertificatesDepositor. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates Depositor shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof Depositor shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trust Administrator in the One Group Institutional Prime Money Market Fund. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates Depositor in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II) hereof.
(d) If the Trust Administrator shall deposit in the Basis Risk Reserve Fund any amount not required to be deposited therein, it may at any time withdraw such amount from such Basis Risk Reserve Fund, any provision herein to the contrary notwithstanding.
(e) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders Holder of the Class IV-X Certificates Certificate in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(e)(viii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfallspursuant to Sections 4.02(e)(viii) to the extent Monthly Excess Cashflow on such date is insufficient to make such payments. Any In addition, any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(viii)(A)-(G) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(e)(x).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h1.860G- 2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(x) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(x) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.01(d)(xi) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfalls. Any distributions of pursuant to Section 4.01(d)(vi) through (x) to the extent Net Monthly Excess Cashflow on such date is insufficient to make such payments. In addition, any distributions of Net Monthly Excess Cashflow (provided that the portion of the Net Monthly Excess Cashflow representing payments received under the Yield Maintenance Agreement and High LTV Collections shall be distributed first, until such amounts have been reduced to zero, and the remainder of the Net Monthly Excess Cashflow shall be distributed thereafter) to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(LSection 4.01(d)(vi) through (x) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder OC Interest pursuant to Section 4.02(e)(xv4.01(d)(xiv).
(c) . Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates OC Interest maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X CertificatesOC Interest. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates OC Interest shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder OC Interest for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.08(b) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X C Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(d)(xiv) hereof.
(dc) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Class A Certificates and the Mezzanine Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Class A Certificates and the Mezzanine Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X C Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(d)(xiv) hereof. The Trustee shall treat the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury Regulation 1.860G-2(h) that is owned by the Class OC Interest, and that are not assets of any REMIC. The Trustee shall treat the rights of the Class A-1, Class A-2, Class M-1, Class M-0, Xxxxx X-0 and Class B-2 Certificateholders to receive payments from the Basis Risk Reserve Fund as rights in an interest rate cap contract written by the Class OC Interest in favor of the Class A-1, Class A-2, Class M-1, Class M-0, Xxxxx X-0 and Class B-2 Certificateholders. Thus, each REMIC Regular Interest shall be treated as representing ownership of not only REMIC Regular Interests, but also ownership of an interest in interest rate cap contracts or a separate contractual right. For purposes of determining the issue price of the REMIC Regular interests, the Trustee shall assume that the Basis Risk Reserve Fund has a value of approximately 168 basis points of the Cut-off Date Pool Principal Balance.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Ast BCK Sec Inc Madison Ave Trust 2002-A)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 5,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.01(II)(d)(vii), the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Group III Certificates in respect of Basis Risk Shortfalls. Any distributions of Shortfall pursuant to Section 4.01(II)(d)(ii)-(iv) to the extent Monthly Excess Cashflow on such date is insufficient to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to make such holderspayments. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class III-X Certificateholder Certificateholders pursuant to Section 4.02(e)(xv4.01(II)(d)(viii).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class III-X Certificates maturing on or prior to the next succeeding Distribution DateCertificateholders. Any net investment earnings on such amounts shall be payable to the holders of the Class III-X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementCertificateholders. The Class III-X Certificates Certificateholders shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof Class III-X Certificateholders shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trust Administrator in the JPMorgan Prime Money Market Fund. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.08(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class III-X Certificates Certificateholders in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II)(d)(viii) hereof.
(d) If the Trust Administrator shall deposit in the Basis Risk Reserve Fund any amount not required to be deposited therein, it may at any time withdraw such amount from such Basis Risk Reserve Fund, any provision herein to the contrary notwithstanding.
(e) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class III-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II)(d)(viii) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass Through Certs Ser 2003-Ar9)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.02(d)J. the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfallspursuant to Sections 4.02(d) F. through I. to the extent Monthly Excess Cashflow on such date is insufficient to make such payments. Any In addition, any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(d) F. through I shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv).4.02(d)K.
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) 4.02(d)K. hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) 4.02(d)K. hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage Pass Through Certificates Series 2001-He1)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(e)(ix) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(ix)(A)-(G) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(e)(xi).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xi) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xi) hereof.
Appears in 1 contract
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 5,000 will be deposited by the Depositor into in the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.01(II)(d)(vii), the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Group IV Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class IV-X Certificateholder Certificateholders pursuant to Section 4.02(e)(xv4.01(II)(d)(viii).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class IV-X Certificates maturing on or prior to the next succeeding Distribution DateCertificateholders. Any net investment earnings on such amounts shall be payable to the holders of the Class IV-X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementCertificateholders. The Class IV-X Certificates Certificateholders shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof Class IV-X Certificateholders shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trust Administrator in the JPMorgan Prime Money Market Fund. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.08(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class IV-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofCertificateholders.
(d) If the Trust Administrator shall deposit in the Basis Risk Reserve Fund any amount not required to be deposited therein, it may at any time withdraw such amount from the Basis Risk Reserve Fund, any provision herein to the contrary notwithstanding.
(e) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Class IV-A-1, Class IV-M-1, Class IV-M-2 and Class IV-M-3 Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR such Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class IV-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II)(d)(viii) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Sec Corp CSFB Mort Backed Pass THR Certs Ser 2003 Ar18)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 5,000 will be deposited by the Depositor into in the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.01(III)(d)(ix), the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Group 11 Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class 11-X Certificateholder Certificateholders pursuant to Section 4.02(e)(xv4.01(III)(d)(x).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class 11-X Certificates maturing on or prior to the next succeeding Distribution DateCertificateholders. Any net investment earnings on such amounts shall be payable to the holders of the Class 11-X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementCertificateholders. The Class 11-X Certificates Certificateholders shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof Class 11-X Certificateholders shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trust Administrator in the Xxxxx Fargo Prime Money Market Fund. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.08(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class 11-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofCertificateholders.
(d) If the Trust Administrator shall deposit in the Basis Risk Reserve Fund any amount not required to be deposited therein, it may at any time withdraw such amount from the Basis Risk Reserve Fund, any provision herein to the contrary notwithstanding.
(e) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Class 11-A-1, Class 11-A-2, Class 11-M-1, Class 11-M-2 and Class 11-M-3 Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR such Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class 11-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(III)(d)(x) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mort Sec Corp Mort Backed Pass THR Certs Ser 2003 Ar5)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.01(I)(d)(ix) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.01(I)(d)(vix)(1)-(7) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.01(I)(d)(x).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee Trust Administrator shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee Trust Administrator shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(I)(d)(x) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates entitled to Basis Risk Shortfalls equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR such Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(I)(d)(x) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSAB Mortgage-Backed Pass-Through Certificates, Series 2006-2)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 5,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) Sections 4.01(II)(d)(ix), the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Group II Certificates in respect of Basis Risk Shortfalls. Any distributions of Shortfall pursuant to Section 4.01(II)(d)(v)-(viii) to the extent Monthly Excess Cashflow on such date is insufficient to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to make such holderspayments. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class II-X Certificateholder pursuant to Section 4.02(e)(xv4.01(II)(d)(x).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution DateDepositor. Any net investment earnings on such amounts shall be payable to the holders of the Class X CertificatesDepositor. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates Depositor shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof Depositor shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trust Administrator in the JPMorgan Prime Money Market Fund. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of .
(d) If the Trust Fund, any amounts remaining Administrator shall deposit in the Basis Risk Reserve Fund shall any amount not required to be distributed deposited therein, it may at any time withdraw such amount from such Basis Risk Reserve Fund, any provision herein to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofcontrary notwithstanding.
(de) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders Holder of the Class II-X Certificates Certificate in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II)(d)(x) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.01(I)(d)(iii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Group 1 Certificates (other than the Class 1-X, Class 1-P and Class 1-R Certificates) in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.01(I)(d)(iii)(1)-(2) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class 1-X Certificateholder pursuant to Section 4.02(e)(xv4.01(I)(d)(iv).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class 1-X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class 1-X Certificates. The Trustee Trust Administrator shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class 1-X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee Trust Administrator shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class 1-X Certificateholder for all federal tax purposes. The Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.08(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class 1-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(I)(d)(iv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Group 1 Certificates (other than the Class 1-X, Class 1-P and Class 1-R Certificates) equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class 1-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(I)(d)(iv) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSAB Mortgage-Backed Trust 2007-1)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the Class1A-1, Class 2A-1, Class 2A-2 and Class 2A-3 Certificates, the a Basis Risk Reserve Fund, into which the Depositor shall deposit $1,000. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement. The Basis Risk Reserve Fund shall not be an asset of any REMIC established hereby.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the Trustee IO Component of the Class A-X Certificates shall transfer from the Certificate Account to instead be deposited in the Basis Risk Reserve Fund to the extent of the Required Reserve Fund Deposit.
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1A-1, Class 2A-1, Class 2A-2 and Class 2A-3 Certificates, the Trustee shall withdraw from Basis Risk Reserve Fund, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.02(e)(xiii) 5.01(a)(iii). If on any Distribution Date the Required Basis Risk Reserve Fund Deposit. Amounts amount on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with any Distribution Date is not sufficient to fund the amounts required to be distributed to holders make a full distribution of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid Shortfall with respect to such holders. On any Distribution Datetwo or more Classes of the Class 1A-1, any amounts Class 2A-1, Class 2A-2 or Class 2A-3 Certificates, the Trustee shall withdraw the entire amount on deposit in the Basis Risk Reserve Fund in excess and distribute such amount to such Classes of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv)Certificates on a pro rata basis.
(cd) Funds in the Basis Risk Reserve Fund may shall be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution DatePermitted Investments. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for in the Basis Risk Reserve Fund as an outside reserve fund within shall be for the meaning benefit of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreementthe Class A-X Certificateholders. The Class A-X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and the Holders thereof shall direct the Trustee Trustee, in writing writing, as to the investment of amounts on deposit therein. The Trustee Class A-X Certificateholder(s) shall treat be liable for any losses incurred on such investments. In the absence of written instructions from the Class A-X Certificateholder as to investment of funds on deposit in the Basis Risk Reserve Fund, such funds shall be invested in money market funds as described in clause (vi) of the definition of Permitted Investments in Article I. For all Federal income tax purposes, amounts transferred by the Master Upper-Tier REMIC to the Basis Risk Reserve Fund shall be treated as distributions amounts distributed by the Upper-Tier REMIC to the Class A-X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofCertificateholders.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc Harborview Mort Ln Tr 03 3)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(e)(xii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(xi)(A)-(K) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class A Certificates and Class M Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this AgreementIndenture.
(b) On the Closing Date, $5,000.00 1,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.02(b)(iv)BB., the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall may be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Class A Certificates in respect of Basis Risk Shortfalls. Any distributions of and Class M Certificates pursuant to Section 4.02(b)(iv)M. through V. to the extent Monthly Excess Cashflow on such date are insufficient to make such payments. Any such amounts distributed shall be treated for federal tax purposes as amounts distributed by REMIC 5 to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holdersClass X-1 Certificateholders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X X-1 Certificateholder pursuant to Section 4.02(e)(xv).4.02(b)(iv)Y.
(c) [reserved];
(d) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the written direction of the holders of the Majority in Interest Class X Certificates maturing on or prior to the next succeeding Distribution DateX-1 Certificates. Any net investment earnings on such amounts shall be payable to the holders Holder of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X X-1 Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposeson each Distribution Date. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trustee in the First American Prime Obligations Fund, Class A. Amounts held in the Basis Risk Reserve Fund from time to time shall continue to constitute assets of the Trust Fund, but not of REMIC 1, REMIC 2, REMIC 3 or REMIC 4, until released from the Basis Risk Reserve Fund pursuant to this Section 3.23. The Basis Risk Reserve Fund constitutes an “outside reserve fund” within the meaning of Treasury Regulation §1.860G-2(h) and is not an asset of REMIC 1, REMIC 2, REMIC 3 or REMIC 4. For all federal tax purposes, amounts transferred by REMIC 4 to the Basis Risk Reserve Fund shall be treated as amounts distributed by REMIC 4 to the Class X-1 Certificateholders. It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Basis Risk Reserve Fund be disregarded as an entity separate from the Holder of the Class X-1 Certificates unless and until the date when either (a) there is more than one Class X-1 Certificateholder or (b) any Class of Certificates in addition to the Class X-1 Certificates is recharacterized as an equity interest in the Basis Risk Reserve Fund for federal income tax purposes, in which case it is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Basis Risk Reserve Fund be treated as a partnership. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c3.23(d) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders Holder of the Class X X-1 Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) 4.02(b)(iv)Y. hereof.
(de) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Class A Certificates and Class M Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Class A Certificates and Class M Certificates shall be deposited into the Certificate Account and distributed to the Holders Holder of the Class X X-1 Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) 4.02(b)(iv)Y. hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Home Equity Mortgage Trust 2006-6)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the Certificates, a Basis Risk Reserve Fund, into which Xxxxxx Brothers Holdings Inc. (“LBH”) shall deposit $1,000. In addition, the Trustee shall hold the Basis Risk Cap as an asset in the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On The Trustee shall account for the Closing Date, $5,000.00 will Cap Agreement as though it comprised two component cap agreements – the Basis Risk Cap and the Class X Cap. The Class X Cap shall not be deposited by an asset of the Depositor into Trust Fund or the Basis Risk Reserve Fund. On each Distribution Date, Date the Trustee shall transfer from the Certificate Account distribute to the Basis Risk Reserve Fund Class X Certificateholder pursuant to Section 4.02(e)(xiii5.02(f)(iii)(I) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn of this Agreement any payments made by the Trustee in connection with any Cap Provider to the Trust Fund for such Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in with respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of Class X Cap, and the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) Trustee shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to not treat such holders. On any Distribution Date, any payments as amounts on deposit in the Basis Risk Reserve Fund for purposes of determining the Required Reserve Fund Amount for any Distribution Date. On each Distribution Date the Trustee shall distribute in excess the order of priority and to the extent specified in Section 5.02(f)(iii) of this Agreement the sum of (without duplication) (a) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Basis Risk Cap, (b) any amounts then on deposit in the Basis Risk Reserve Fund, including any earnings thereon, in respect of the Required Basis Risk Cap and (c) the Basis Risk Payment, if any, for such Distribution Date. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv)5.02(f)(iii) of this Agreement shall remain on deposit in the Basis Risk Reserve Fund.
(c) Funds in the Basis Risk Reserve Fund may shall be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementInvestments. The Class X Certificates Certificate shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and LBH on behalf of the Holders Holder thereof shall direct the Trustee Trustee, in writing writing, as to the investment of amounts on deposit therein. The Trustee LBH shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder be liable for all federal tax purposesany losses incurred on such investments. In the absence of such written direction, all instructions from LBH as to investment of funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates Fund, such funds shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates invested in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofXxxxx Fargo Prime Money Market Fund Investment Account.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 Bc10)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the Class A1, Class M1, Class M2 and Class B Certificates, the a Basis Risk Reserve Fund, into which the Depositor shall deposit $1,000. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On the Closing each Distribution Date, $5,000.00 will be deposited by the Depositor into Trustee shall transfer, to the extent of amounts available pursuant to Section 5.02(d)(iv)-(vii), to the Basis Risk Reserve FundFund an amount equal to the aggregate of the Basis Risk Shortfalls and the aggregate of the Unpaid Basis Risk Shortfalls for all Classes of Certificates for such Distribution Date. In addition, on each Distribution Date, the Trustee shall transfer, to the extent of amounts available pursuant to Section 5.02(d)(xiv), an amount sufficient to cause the balance in the Basis Risk Reserve Fund to equal the Required Reserve Fund Amount for such Distribution Date. On each Distribution Date, the Trustee shall transfer withdraw amounts from the Certificate Account to the Basis Risk Reserve Fund to make the distributions required pursuant to Section 4.02(e)(xiii5.02(d)(iv) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv-(vii).
(c) Funds in the Basis Risk Reserve Fund may shall be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution DateInvestments. Any net investment earnings on such amounts shall be payable distributed to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created Certificate pursuant to this AgreementSection 5.02(d)(xv). The Class X Certificates Certificate shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and the Holders Holder thereof shall direct the Trustee Trustee, in writing writing, as to the investment of amounts on deposit therein. The Trustee Class X Certificateholder shall treat be liable for any losses incurred on such investments. In the absence of written instructions from the Class X Certificateholder as to investment of funds on deposit in the Basis Risk Reserve Fund, such funds shall be invested in the Wells Fargo Prime Investment Money Market Fund. Any amounts transferred by the Master REMIC to on depoxxx xn the Basis Risk Reserve Fund as distributions in excess of the Required Reserve Fund Amount on any Distribution Date shall be distributed to the Class X Certificateholder for all federal tax purposes. In the absence of Certificate on such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made Distribution Date pursuant to this Section 4.06(c5.02(d)(xv).
(d) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed Certificateholder pursuant to Section 4.02(e)(xv) hereof5.02(d)(xiv).
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
Appears in 1 contract
Samples: Trust Agreement (Amortizing Resi Collateral Tr Mort Pas Thru Cer Ser 2001-Bc1)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(e)(xiv) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates and the Class B-4 Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates and the Class B-4 Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(xiv)(A)-(M) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(e)(xvi).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xvi) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xvi) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Home Equity Asset Trust 2005-6)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class A, Class M and Class B Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this AgreementIndenture.
(b) On the Closing Date, $5,000.00 1,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.02(b)(iv)BB., the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall may be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Class A, Class M and Class B Certificates in respect of Basis Risk Shortfalls. Any distributions of pursuant to Section 4.02(b)(iv)A. and O. through Y. to the extent Monthly Excess Cashflow on such date are insufficient to make such payments. Any such amounts distributed shall be treated for federal tax purposes as amounts distributed by REMIC 5 to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holdersClass X-1 Certificateholders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X X-1 Certificateholder pursuant to Section 4.02(e)(xv)4.02(b)(iv)BB.
(c) [reserved];
(d) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the written direction of the holders of the Majority in Interest Class X Certificates maturing on or prior to the next succeeding Distribution DateX-1 Certificates. Any net investment earnings on such amounts shall be payable to the holders Holder of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X X-1 Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposeson each Distribution Date. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trustee in the First American Prime Obligations Fund, Class A. Amounts held in the Basis Risk Reserve Fund from time to time shall continue to constitute assets of the Trust Fund, but not of REMIC 1, REMIC 2, REMIC 3, REMIC 4 or REMIC 5, until released from the Basis Risk Reserve Fund pursuant to this Section 3.23. The Basis Risk Reserve Fund constitutes an “outside reserve fund” within the meaning of Treasury Regulation §1.860G-2(h) and is not an asset of REMIC 1, REMIC 2, REMIC 3, REMIC 4 or REMIC 5. For all federal tax purposes, amounts transferred by REMIC 5 to the Basis Risk Reserve Fund shall be treated as amounts distributed by REMIC 5 to the Class X-1 Certificateholders. It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Basis Risk Reserve Fund be disregarded as an entity separate from the Holder of the Class X-1 Certificates unless and until the date when either (a) there is more than one Class X-1 Certificateholder or (b) any Class of Certificates in addition to the Class X-1 Certificates is recharacterized as an equity interest in the Basis Risk Reserve Fund for federal income tax purposes, in which case it is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Basis Risk Reserve Fund be treated as a partnership. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c3.23(d) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders Holder of the Class X X-1 Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) 4.02(b)(iv)BB. hereof.
(de) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Class A, Class M and Class B Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Class A, Class M and Class B Certificates shall be deposited into the Certificate Account and distributed to the Holders Holder of the Class X X-1 Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) 4.02(b)(iv)BB. hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Home Equity Mortgage Trust 2006-5)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the Certificates, other than the Class A-IO, Class P and Class R Certificates, the Basis Risk Reserve Fund, into which the Depositor shall deposit $1,000. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the The Trustee shall transfer make withdrawals from the Certificate Account to the Basis Risk Reserve Fund to make distributions pursuant to Section 4.02(e)(xiii4.1(d) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit hereof.
(c) Funds in the Basis Risk Reserve Fund shall be withdrawn by the Trustee invested in connection with any Distribution Date to fund the Eligible Investments. Any earnings on such amounts required to shall be distributed to holders the Class X Certificateholder pursuant to Section 4.1(i). The Class X Certificate shall evidence ownership of the LIBOR Certificates in respect of Basis Risk ShortfallsReserve Fund for federal income tax purposes and the Holder thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) The Class X Certificateholder shall be deemed liable for any losses incurred on such investments. In the absence of written instructions from the Class X Certificateholder as to have been deposited investment of funds on deposit in the Basis Risk Reserve Fund, such funds shall be invested in the Xxxxx Fargo Prime Investment Money Market Fund and paid to such holdersor comparable investment vehicle. On any Distribution Date, any Any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount on any Distribution Date shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv).
(c) Funds in on the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding following Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal For all Federal income tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat purposes, amounts transferred by the Master REMIC 4 to the Basis Risk Reserve Fund shall be treated as distributions amounts distributed by REMIC 4 to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(cCertificateholder.
(d) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed Certificateholder pursuant to Section 4.02(e)(xv) hereof4.1(i).
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Aegis Asset Backed Securities Corp)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class A, Class M and Class B Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this AgreementIndenture.
(b) On the Closing Date, $5,000.00 1,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(b)(iv) BB., the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall may be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Class A, Class M and Class B Certificates in respect of Basis Risk Shortfalls. Any distributions of pursuant to Section 4.02(b)(iv) O. through Z. to the extent Monthly Excess Cashflow on such date are insufficient to make such payments. Any such amounts distributed shall be treated for federal tax purposes as amounts distributed by REMIC 4 to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holdersClass X-1 Certificateholders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X X-1 Certificateholder pursuant to Section 4.02(e)(xv)4.02(b)(iv) BB.
(c) [reserved];
(d) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the written direction of the holders of the Majority in Interest Class X Certificates maturing on or prior to the next succeeding Distribution DateX-1 Certificates. Any net investment earnings on such amounts shall be payable to the holders Holder of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X X-1 Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposeson each Distribution Date. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trustee in the First American Prime Obligations Fund, Class A. Amounts held in the Basis Risk Reserve Fund from time to time shall continue to constitute assets of the Trust Fund, but not of REMIC 1, REMIC 2, REMIC 3 or REMIC 4, until released from the Basis Risk Reserve Fund pursuant to this Section 3.23. The Basis Risk Reserve Fund constitutes an “outside reserve fund” within the meaning of Treasury Regulation §1.860G-2(h) and is not an asset of REMIC 1, REMIC 2, REMIC 3 or REMIC 4. For all federal tax purposes, amounts transferred by REMIC 4 to the Basis Risk Reserve Fund shall be treated as amounts distributed by REMIC 4 to the Class X-1 Certificateholders. It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Basis Risk Reserve Fund be disregarded as an entity separate from the Holder of the Class X-1 Certificates unless and until the date when either (a) there is more than one Class X-1 Certificateholder or (b) any Class of Certificates in addition to the Class X-1 Certificates is recharacterized as an equity interest in the Basis Risk Reserve Fund for federal income tax purposes, in which case it is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Basis Risk Reserve Fund be treated as a partnership. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c3.23(d) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders Holder of the Class X X-1 Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(b)(iv) BB. hereof.
(de) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Class A, Class M and Class B Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Class A, Class M and Class B Certificates shall be deposited into the Certificate Account and distributed to the Holders Holder of the Class X X-1 Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(b)(iv) BB. hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2006-4)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(e)(viii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfallspursuant to Sections 4.02(e)(ix) to the extent Monthly Excess Cashflow on such date is insufficient to make such payments. Any In addition, any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(viii)(A)-(G) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(e)(x).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(x) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(x) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CFSB Mor Sec Corp Home Equity Asset Trust 2004-1)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.01(I)(d)(vi) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.01(I)(d)(vi)(A)-(E) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.01(I)(d)(viii).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee Trust Administrator shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee Trust Administrator shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(I)(d)(viii) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(I)(d)(viii) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage-Backed Pass-Through Certificates, Series 2005-6)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.01(I)(d)(viii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Group 1 Certificates (other than the Class 1-X, Class 1-P and Class 1-R Certificates) in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.01(I)(d)(viii)(1)-(7) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class 1-X Certificateholder pursuant to Section 4.02(e)(xv4.01(I)(d)(ix).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class 1-X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class 1-X Certificates. The Trustee Trust Administrator shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class 1-X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee Trust Administrator shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class 1-X Certificateholder for all federal tax purposes. The Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class 1-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(I)(d)(ix) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Group 1 Certificates (other than the Class 1-X, Class 1-P and Class 1-R Certificates) equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class 1-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(I)(d)(ix) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSMC Mortgage Backed Trust Series 2007-1)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(e)(xi) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(xi)(A)-(K) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(e)(xiii).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X X-1 Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X CertificatesCertificates pursuant to Section 4.02(e)(xiii). The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xiii) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xiii) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Home Equity Pass-Through Certificates, Series 2004-Fre1)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the LIBOR Certificates, a Basis Risk Reserve Fund, into which Xxxxxx Brothers Holdings Inc. (“LBH”) shall deposit $1,000. In addition, the Trustee shall hold the Basis Risk Cap as an asset in the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On The Trustee shall account for the Closing Date, $5,000.00 will Cap Agreement as though it comprised two component cap agreements – the Basis Risk Cap and the Class X Cap. The Class X Cap shall not be deposited by an asset of the Depositor into Trust Fund or the Basis Risk Reserve Fund. On each Distribution Date, Date the Trustee shall transfer from the Certificate Account distribute to the Basis Risk Reserve Fund Class X Certificateholder pursuant to Section 4.02(e)(xiii5.02(e)(iii)(G) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn of this Agreement any payments made by the Trustee in connection with any Cap Provider to the Trust Fund for such Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in with respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of Class X Cap, and the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) Trustee shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to not treat such holders. On any Distribution Date, any payments as amounts on deposit in the Basis Risk Reserve Fund for purposes of determining the Required Reserve Fund Amount for any Distribution Date. On each Distribution Date, the Trustee shall distribute in excess the order of priority and to the extent specified in Section 5.02(e)(iii) of this Agreement the sum of (without duplication) (a) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Basis Risk Cap, (b) any amounts then on deposit in the Basis Risk Reserve Fund, including any earnings thereon, in respect of the Required Basis Risk Cap and (c) the Basis Risk Payment, if any, for such Distribution Date. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv)5.02(e)(iii) of this Agreement shall remain on deposit in the Basis Risk Reserve Fund.
(c) Funds in the Basis Risk Reserve Fund may shall be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementInvestments. The Class X Certificates Certificate shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and LBH on behalf of the Holders Holder thereof shall direct the Trustee Trustee, in writing writing, as to the investment of amounts on deposit therein. The Trustee LBH shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder be liable for all federal tax purposesany losses incurred on such investments. In the absence of such written direction, all instructions from LBH as to investment of funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates Fund, such funds shall be deposited into the Certificate Account and distributed to the Holders invested in a money market or common trust fund as described in paragraph (viii) of the Class X Certificates “Eligible Investments” set forth in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.Article I.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 S1)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.01(I)(d)(viii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.01(I)(d)(viii)(1)-(7) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class 1-X Certificateholder pursuant to Section 4.02(e)(xv4.01(I)(d)(ix).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class 1-X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class 1-X Certificates. The Trustee Trust Administrator shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class 1-X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee Trust Administrator shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class 1-X Certificateholder for all federal tax purposes. The Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class 1-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(I)(d)(ix) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class 1-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(I)(d)(ix) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSMC Mortgage Backed Trust Series 2007-1)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders holders of the Certificates, a Basis Risk Reserve Fund, into which the Seller shall deposit $1,000. In addition, the Trust Administrator shall hold the Basis Risk Cap as an asset in the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys of the Trust Administrator held by the Trustee pursuant to this Agreement.
(b) On The Trust Administrator shall account for the Closing Date, $5,000.00 will Cap Agreement as though it comprised two component cap agreements – the Basis Risk Cap and the Class X Cap. The Class X Cap shall not be deposited by an asset of the Depositor into Trust Fund or the Basis Risk Reserve Fund. On each Distribution Date, Date the Trustee Trust Administrator shall transfer from the Certificate Account distribute to the Basis Risk Reserve Fund Class X Certificateholder pursuant to Section 4.02(e)(xiii5.02(f)(iii)(H) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn of this Agreement any payments made by the Trustee in connection with any Cap Provider to the Trust Fund for such Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in with respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of Class X Cap, and the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) Trust Administrator shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to not treat such holders. On any Distribution Date, any payments as amounts on deposit in the Basis Risk Reserve Fund for purposes of determining the Required Reserve Fund Amount for any Distribution Date. On each Distribution Date the Trust Administrator shall distribute in excess the order of priority and to the extent specified in Section 5.02(f)(iii) of this Agreement the sum of (without duplication) (a) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Basis Risk Cap, (b) any amounts then on deposit in the Basis Risk Reserve Fund, including any earnings thereon, in respect of the Required Basis Risk Cap and (c) the Basis Risk Payment, if any, for such Distribution Date. On any Distribution Date, any amounts that the Trust Administrator is not required to distribute from the Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv)5.02(f)(iii) of this Agreement shall remain on deposit in the Basis Risk Reserve Fund.
(c) Funds in the Basis Risk Reserve Fund may shall be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementInvestments. The Class X Certificates Certificate shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and the Holders Seller on behalf of the Holder thereof shall direct the Trustee Trust Administrator, in writing writing, as to the investment of amounts on deposit therein. The Trustee Seller shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder be liable for all federal tax purposesany losses incurred on such investments. In the absence of such written direction, all instructions from the Seller as to investment of funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates Fund, such funds shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates invested in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof[ ] Account.
Appears in 1 contract
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the Certificates, a Basis Risk Reserve Fund, into which Xxxxxx Brothers Holdings Inc. (“LBH”) shall deposit $1,000. In addition, the Trustee shall hold the Basis Risk Cap as an asset in the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On The Trustee shall account for the Closing Date, $5,000.00 will Cap Agreement as though it comprised two component cap agreements – the Basis Risk Cap and the Class X Cap. The Class X Cap shall not be deposited by an asset of the Depositor into Trust Fund or the Basis Risk Reserve Fund. On each Distribution Date, Date the Trustee shall transfer from the Certificate Account distribute to the Basis Risk Reserve Fund Class X Certificateholder pursuant to Section 4.02(e)(xiii5.02(f)(iii)(H) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn of this Agreement any payments made by the Trustee in connection with any Cap Provider to the Trust Fund for such Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in with respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of Class X Cap, and the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) Trustee shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to not treat such holders. On any Distribution Date, any payments as amounts on deposit in the Basis Risk Reserve Fund for purposes of determining the Required Reserve Fund Amount for any Distribution Date. On each Distribution Date the Trustee shall distribute in excess the order of priority and to the extent specified in Section 5.02(f)(iii) of this Agreement the sum of (without duplication) (a) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Basis Risk Cap, (b) any amounts then on deposit in the Basis Risk Reserve Fund, including any earnings thereon, in respect of the Required Basis Risk Cap and (c) the Basis Risk Payment, if any, for such Distribution Date. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv)5.02(f)(iii) of this Agreement shall remain on deposit in the Basis Risk Reserve Fund.
(c) Funds in the Basis Risk Reserve Fund may shall be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementInvestments. The Class X Certificates Certificate shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and LBH on behalf of the Holders Holder thereof shall direct the Trustee Trustee, in writing writing, as to the investment of amounts on deposit therein. The Trustee LBH shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder be liable for all federal tax purposesany losses incurred on such investments. In the absence of such written direction, all instructions from LBH as to investment of funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates Fund, such funds shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates invested in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofXxxxx Fargo Prime Money Market Fund Investment Account.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 Bc8)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the Offered Certificates, the Basis Risk Reserve Fund, into which LBH shall deposit $1,000. In addition, the Trustee shall hold the Class 2-A1 Cap Agreement as an asset in the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On each Distribution Date on which there is a payment received under the Closing DateClass 2-A1 Cap Agreement that is based on a notional amount in excess of the Class Principal Amount of the Class 2-A1 Certificates (such amount, $5,000.00 will be deposited the “Class C-X Excess Cap Amount”), the Trustee shall distribute such Class C-X Excess Cap Amount to the Class C-X Certificateholders pursuant to Section 5.02(f)(iv). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(f)(iv) of this Agreement the sum of (without duplication) (a) any payments made by the Depositor into Cap Counterparty to the Trust Fund for such Distribution Date with respect to the Class 2-A1 Cap Agreement and (b) any amounts then on deposit in the Basis Risk Reserve Fund, including any earnings thereon. On each any Distribution Date, any amounts that the Trustee shall transfer is not required to distribute from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii5.02(f)(iv) the Required Basis Risk Reserve Fund Deposit. Amounts of this Agreement shall remain on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv)Fund.
(c) Funds in the Basis Risk Reserve Fund may shall be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementInvestments. The Class C-X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and LBH on behalf of the Holders thereof shall direct the Trustee Trustee, in writing writing, as to the investment of amounts on deposit therein. The Trustee LBH shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder be liable for all federal tax purposesany losses incurred on such investments. In the absence of such written direction, all instructions from LBH as to investment of funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund, such funds shall remain uninvested. The Basis Risk Reserve Fund not payable on the LIBOR Certificates shall will be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofterminated after a Trust Fund Termination Event.
Appears in 1 contract
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(e)(xii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(xiii)(A)-(K) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Home Equity Pass-Through 2004-Aa1)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(e)(vii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfallspursuant to Sections 4.02(e)(vii) to the extent Monthly Excess Cashflow on such date is insufficient to make such payments. Any In addition, any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(vii)(A)-(G) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(e)(ix).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h1.860G 2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(ix) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(ix) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Home Equity Pass Through Certificates Series 2003-3)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 5,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.01(II), the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Group IV Certificates in respect of Basis Risk Shortfalls. Any distributions of Shortfall pursuant to Section 4.01(II) to the extent Monthly Excess Cashflow on such date is insufficient to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to make such holderspayments. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class IV-X Certificateholder pursuant to Section 4.02(e)(xv4.01(II).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class IV-X Certificates maturing on or prior to the next succeeding Distribution DateCertificateholder. Any net investment earnings on such amounts shall be payable to the holders of the Class IV-X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementCertificateholder. The Class IV-X Certificates Certificateholder shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof Class IV-X Certificateholder shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trust Administrator in the JPMorgan Prime Money Market Fund. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class IV-X Certificates Certificateholders in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II) hereof.
(d) If the Trust Administrator shall deposit in the Basis Risk Reserve Fund any amount not required to be deposited therein, it may at any time withdraw such amount from such Basis Risk Reserve Fund, any provision herein to the contrary notwithstanding.
(e) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders Holder of the Class IV-X Certificates Certificate in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 5,000 will be deposited by the Depositor into in the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.01(II)(d)(ix), the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Group IV Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class IV-X Certificateholder Certificateholders pursuant to Section 4.02(e)(xv4.01(II)(d)(x).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class IV-X Certificates maturing on or prior to the next succeeding Distribution DateCertificateholders. Any net investment earnings on such amounts shall be payable to the holders of the Class IV-X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementCertificateholders. The Class IV-X Certificates Certificateholders shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof Class IV-X Certificateholders shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trust Administrator in the JPMorgan Prime Money Market Fund. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.08(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class IV-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofCertificateholders.
(d) If the Trust Administrator shall deposit in the Basis Risk Reserve Fund any amount not required to be deposited therein, it may at any time withdraw such amount from the Basis Risk Reserve Fund, any provision herein to the contrary notwithstanding.
(e) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Class IV-A-1, Class IV-M-1, Class IV-M-2 and Class IV-M-3 Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR such Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class IV-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II)(d)(x) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mort Backed Pass Through Certs Series 2003 Ar22)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the LIBOR Certificates, the Basis Risk Reserve Fund, into which the Depositor shall deposit $1,000. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the The Trustee shall transfer make withdrawals from the Certificate Account to the Basis Risk Reserve Fund to make distributions pursuant to Section 4.02(e)(xiii4.1(d) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv)hereof.
(c) Funds in the Basis Risk Reserve Fund may shall be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution DateInvestments. Any net investment earnings on such amounts shall be payable distributed on each Distribution Date to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementCertificateholders. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and the Holders Holder thereof shall direct the Trustee Trustee, in writing writing, as to the investment of amounts on deposit therein. The Trustee Class X Certificateholders shall treat be liable for any losses incurred on such investments. In the absence of written instructions from the Class X Certificateholder as to investment of funds on deposit in the Basis Risk Reserve Fund, such funds shall be invested in the Wxxxx Fargo Prime Investment Money Market Fund or comparable investment vehicle. Any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Reserve Fund Amount on any Distribution Date shall be distributed to the Class X Certificateholders on the following Distribution Date. For all Federal income tax purposes, amounts transferred by the Master Upper Tier REMIC to the Basis Risk Reserve Fund shall be treated as distributions amounts distributed by the Upper Tier REMIC to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(cCertificateholders.
(d) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofCertificateholders.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
Appears in 1 contract
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 5,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.01(II)(d)(vii), the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Group VII Certificates in respect of Basis Risk Shortfalls. Any distributions of Shortfall pursuant to Section 4.01(II)(d)(ii)-(iv) to the extent Monthly Excess Cashflow on such date is insufficient to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to make such holderspayments. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class VII-X Certificateholder Certificateholders pursuant to Section 4.02(e)(xv4.01(II)(d)(viii).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class VII-X Certificates maturing on or prior to the next succeeding Distribution DateCertificateholders. Any net investment earnings on such amounts shall be payable to the holders of the Class VII-X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementCertificateholders. The Class VII-X Certificates Certificateholders shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof Class VII-X Certificateholders shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trust Administrator in the JPMorgan Prime Money Market Fund. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class VII-X Certificates Certificateholders in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II)(d)(viii) hereof.
(d) If the Trust Administrator shall deposit in the Basis Risk Reserve Fund any amount not required to be deposited therein, it may at any time withdraw such amount from such Basis Risk Reserve Fund, any provision herein to the contrary notwithstanding.
(e) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class VII-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II)(d)(viii) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage-Backed Pass-Through Certificates Ser 2002-Ar31)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(e)(xvi).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xvi) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(xvi) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Home Equity Asset Trust 2006-8)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 5,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) Sections 4.01(II)(d)(x), the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Group II Certificates in respect of Basis Risk Shortfalls. Any distributions of Shortfall pursuant to Section 4.01(II)(d)(iv)-(vi) to the extent Monthly Excess Cashflow on such date is insufficient to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to make such holderspayments. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class II-X Certificateholder pursuant to Section 4.02(e)(xv4.01(II)(d)(xi).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution DateDepositor. Any net investment earnings on such amounts shall be payable to the holders of the Class X CertificatesDepositor. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates Depositor shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof Depositor shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trust Administrator in the JPMorgan Prime Money Market Fund. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of .
(d) If the Trust Fund, any amounts remaining Administrator shall deposit in the Basis Risk Reserve Fund shall any amount not required to be distributed deposited therein, it may at any time withdraw such amount from such Basis Risk Reserve Fund, any provision herein to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofcontrary notwithstanding.
(de) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders Holder of the Class II-X Certificates Certificate in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II)(d)(xi) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the Class A, Class M1, Class M2 and Class B Certificates, the a Basis Risk Reserve Fund, into which the Depositor shall deposit $1,000. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On the Closing each Distribution Date, $5,000.00 will be deposited by the Depositor into Trustee shall transfer, to the extent of amounts available pursuant to Section 5.02(d)(iv)-(vii), to the Basis Risk Reserve FundFund an amount equal to the aggregate of the Basis Risk Shortfalls and the aggregate of the Unpaid Basis Risk Shortfalls for all Classes of Certificates for such Distribution Date. In addition, on each Distribution Date, the Trustee shall transfer, to the extent of amounts available pursuant to Section 5.02(d)(xiv), an amount sufficient to cause the balance in the Basis Risk Reserve Fund to equal the Required Reserve Fund Amount for such Distribution Date. On each Distribution Date, the Trustee shall transfer withdraw amounts from the Certificate Account to the Basis Risk Reserve Fund to make the distributions required pursuant to Section 4.02(e)(xiii5.02(d)(iv) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit -(vii).
(c) Funds in the Basis Risk Reserve Fund shall be withdrawn by the Trustee invested in connection with any Distribution Date to fund the Eligible Investments. Any earnings on such amounts required to shall be distributed to holders the Class X Certificate pursuant to Section 5.02(d)(xv). The Class X Certificate shall evidence ownership of the LIBOR Certificates in respect of Basis Risk ShortfallsReserve Fund for federal income tax purposes and the Holder thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) The Class X Certificateholder shall be deemed liable for any losses incurred on such investments. In the absence of written instructions from the Class X Certificateholder as to have been deposited investment of funds on deposit in the Basis Risk Reserve Fund and paid to Fund, such holdersfunds shall be invested in the One Group Institutional Prime Money Market Fund. On any Distribution Date, any Any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount on any Distribution Date shall be distributed to the Class X Certificateholder Certificate on such Distribution Date pursuant to Section 4.02(e)(xv5.02(d)(xv).
(cd) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed Certificateholder pursuant to Section 4.02(e)(xv) hereof5.02(d)(xiv).
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities Corp Mort Pas THR Ce Se 2001-Bc3)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.01(d)(xi) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders Holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.01(d)(xi)(1)-(9) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.01(d)(xii).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee Trust Administrator shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee Trust Administrator shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(d)(xii) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates entitled to Basis Risk Shortfalls equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR such Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(d)(xii) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSAB Mortgage-Backed Trust 2006-4)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Securities Administrator shall establish and maintain an account in its namethe name of the Trustee, in trust for the benefit of the Holders of the CertificatesCertificateholders, called the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Securities Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 1,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Securities Administrator shall transfer amounts from the Certificate Distribution Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) the Required Basis Risk Reserve Fund Deposit5.06(d)(viii). Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with Securities Administrator on any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR and Class B-4-IO Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv5.06(d)(viii).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Permitted Investments by the Trustee Securities Administrator at the written direction of the holders of the Class X X-1 Certificates maturing on or the Business Day prior to the next succeeding Distribution DateDate (and if no such direction is received, such funds shall not be invested). Any net investment earnings on such amounts shall be payable to the holders of the Class X CertificatesX-1 Certificates pursuant to Section 5.10(d). The Trustee shall account for the Basis Risk Reserve Fund shall be accounted for by the Securities Administrator as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X X-1 Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee Securities Administrator in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund shall be treated by the Securities Administrator as distributions to the Class X X-1 Certificateholder in respect of the Class X-1 Interest for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee Securities Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments5.10(c). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofX-1 Certificates.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Certificate Principal Balance or Class B-4-IO Notional Amount, as applicable, of the LIBOR and Class B-4-IO Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR and Class B-4-IO Certificates shall be deposited into the Certificate Distribution Account and distributed to the Holders of the Class X X-1 Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv5.06(d)(ix).
(e) hereofThe Securities Administrator shall treat the beneficial owners of Certificates (other than the Class A-IO, Class B-4-PO, Class P, Class X-1, Class X-2 and Class R Certificates) as having entered into a notional principal contract with respect to the beneficial owners of the Class X-1 Certificates. Pursuant to such notional principal contract, the beneficial owner of the Class X-1 Certificates shall be treated as having agreed to pay Basis Risk Shortfalls to the holders of the beneficial owners of Certificates (other than the Class A-IO, Class B-4-PO, Class P, Class X-1, Class X-2 and Class R Certificates) in accordance with the terms of this Agreement. Any payments to the Certificates in light of the foregoing shall not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860G(a)(1), and each Certificate (other than the Class A-IO, Class B-4-PO, Class P, Class X-1, Class X-2 and Class R Certificates) shall be treated as representing not only ownership of regular interests in the Master REMIC, but also ownership of an interest in a notional principal contract. For tax purposes, the notional principal contract shall be deemed to have a value of $5,000 as of the Closing Date.
(f) Notwithstanding the priority and sources of payments set forth in Article V hereof or otherwise, the Securities Administrator shall account for all distributions on the Certificates in respect of Basis Risk Shortfalls as set forth in this Section 5.10. In no event shall any payments of Basis Risk Shortfalls provided for in this Section 5.10 be treated as payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860G(a)(1).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Nomura Asset Acceptance Corp)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.01(I)(d)(vii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.01(I)(d)(vii)(i)-(v) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.01(I)(d)(ix).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee Trust Administrator shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee Trust Administrator shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(I)(d)(ix) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(I)(d)(ix) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust Series 2006-3)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.01(II)(d)(xi), the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Group III Certificates in respect of Basis Risk Shortfalls. Any distributions of Shortfall pursuant to Section 4.01(II)(d)(vi)-(x) to the extent Monthly Excess Cashflow for Loan Group I on such date is insufficient to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to make such holderspayments. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.01(II)(d)(xii).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders holder of the Class X Certificates maturing on or prior to the next succeeding Distribution DateCertificates. Any net investment earnings on such amounts shall be payable to the holders Depositor. The holder of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof holder of the Class X Certificates shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trust Administrator in the JPMorgan Prime Money Market Fund. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of .
(d) If the Trust Fund, any amounts remaining Administrator shall deposit in the Basis Risk Reserve Fund shall any amount not required to be distributed deposited therein, it may at any time withdraw such amount from the Basis Risk Reserve Fund, any provision herein to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofcontrary notwithstanding.
(de) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Group III Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Group III Certificates shall be deposited into the Certificate Account and distributed to the Holders Holder of the Class X Certificates Certificate in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II)(d)(xii) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(e)(viii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfallspursuant to Sections 4.02(e)(viii) to the extent Monthly Excess Cashflow on such date is insufficient to make such payments. Any In addition, any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(viii)(A)-(G) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(e)(x).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(x) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(x) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mort Sec Home Equity Asset 2004-2)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) Sections 4.01(II)(d)(vii), the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Group II Certificates in respect of Basis Risk Shortfalls. Any distributions of Shortfall pursuant to Section 4.01(II)(d)(iv)-(vi) to the extent Monthly Excess Cashflow on such date is insufficient to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to make such holderspayments. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class II-X Certificateholder pursuant to Section 4.02(e)(xv4.01(II)(d)(viii).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders holder of the Class II-X Certificates maturing on or prior to the next succeeding Distribution DateCertificates. Any net investment earnings on such amounts shall be payable to the holders Depositor. The holder of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class II-X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof holder of the Class II-X Certificates shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trust Administrator in the JPMorgan Prime Money Market Fund. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of .
(d) If the Trust Fund, any amounts remaining Administrator shall deposit in the Basis Risk Reserve Fund shall any amount not required to be distributed deposited therein, it may at any time withdraw such amount from such Basis Risk Reserve Fund, any provision herein to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofcontrary notwithstanding.
(de) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Group II Offered Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Group II Offered Certificates shall be deposited into the Certificate Account and distributed to the Holders Holder of the Class II-X Certificates Certificate in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II)(d)(viii) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, limitation other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will shall be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.01(c)(xii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates (other than the Class R Certificates) in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.01(c)(vii) through (xii) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.01(c)(xiii).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee Trust Administrator shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee Trust Administrator shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
(d) 4.01(c)(xiii). On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates entitled to Basis Risk Shortfalls equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR such Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof4.01(c)(xiii).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (TBW Mortgage-Backed Trust Series 2007-2)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the Certificates, a Basis Risk Reserve Fund, into which LBH shall deposit $1,000. In addition, the Trustee shall hold the Basis Risk Cap as an asset in the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On The Trustee shall account for the Closing Date, $5,000.00 will Cap Agreement as though it comprised two component cap agreements – the Basis Risk Cap and the Class X Cap. The Class X Cap shall not be deposited by an asset of the Depositor into Trust Fund or the Basis Risk Reserve Fund. On each Distribution Date, Date the Trustee shall transfer from the Certificate Account distribute to the Basis Risk Reserve Fund Class X Certificateholder pursuant to Section 4.02(e)(xiii5.02(e)(iii)(H) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn of this Agreement any payments made by the Trustee in connection with any Cap Provider to the Trust Fund for such Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in with respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of Class X Cap, and the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) Trustee shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to not treat such holders. On any Distribution Date, any payments as amounts on deposit in the Basis Risk Reserve Fund for purposes of determining the Required Reserve Fund Amount for any Distribution Date. On each Distribution Date the Trustee shall distribute in excess the order of priority and to the extent specified in Section 5.02(e)(iii) of this Agreement the sum of (without duplication) (a) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Basis Risk Cap, (b) any amounts then on deposit in the Basis Risk Reserve Fund, including any earnings thereon, in respect of the Required Basis Risk Cap and (c) the Basis Risk Payment, if any, for such Distribution Date. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv)5.02(e)(iii) of this Agreement shall remain on deposit in the Basis Risk Reserve Fund.
(c) Funds in the Basis Risk Reserve Fund may shall be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementInvestments. The Class X Certificates Certificate shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and LBH on behalf of the Holders Holder thereof shall direct the Trustee Trustee, in writing writing, as to the investment of amounts on deposit therein. The Trustee LBH shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder be liable for all federal tax purposesany losses incurred on such investments. In the absence of such written direction, all instructions from LBH as to investment of funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates Fund, such funds shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates invested in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofXxxxx Fargo Prime Money Market Fund Investment Account.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-Bc11)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the LIBOR Certificates and the Class B1 and Class B2 Certificates, a Basis Risk Reserve Fund, into which Xxxxxx Capital, a Division of Xxxxxx Brothers Holdings Inc. (“Xxxxxx Capital”), shall deposit $1,000. In addition, the Trustee shall hold the Basis Risk Cap as an asset in the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On The Trustee shall account for the Closing Date, $5,000.00 will Cap Agreement as though it comprised two component cap agreements – the Basis Risk Cap and the Class X Cap. The Class X Cap shall not be deposited by an asset of the Depositor into Trust Fund or the Basis Risk Reserve Fund. On each Distribution Date, Date the Trustee shall transfer from the Certificate Account distribute to the Basis Risk Reserve Fund Class X Certificateholder pursuant to Section 4.02(e)(xiii5.02(d)(iii)(N) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn of this Agreement any payments made by the Trustee in connection with any Cap Provider to the Trust Fund for such Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in with respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of Class X Cap, and the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) Trustee shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to not treat such holders. On any Distribution Date, any payments as amounts on deposit in the Basis Risk Reserve Fund for purposes of determining the Required Reserve Fund Amount for any Distribution Date. On each Distribution Date the Trustee shall distribute in excess the order of priority and to the extent specified in Section 5.02(d)(iii) of this Agreement the sum of (without duplication) (a) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Basis Risk Cap; (b) any amounts then on deposit in the Basis Risk Reserve Fund, including earnings thereon in respect of the Required Basis Risk Cap, and (c) the Basis Risk Payment, if any, for such Distribution Date. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv)5.02(d)(iii) of this Agreement shall remain on deposit in the Basis Risk Reserve Fund.
(c) Funds in the Basis Risk Reserve Fund may shall be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementInvestments. The Class X Certificates Certificate shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and Xxxxxx Capital on behalf of the Holders Holder thereof shall direct the Trustee Trustee, in writing writing, as to the investment of amounts on deposit therein. The Trustee Xxxxxx Capital shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder be liable for all federal tax purposesany losses incurred on such investments. In the absence of such written direction, all instructions from Xxxxxx Capital as to investment of funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates Fund, such funds shall be deposited into the Certificate Account and distributed to the Holders invested in JPMorgan Prime Money Market Fund, Xxxxxx Share Class in accordance with clause (viii) of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofdefinition of Eligible Investments.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2003-Bc2)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 5,000 will be deposited by the Depositor into in the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.01(II)(d)(vii), the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Group IV Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class IV-X Certificateholder Certificateholders pursuant to Section 4.02(e)(xv4.01(II)(d)(x).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class IV-X Certificates maturing on or prior to the next succeeding Distribution DateCertificateholders. Any net investment earnings on such amounts shall be payable to the holders of the Class IV-X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementCertificateholders. The Class IV-X Certificates Certificateholders shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof Class IV-X Certificateholders shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trust Administrator in the JPMorgan Prime Money Market Fund. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.08(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class IV-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofCertificateholders.
(d) If the Trust Administrator shall deposit in the Basis Risk Reserve Fund any amount not required to be deposited therein, it may at any time withdraw such amount from the Basis Risk Reserve Fund, any provision herein to the contrary notwithstanding.
(e) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Class IV-A-1, Class IV-M-1, Class IV-M-2 and Class IV-M-3 Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR such Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class IV-X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II)(d)(x) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass THR Certs Series 2003 Ar20)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Trust Administrator shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Trust Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 5,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Trust Administrator shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.01(II), the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee Trust Administrator in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Group V Certificates in respect of Basis Risk Shortfalls. Any distributions of Shortfall pursuant to Section 4.01(II) to the extent Monthly Excess Cashflow on such date is insufficient to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to make such holderspayments. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class V-X Certificateholder pursuant to Section 4.02(e)(xv4.01(II).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee Trust Administrator at the direction of the holders of the Class V-X Certificates maturing on or prior to the next succeeding Distribution DateCertificateholder. Any net investment earnings on such amounts shall be payable to the holders of the Class V-X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementCertificateholder. The Class V-X Certificates Certificateholder shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof Class V-X Certificateholder shall direct the Trustee Trust Administrator in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trust Administrator in the JPMorgan Prime Money Market Fund. The Trustee Trust Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class V-X Certificates Certificateholders in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II) hereof.
(d) If the Trust Administrator shall deposit in the Basis Risk Reserve Fund any amount not required to be deposited therein, it may at any time withdraw such amount from such Basis Risk Reserve Fund, any provision herein to the contrary notwithstanding.
(e) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders Holder of the Class V-X Certificates Certificate in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(II) hereof.. 105
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass Through Certificates Ser 2002-Ar13)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 5,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.01(d)(ix), the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Shortfall pursuant to Section 4.01(d)(v)-(viii) to the extent Monthly Excess Cashflow on such date is insufficient to the holders of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to make such holderspayments. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.01(d)(x).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution DateDepositor. Any net investment earnings on such amounts shall be payable to the holders of the Class X CertificatesDepositor. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates Depositor shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof Depositor shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvestedbe invested by the Trustee in the JPMorgan Prime Money Market Fund. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c4.07(c) (other than as obligor on any such investments). Upon termination of .
(d) If the Trust Fund, any amounts remaining Trustee shall deposit in the Basis Risk Reserve Fund shall any amount not required to be distributed deposited therein, it may at any time withdraw such amount from such Basis Risk Reserve Fund, any provision herein to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofcontrary notwithstanding.
(de) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders Holder of the Class X Certificates Certificate in the same manner as if distributed pursuant to Section 4.02(e)(xv4.01(d)(x) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 4.02(d)J. the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(d) shall be deemed F. through I. to have been deposited in the Basis Risk Reserve Fund and paid extent Monthly Excess Cashflow on such date is insufficient to make such holderspayments. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv).4.02(d)K.
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) 4.02(d)K. hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) 4.02(d)K. hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Abs Trust Series 2001-He22)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the Certificates, a Basis Risk Reserve Fund, into which LBH shall deposit $1,000. In addition, the Trustee shall hold the Basis Risk Cap as an asset in the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On The Trustee shall account for the Closing Date, $5,000.00 will Cap Agreement as though it comprised two component cap agreements – the Basis Risk Cap and the Class X Cap. The Class X Cap shall not be deposited by an asset of the Depositor into Trust Fund or the Basis Risk Reserve Fund. On each Distribution Date, Date the Trustee shall transfer from the Certificate Account distribute to the Basis Risk Reserve Fund Class X Certificateholder pursuant to Section 4.02(e)(xiii5.02(f)(iii)(H) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn of this Agreement any payments made by the Trustee in connection with any Cap Provider to the Trust Fund for such Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in with respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of Class X Cap, and the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) Trustee shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to not treat such holders. On any Distribution Date, any payments as amounts on deposit in the Basis Risk Reserve Fund for purposes of determining the Required Reserve Fund Amount for any Distribution Date. On each Distribution Date the Trustee shall distribute in excess the order of priority and to the extent specified in Section 5.02(f)(iii) of this Agreement the sum of (without duplication) (a) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Basis Risk Cap, (b) any amounts then on deposit in the Basis Risk Reserve Fund, including any earnings thereon, in respect of the Required Basis Risk Cap and (c) the Basis Risk Payment, if any, for such Distribution Date. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv)5.02(f)(iii) of this Agreement shall remain on deposit in the Basis Risk Reserve Fund.
(c) Funds in the Basis Risk Reserve Fund may shall be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementInvestments. The Class X Certificates Certificate shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and LBH on behalf of the Holders Holder thereof shall direct the Trustee Trustee, in writing writing, as to the investment of amounts on deposit therein. The Trustee LBH shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder be liable for all federal tax purposesany losses incurred on such investments. In the absence of such written direction, all instructions from LBH as to investment of funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates Fund, such funds shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates invested in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofXxxxx Fargo Prime Money Market Fund Investment Account.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 Bc9)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee Securities Administrator shall establish and maintain an account in its namethe name of the Trustee, in trust for the benefit of the Holders of the CertificatesCertificateholders, called the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee Securities Administrator pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 1,000 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee Securities Administrator shall transfer amounts from the Certificate Distribution Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) the Required Basis Risk Reserve Fund Deposit5.06(d)(xiii). Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn by the Trustee in connection with Securities Administrator on any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of the LIBOR and Class B-4 and B-5 Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv5.06(d)(xiii).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Permitted Investments by the Trustee Securities Administrator at the written direction of the holders of the Class X X-1 Certificates maturing on or the Business Day prior to the next succeeding Distribution DateDate (and if no such direction is received, such funds shall not be invested). Any net investment earnings on such amounts shall be payable to the holders of the Class X CertificatesX-1 Certificates pursuant to Section 5.10(d). The Trustee shall account for the Basis Risk Reserve Fund shall be accounted for by the Securities Administrator as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X X-1 Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee Securities Administrator in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund shall be treated by the Securities Administrator as distributions to the Class X X-1 Certificateholder in respect of the Class X-1 Interest for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee Securities Administrator shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments5.10(c). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofX-1 Certificates.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Certificate Principal Balance of the LIBOR Certificates and the Class B-4 and Class B-5 Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates and Class B-4 and Class B-5 Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X X-1 Certificates.
(e) The Securities Administrator shall treat the beneficial owners of Certificates (other than the Class A-IO, Class P, Class X-1, Class X-2 and Class R Certificates) as having entered into a notional principal contract with respect to the beneficial owners of the Class X-1 Certificates. Pursuant to such notional principal contract, the beneficial owner of the Class X-1 Certificates shall be treated as having agreed to pay Basis Risk Shortfalls to the holders of the beneficial owners of Certificates (other than the Class A-IO, Class P, Class X-1, Class X-2 and Class R Certificates) in accordance with the terms of this Agreement. Any payments to the Certificates in light of the same manner foregoing shall not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860G(a)(1), and each Certificate (other than the Class A-IO, Class P, Class X-1, Class X-2 and Class R Certificates) shall be treated as if distributed pursuant representing not only ownership of regular interests in the Master REMIC, but also ownership of an interest in a notional principal contract. For tax purposes, the notional principal contract shall be deemed to have a value of $5,000 as of the Closing Date.
(f) Notwithstanding the priority and sources of payments set forth in Article V hereof or otherwise, the Securities Administrator shall account for all distributions on the Certificates in respect of Basis Risk Shortfalls as set forth in this Section 4.02(e)(xv) hereof5.10. In no event shall any payments of Basis Risk Shortfalls provided for in this Section 5.10 be treated as payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860G(a)(1).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Nomura Asset Acceptance Corp)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution Date, the Trustee shall transfer from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii4.02(e)(viii) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall can be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Offered Certificates in respect of Basis Risk Shortfallspursuant to Sections 4.02(e)(viii) to the extent Monthly Excess Cashflow on such date is insufficient to make such payments. Any In addition, any distributions of Monthly Excess Cashflow to the holders of the LIBOR Offered Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L4.02(e)(viii)(A)-(E) shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to such holders. On any Distribution Date, any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv4.02(e)(ix).
(c) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal Federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(ix) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv4.02(e)(ix) hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Home Equity Pass Through Certificates Series 2002-4)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the LIBOR Certificates, a Basis Risk Reserve Fund, into which Xxxxxx Brothers Holdings Inc. (“LBH”) shall deposit $1,000. In addition, the Trustee shall hold the Basis Risk Cap as an asset in the Basis Risk Reserve Fund. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On The Trustee shall account for the Closing Date, $5,000.00 will Cap Agreement as though it comprised two component cap agreements – the Basis Risk Cap and the Class X Cap. The Class X Cap shall not be deposited by an asset of the Depositor into Trust Fund or the Basis Risk Reserve Fund. On each Distribution Date, Date the Trustee shall transfer from the Certificate Account distribute to the Basis Risk Reserve Fund Class X Certificateholder pursuant to Section 4.02(e)(xiii5.02(f)(iii)(H) the Required Basis Risk Reserve Fund Deposit. Amounts on deposit in the Basis Risk Reserve Fund shall be withdrawn of this Agreement any payments made by the Trustee in connection with any Cap Provider to the Trust Fund for such Distribution Date to fund the amounts required to be distributed to holders of the LIBOR Certificates in with respect of Basis Risk Shortfalls. Any distributions of Monthly Excess Cashflow to the holders of Class X Cap, and the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) Trustee shall be deemed to have been deposited in the Basis Risk Reserve Fund and paid to not treat such holders. On any Distribution Date, any payments as amounts on deposit in the Basis Risk Reserve Fund for purposes of determining the Required Reserve Fund Amount for any Distribution Date. On each Distribution Date the Trustee shall distribute in excess the order of priority and to the extent specified in Section 5.02(f)(iii) of this Agreement the sum of (without duplication) (a) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Basis Risk Cap, (b) any amounts then on deposit in the Basis Risk Reserve Fund, including any earnings thereon, in respect of the Required Basis Risk Cap and (c) the Basis Risk Payment, if any, for such Distribution Date. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Basis Risk Reserve Fund Amount shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv)5.02(f)(iii) of this Agreement shall remain on deposit in the Basis Risk Reserve Fund.
(c) Funds in the Basis Risk Reserve Fund may shall be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this AgreementInvestments. The Class X Certificates Certificate shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and LBH on behalf of the Holders Holder thereof shall direct the Trustee Trustee, in writing writing, as to the investment of amounts on deposit therein. The Trustee LBH shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder be liable for all federal tax purposesany losses incurred on such investments. In the absence of such written direction, all instructions from LBH as to investment of funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates Fund, such funds shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates invested in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereofXxxxx Fargo Prime Money Market Fund Investment Account.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Inv Loan Mort Pass THR Certs Ser 2003-Bc6)
Basis Risk Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders holders of the Class A1, Class A2, Class A3, Class M1, Class M2, Class M3 and Class B Certificates, the a Basis Risk Reserve Fund, into which the Depositor shall deposit $1,000. The Basis Risk Reserve Fund 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 moneys, including including, without limitation, other moneys held by of the Trustee held pursuant to this Agreement.
(b) On the Closing Date, $5,000.00 will be deposited by the Depositor into the Basis Risk Reserve Fund. On each Distribution DateDate on which the Net Excess Spread is less than 0.25%, the Trustee shall transfer the Required Reserve Fund Deposit from the Certificate Account to the Basis Risk Reserve Fund pursuant to Section 4.02(e)(xiii) 5.02(d)(xi). The Trustee shall make withdrawals from the Required Basis Risk Reserve Fund Deposit. Amounts on deposit to make distributions pursuant to Section 5.02(d)(ii).
(c) Funds in the Basis Risk Reserve Fund shall be withdrawn by the Trustee invested in connection with any Distribution Date to fund the Permitted Investments. Any earnings on such amounts required to shall be distributed to holders the related Class X Certificate pursuant to Section 5.02(d)(xii). The Class X Certificate shall evidence ownership of the LIBOR Certificates in respect of Basis Risk ShortfallsReserve Fund for federal income tax purposes and the Holder thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. Any distributions In the absence of Monthly Excess Cashflow written instructions from the Class X Certificateholder as to the holders investment of the LIBOR Certificates pursuant to Sections 4.02(e)(xiii)(A)-(L) shall be deemed to have been deposited funds on deposit in the Basis Risk Reserve Fund and paid to Fund, such holdersfunds shall be invested in the Trustee's Corporate Trust Short Term Investment Fund. On any Distribution Date, any Any amounts on deposit in the Basis Risk Reserve Fund in excess of the Required Basis Risk Reserve Fund Amount Deposit on any Distribution Date shall be distributed to the Class X Certificateholder pursuant to Section 4.02(e)(xv)Certificate on the following Distribution Date.
(cd) Funds in the Basis Risk Reserve Fund may be invested in Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Basis Risk Reserve Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC to the Basis Risk Reserve Fund as distributions to the Class X Certificateholder for all federal tax purposes. In the absence of such written direction, all funds in the Basis Risk Reserve Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 4.06(c) (other than as obligor on any such investments). Upon termination of the Trust Fund, any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed Certificateholder pursuant to Section 4.02(e)(xv) hereof5.02(d)(xii).
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of the LIBOR Certificates equals zero, any amounts on deposit in the Basis Risk Reserve Fund not payable on the LIBOR Certificates shall be deposited into the Certificate Account and distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(e)(xv) hereof.
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Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Cer Se 1999-Bc2)