Basis Risk Reserve Fund. (a) On the Closing Date, the Securities Administrator shall establish and maintain in its name, in trust for the benefit of the holders of the Class 1A-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B, Class 2A-1C, Class X-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 and Class M-10 Certificates, a 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 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 each Distribution Date, other than the Distribution Date following the optional purchase of the Mortgage Loans pursuant to Section 10.01, Net Monthly Excess Cashflow shall be deposited in the Basis Risk Reserve Fund to the extent of the Required Reserve Fund Deposit pursuant to Section 5.01(a)(v)(U). (c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1A-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B, Class 2A-1C, Class X-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 and Class M-10 Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw from the Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date to the Class 1A-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B and Class 2A-1C any related Basis Risk Shortfall for such Distribution Date on a pro rata basis, based on the respective amounts of Basis Risk Shortfalls for such Distribution Date and then sequentially to the Class X-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 and Class M-10 Certificates in that order up to the amount of Basis Risk Shortfalls due each such Class for such Distribution Date. (d) Funds in the Basis Risk Reserve Fund shall be invested in Permitted Investments. Any earnings on amounts in the Basis Risk Reserve Fund shall be for the benefit of the Class C Certificateholders. The Class C Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and the Holders thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. The Class C Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C 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 Upper-Tier REMIC to the Basis Risk Reserve Fund shall be treated as amounts distributed by the Upper-Tier REMIC to the Class C Certificateholders. (e) Upon termination of the Trust Fund any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Class C Certificateholders.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Dsla Mortgage Loan Trust 2006-Ar1), Pooling and Servicing Agreement (Dsla Mortgage Loan Trust 2006-Ar1)
Basis Risk Reserve Fund. (a) On the Closing Date, the Securities Administrator shall establish and maintain in its name, in trust for the benefit of the holders of the Class 1A-1A, Class 1A-1B1A-1, Class 2A-1A, Class 2A-1B, Class 2A-1C, Class X-0, Xxxxx X-0B-1, Class M-3B-2, Class M-4B-3, Class M-5B-4, Class M-6B-5, Class M-7B-6, Class M-8, Class M-9 B-7 and Class M-10 B-8 Certificates, a 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 of the Trustee Securities Administrator held pursuant to this Agreement. The Basis Risk Reserve Fund shall not be an asset of any REMIC established hereby.
(b) On each Distribution Date, other than the Distribution Date following the optional purchase of the Mortgage Loans pursuant to Section 10.01, Net Monthly Excess Cashflow shall be deposited in the Basis Risk Reserve Fund to the extent of the Required Reserve Fund Deposit pursuant to Section 5.01(a)(v)(U5.01(a)(1)(iv)(R).
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1A-1A, Class 1A-1B1A-1, Class 2A-1A, Class 2A-1B, Class 2A-1C, Class X-0, Xxxxx X-0B-1, Class M-3B-2, Class M-4B-3, Class M-5B-4, Class M-6B-5, Class M-7B-6, Class M-8, Class M-9 B-7 and Class M-10 B-8 Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw from the Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date to the Class 1A-1A, Class 1A-1B1A-1, Class 2A-1A, Class 2A-1B and Class 2A-1C any related Basis Risk Shortfall for such Distribution Date on a pro rata basis, based on the respective amounts of Basis Risk Shortfalls for such Distribution Date and then sequentially to the Class X-0, Xxxxx X-0B-1, Class M-3B-2, Class M-4B-3, Class M-5B-4, Class M-6B-5, Class M-7B-6, Class M-8, Class M-9 B-7 and Class M-10 B-8 Certificates in that order up to the amount of Basis Risk Shortfalls due each such Class for such Distribution Date.
(d) Funds in the Basis Risk Reserve Fund shall be invested in Permitted Investments. Any earnings on amounts in the Basis Risk Reserve Fund shall be for the benefit of the Class C Certificateholders. The Class C Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and the Holders thereof shall direct the TrusteeSecurities Administrator, in writing, as to investment of amounts on deposit therein. The Class C Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C 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. Wxxxx Fargo Advantage Prime Investment Money Market Fund. For all Federal income tax purposes, amounts transferred by the Upper-Tier REMIC to the Basis Risk Reserve Fund shall be treated as amounts distributed by the Upper-Tier REMIC to the Class C Certificateholders.
(e) Upon termination of the Trust Fund any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Class C Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Harborview 2006-8)
Basis Risk Reserve Fund. (a) On the Closing Date, the Securities Administrator shall establish and maintain in its name, in trust for the benefit of the holders of the Class 1A-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B, Class 2A-1C, Class X-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 M-5 and Class M-10 M-6 Certificates, a 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 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 each Distribution Date, other than the Distribution Date following the optional purchase of the Mortgage Loans pursuant to Section 10.01, Net Monthly Excess Cashflow shall be deposited in the Basis Risk Reserve Fund to the extent of the Required Reserve Fund Deposit pursuant to Section 5.01(a)(v)(U5.01(a)(1)(iv)(O).
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1A-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B, Class 2A-1C, Class X-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 M-5 and Class M-10 M-6 Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the related Yield Maintenance Account, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05, and then from Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date to the Class 1A-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B and Class 2A-1C any related Basis Risk Shortfall for such Distribution Date on a pro rata basis, based on the respective amounts of Basis Risk Shortfalls for such Distribution Date remaining unpaid after application of funds in the related Yield Maintenance Account and then sequentially to the Class X-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 M-5 and Class M-10 M-6 Certificates in that order up to the amount of Basis Risk Shortfalls due each such Class for such Distribution Date.
(d) Funds in the Basis Risk Reserve Fund shall be invested in Permitted Investments. Any earnings on amounts in the Basis Risk Reserve Fund shall be for the benefit of the Class C Certificateholders. The Class C Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and the Holders thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. The Class C Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C 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 Upper-Tier REMIC to the Basis Risk Reserve Fund shall be treated as amounts distributed by the Upper-Tier REMIC to the Class C Certificateholders.
(e) Upon termination of the Trust Fund any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Class C Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2005-Ar6)
Basis Risk Reserve Fund. (a) On the Closing Date, the Securities Administrator shall establish and maintain in its name, in trust for the benefit of the holders of the Class 1A-1A, Class 1A-1B1A, Class 2A-1A, Class 2A-1B, Class 2A-1C, Class X-0, Xxxxx X-0B-1, Class M-3B-2, Class M-4B-3, Class M-5B-4, Class M-6B-5, Class M-7, Class M-8, Class M-9 B-6 and Class M-10 B-7 Certificates, a 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 of the Trustee Securities Administrator held pursuant to this Agreement. The Basis Risk Reserve Fund shall not be an asset of any REMIC established hereby.
(b) On each Distribution Date, other than the Distribution Date following the optional purchase of the Mortgage Loans pursuant to Section 10.01, Net Monthly Excess Cashflow shall be deposited in the Basis Risk Reserve Fund to the extent of the Required Reserve Fund Deposit pursuant to Section 5.01(a)(v)(U5.01(a)(1)(iv)(Q).
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1A-1A, Class 1A-1B1A, Class 2A-1A, Class 2A-1B, Class 2A-1C, Class X-0, Xxxxx X-0B-1, Class M-3B-2, Class M-4B-3, Class M-5B-4, Class M-6B-5, Class M-7, Class M-8, Class M-9 B-6 and Class M-10 B-7 Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw (i) first, from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for such Classes of Certificates for distribution on such Distribution Date pursuant to Section 4.04 and Section 5.01(a)(1)(v), and (ii) second, from the Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date to the Class 1A-1A, Class 1A-1B1A, Class 2A-1A, Class 2A-1B and Class 2A-1C any related Basis Risk Shortfall for such Distribution Date on a pro rata basis, based on the respective amounts of Basis Risk Shortfalls for such Distribution Date and then sequentially to the Class X-0, Xxxxx X-0B-1, Class M-3B-2, Class M-4B-3, Class M-5B-4, Class M-6B-5, Class M-7, Class M-8, Class M-9 B-6 and Class M-10 B-7 Certificates in that order up to the amount of Basis Risk Shortfalls due each such Class for such Distribution Date.
(d) Funds in the Basis Risk Reserve Fund shall be invested in Permitted Investments. Any earnings on amounts in the Basis Risk Reserve Fund shall be for the benefit of the Class C Certificateholders. The Class C Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and the Holders thereof shall direct the TrusteeSecurities Administrator, in writing, as to investment of amounts on deposit therein. The Class C Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C 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. Xxxxx Fargo Advantage Prime Investment Money Market Fund. For all Federal income tax purposes, amounts transferred by the Upper-Tier REMIC to the Basis Risk Reserve Fund shall be treated as amounts distributed by the Upper-Tier REMIC to the Class C Certificateholders.
(e) Upon termination of the Trust Fund any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Class C Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Harborview 2006-7)
Basis Risk Reserve Fund. (a) On the Closing Date, the Securities Administrator shall establish and maintain in its namea Basis Risk Reserve Fund entitled “Basis Risk Reserve Fund, Xxxxx Fargo Bank, N.A., as Securities Administrator, on behalf of Deutsche Bank National Trust Company, as Trustee, in trust for the benefit registered Holders of the holders of the Class 1A-1ADSLA Mortgage Loan Trust, Class 1A-1B, Class 2A-1A, Class 2A-1B, Class 2A-1C, Class X-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 and Class M-10 Mortgage Loan Pass-Through Certificates, a Basis Risk Reserve Fund. Series 2006-AR2.” 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 of the Trustee Securities Administrator held pursuant to this Agreement. The Basis Risk Reserve Fund shall not be an asset of any REMIC established hereby.
(b) On each Distribution Date, other than the Distribution Date following the optional purchase of the Mortgage Loans pursuant to Section 10.01, Net Monthly Excess Cashflow shall be deposited in the Basis Risk Reserve Fund to the extent of the Required Reserve Fund Deposit pursuant to Section 5.01(a)(v)(U5.01(a)(1)(iv)(Q).
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1A-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B2A-1B1, Class 2A-1B2, Class 2A-1B3, Class 2A-1C, Class X-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 M-6 and Class M-10 M-7 Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw from the Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date to the Class 1A-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B 2A-1B1, Class 2A-1B2, Class 2A-1B3 and Class 2A-1C any related Basis Risk Shortfall for such Distribution Date on a pro rata basis, based on the respective amounts of Basis Risk Shortfalls for such Distribution Date and then sequentially to the Class X-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 M-6 and Class M-10 M-7 Certificates in that order up to the amount of Basis Risk Shortfalls due each such Class for such Distribution Date.
(d) Funds in the Basis Risk Reserve Fund shall be invested in Permitted Investments. Any earnings on amounts in the Basis Risk Reserve Fund shall be for the benefit of the Class C Certificateholders. The Class C Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and the Holders thereof shall direct the TrusteeSecurities Administrator, in writing, as to investment of amounts on deposit therein. The Class C Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C 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. Xxxxx Fargo Advantage Prime Investment Money Market Fund. For all Federal income tax purposes, amounts transferred by the Upper-Tier REMIC to the Basis Risk Reserve Fund shall be treated as amounts distributed by the Upper-Tier REMIC to the Class C Certificateholders.
(e) Upon termination of the Trust Fund any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Class C Certificateholders.
Appears in 1 contract
Basis Risk Reserve Fund. (a) On the Closing Date, the Securities Administrator Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Class 1A-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B2A-1B1, Class 2A-1C2A-1B2, Class X-0, Xxxxx X-02A-1C1, Class M-32A-1C2, Class M-4B-1, Class M-5B-2, Class M-6B-3, Class M-7B-4, Class M-8B-5, Class M-9 B-6 and Class M-10 B-7 Certificates, a 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 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 each Distribution Date, other than the Distribution Date following the optional purchase of the Mortgage Loans pursuant to Section 10.01, Net Monthly Excess Cashflow shall be deposited in the Basis Risk Reserve Fund to the extent of the Required Reserve Fund Deposit pursuant to Section 5.01(a)(v)(U5.01(a)(iv)(J).
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1A-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B2A-1B1, Class 2A-1C2A-1B2, Class X-0, Xxxxx X-02A-1C1, Class M-32A-1C2, Class M-4B-1, Class M-5B-2, Class M-6B-3, Class M-7B-4, Class M-8B-5, Class M-9 and B-6 or Class M-10 B-7 Certificates, the Securities AdministratorTrustee, as Paying Agent for the Trustee, shall withdraw (i) first, from the Class 2A-1C2 Yield Maintenance Account, the amount of such Basis Risk Shortfall for the Class 2A-1C2 Certificates for distribution to the Class 2A-1C2 Certificates on such Distribution Date pursuant to Section 5.01(i), (ii) second, from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for such Classes of Certificates for distribution on such Distribution Date pursuant to Section 5.01(h), and (iii) third, from the Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date to the Class 1A-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B 2A-1B1, Class 2A-1B2, Class 2A-1C1 and Class 2A-1C 2A-1C2 Certificates any related Basis Risk Shortfall for such Distribution Date on a pro rata basis, based on the respective amounts of Basis Risk Shortfalls for such Distribution Date and then sequentially to the Class X-0, Xxxxx X-0B-1, Class M-3B-2, Class M-4B-3, Class M-5B-4, Class M-6B-5, Class M-7, Class M-8, Class M-9 B-6 and Class M-10 B-7 Certificates in that order up to the amount of Basis Risk Shortfalls due each such Class for such Distribution Date.
(d) Funds in the Basis Risk Reserve Fund shall be invested in Permitted Investments. Any earnings on amounts in the Basis Risk Reserve Fund shall be for the benefit of the Class C Certificateholders. The Class C Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and the Holders thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. The Class C Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholder as to investment of funds on deposit in the Basis Risk Reserve Fund, such funds shall be invested in money market funds as specified by the Depositor and as described in clause (vi) of the definition of Permitted Investments in Article I. For all Federal income tax purposes, amounts transferred by the Upper-Tier REMIC to the Basis Risk Reserve Fund shall be treated as amounts distributed by the Upper-Tier REMIC to the Class C Certificateholders.
(e) Upon termination of the Trust Fund any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Class C Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Harborview 2006-9)
Basis Risk Reserve Fund. (a) On the Closing Date, the Securities Administrator Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Class 1A-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B, Class 2A-1C, Class X-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 and Class M-10 (i) the Group 1 LIBOR Certificates, a the Group 1 Basis Risk Reserve Fund, (ii) the Class 2-A1A and Class 2-A1B Certificates, the Group 2-A1 Basis Risk Reserve Fund, (iii) the Class 2-A2A, Class 2-A2B, Class 2-A2 and Class 2-A3 Certificates, the Group 2-A2 Basis Risk Reserve Fund and (iv) the Class 2-B1, Class 2-B2, Class 2-B3, Class 2-B4, Class 2-B5, Class 2-B6 and Class 2-B7 Certificates, the Group 2-B Basis Risk Reserve Fund; the Depositor shall deposit $68,000.00 into the Group 1 Basis Risk Reserve Fund, $305,000.00 into the Group 2-A1 Basis Risk Reserve Fund, $660,000.00 into the Group 2-A2 Basis Risk Reserve Fund and $875,000.00 into the Group 2-B Basis Risk Reserve Fund, which amounts are intended to cover the amount of Basis Risk Shortfalls on the related Certificates, if any, on the first, second and third Distribution Dates. The On the third Distribution Date after the Closing Date, any interest accrued on such initial deposit and any amounts remaining from such initial deposit will be distributed to the Seller. Each of the Group 1 Basis Risk Reserve Fund, Group 2-A1 Basis Risk Reserve Fund, Group 2-A2 Basis Risk Reserve Fund and Group 2-B 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 of the Trustee held pursuant to this Agreement. The None of the Group 1 Basis Risk Reserve Fund, Group 2-A1 Basis Risk Reserve Fund, Group 2-A2 Basis Risk Reserve Fund or Group 2-B Basis Risk Reserve Fund shall not be an asset of any REMIC established hereby.
(bi) On each Distribution Date, other than the Distribution Date following Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the optional purchase of the Mortgage Loans pursuant to Section 10.01, Net Monthly Excess Cashflow Class 1-X Certificates shall instead be deposited in the Group 1 Basis Risk Reserve Fund to the extent of the 1-X Required Reserve Fund Deposit pursuant to Section 5.01(a)(v)(U)Deposit.
(cii) On each Distribution Date, the Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the Class 2-XA1 Certificates shall instead be deposited in the Group 2-A1 Basis Risk Reserve Fund to the extent of the 2-XA1 Required Reserve Fund Deposit.
(iii) On each Distribution Date, the Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the Class 2-XA2 Certificates shall instead be deposited in the Group 2-A2 Basis Risk Reserve Fund to the extent of the 2-XA2 Required Reserve Fund Deposit.
(iv) On each Distribution Date, the Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the Class 2-XB Certificates shall instead be deposited in the Group 2-B Basis Risk Reserve Fund to the extent of the 2-XB Required Reserve Fund Deposit.
(i) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1A-1A1-A1A, Class 1A-1B1-A1B, Class 2A-1A1-A2A, Class 2A-1B, Class 2A-1C, Class X-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 1-A2B and Class M-10 1-A2C Certificates, the Securities Administrator, as Paying Agent for the Trustee, Trustee shall withdraw first from the Basis Risk Reserve FundYield Maintenance Account, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.04 and Section 5.01(a)(i)(B), and then from Group 1 Basis Risk Reserve Fund the Class 1A-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B and Class 2A-1C amount of any related remaining Basis Risk Shortfall for such Classes of Certificates, pursuant to Section 5.01(a)(i)(B); provided, however, that on each of the first three Distribution Dates amounts initially deposit made by the Depositor into the Group 1 Basis Risk Reserve Fund shall be used to cover the amount of Basis Risk Shortfalls on the Class 1-A1A, Class 1-A1B, Class 1-A2A, Class 1-A2B and Class 1-A2C Certificates before amounts deposited in respect of the 1-X Required Reserve Fund Deposit. If on any Distribution Date the amount on deposit in the Group 1 Basis Risk Reserve Fund is not sufficient to make a full distribution of the Basis Risk Shortfall with respect to the Class 1-A1A, Class 1-A1B, Class 1-A2A, Class 1-A2B and Class 1-A2C Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Trustee shall withdraw the entire amount on deposit in the Group 1 Basis Risk Reserve Fund and distribute such amount to such Classes of Certificates on a pro rata basis. On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1-B1, based Class 1-B2, Class 1-B3, Class 1-B4, Class 1-B5, Class 1-B6, Class 1-B7, Class 1-B8, Class 1-B9, Class 1-B10, Class 1-B11 and Class 1-B12 Certificates, the Trustee, after making the distributions described in the immediately preceding paragraph to the Class 1-A1A, Class 1-A1B, Class 1-A2A, Class 1-A2B and Class 1-A2C Certificates, distribute the lesser of any amounts remaining on deposit in the respective amounts Group 1 Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class 1-B1, Class 1-B2, Class 1-B3, Class 1-B4, Class 1-B5, Class 1-B6, Class 1-B7, Class 1-B8, Class 1-B9, Class 1-B10, Class 1-B11 and Class 1-B12 Certificates, sequentially, in that order. Funds remaining in the Group 1 Basis Risk Reserve Fund on any Distribution Date after funding the payment of Basis Risk Shortfalls for such Distribution Date and then sequentially will be allocated to the Class X-01-X Certificates, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 and Class M-10 Certificates in that order up to the amount of Basis Risk Shortfalls due each such Class the 1-X Required Reserve Fund Deposit for such Distribution Date.
(dii) Funds in On any Distribution Date for which a Basis Risk Shortfall exists with respect to the and Class 2-A1A and Class 2-A1B Certificates, the Trustee shall withdraw from Group 2-A1 Basis Risk Reserve Fund the amount of any Basis Risk Shortfall for such Classes of Certificates, pursuant to Section 5.01(a)(ii)(B); provided, however, that on each of the first three Distribution Dates amounts initially deposit made by the Depositor into the Group 2-A1 Basis Risk Reserve Fund shall be invested used to cover the amount of Basis Risk Shortfalls on the Class 2-A1A and Class 2-A1B Certificates before amounts deposited in Permitted Investmentsrespect of the 2-XA1 Required Reserve Fund Deposit. Any earnings If on amounts any Distribution Date the amount on deposit in the Group 2-A1 Basis Risk Reserve Fund is not sufficient to make a full distribution of the Basis Risk Shortfall with respect to the Class 2-A1A and Class 2-A1B Certificates, the Trustee shall withdraw the entire amount on deposit in the Group 2-A1 Basis Risk Reserve Fund and distribute such amount to such Classes of Certificates on a pro rata basis. Funds remaining in the Group 2-A1 Basis Risk Reserve Fund on any Distribution Date after funding the payment of Basis Risk Shortfalls for such Distribution Date will be allocated to the Class 2-XA1 Certificates, up to the amount of the 2-XA1 Required Reserve Fund Deposit for such Distribution Date.
(iii) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the and Class 2-A2A, Class 2-A2B, Class 2-A2 and Class 2-A3 Certificates, the Trustee shall withdraw from Group 2-A2 Basis Risk Reserve Fund the amount of any Basis Risk Shortfall for such Classes of Certificates, pursuant to Section 5.01(a)(ii)(B); provided, however, that on each of the first three Distribution Dates amounts initially deposit made by the Depositor into the Group 1 Basis Risk Reserve Fund shall be for used to cover the benefit amount of Basis Risk Shortfalls on the Class 2-A2A, Class 2-A2B, Class 2-A2 and Class 2-A3 Certificates before amounts deposited in respect of the Class C Certificateholders2-XA2 Required Reserve Fund Deposit. The Class C Certificates shall evidence ownership If on any Distribution Date the amount on deposit in the Group 2-A2 Basis Risk Reserve Fund is not sufficient to make a full distribution of the Basis Risk Reserve Fund for federal income tax purposes and the Holders thereof shall direct the Trustee, in writing, as Shortfall with respect to investment of amounts on deposit therein. The Class C Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholder as to investment of funds 2-A2A, Class 2-A2B, Class 2-A2 and Class 2-A3 Certificates, the Trustee shall withdraw the entire amount 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 UpperGroup 2-Tier REMIC to the A2 Basis Risk Reserve Fund shall be treated as amounts distributed by the Upper-Tier REMIC and distribute such amount to the Class C Certificateholders.
(e) Upon termination such Classes of the Trust Fund any amounts Certificates on a pro rata basis. Funds remaining in the Group 2-A2 Basis Risk Reserve Fund shall on any Distribution Date after funding the payment of Basis Risk Shortfalls for such Distribution Date will be distributed allocated to the Class C Certificateholders2-XA2 Certificates, up to the amount of the 2-XA2 Required Reserve Fund Deposit for such Distribution Date.
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Samples: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)
Basis Risk Reserve Fund. (a) On the Closing Date, the Securities Administrator shall establish and maintain in its name, in trust for the benefit of the holders of the Class 1A-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B, Class 2A-1C, Class X-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, M-8 and Class M-9 and Class M-10 Certificates, a 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 of the Trustee Securities Administrator held pursuant to this Agreement. The Basis Risk Reserve Fund shall not be an asset of any REMIC established hereby.
(b) On each Distribution Date, other than the Distribution Date following the optional purchase of the Mortgage Loans pursuant to Section 10.01, Net Monthly Excess Cashflow shall be deposited in the Basis Risk Reserve Fund to the extent of the Required Reserve Fund Deposit pursuant to Section 5.01(a)(v)(U5.01(a)(1)(v)(U).
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1A-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B, Class 2A-1C, Class X-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, M-8 and Class M-9 and Class M-10 Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw from the Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date to the Class 1A-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B and Class 2A-1C any related Basis Risk Shortfall for such Distribution Date on a pro rata basis, based on the respective amounts of Basis Risk Shortfalls for such Distribution Date and then sequentially to the Class X-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, M-8 and Class M-9 and Class M-10 Certificates in that order up to the amount of Basis Risk Shortfalls due each such Class for such Distribution Date.
(d) Funds in the Basis Risk Reserve Fund shall be invested in Permitted Investments. Any earnings on amounts in the Basis Risk Reserve Fund shall be for the benefit of the Class C Certificateholders. The Class C Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and the Holders thereof shall direct the TrusteeSecurities Administrator, in writing, as to investment of amounts on deposit therein. The Class C Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C 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. Xxxxx Fargo Advantage Prime Investment Money Market Fund. For all Federal income tax purposes, amounts transferred by the Upper-Tier REMIC to the Basis Risk Reserve Fund shall be treated as amounts distributed by the Upper-Tier REMIC to the Class C Certificateholders.
(e) Upon termination of the Trust Fund any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Class C Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Harborview 2006-Bu1)
Basis Risk Reserve Fund. (a) On the Closing Date, the Securities Administrator shall establish and maintain in its name, in trust for the benefit of the holders of the Class 1A-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B, Class 2A-1C, Class X-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, M-8 and Class M-9 and Class M-10 Certificates, a 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 of the Trustee Securities Administrator held pursuant to this Agreement. The Basis Risk Reserve Fund shall not be an asset of any REMIC established hereby.
(b) On each Distribution Date, other than the Distribution Date following the optional purchase of the Mortgage Loans pursuant to Section 10.01, Net Monthly Excess Cashflow shall be deposited in the Basis Risk Reserve Fund to the extent of the Required Reserve Fund Deposit pursuant to Section 5.01(a)(v)(U5.01 (a)(iv)(F).
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1A-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B, Class 2A-1C, Class X-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, M-8 and Class M-9 and Class M-10 Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw from the Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to the Class 1A-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B and Class 2A-1C any related Basis Risk Shortfall for such Distribution Date on a pro rata basis, based on the respective amounts of Basis Risk Shortfalls for such Distribution Date and then sequentially to the Class X-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 and Class M-10 Certificates in that order up to the amount of Basis Risk Shortfalls due each such Class for such Distribution Datesection 5.01 (a)(iv)(F).
(d) Funds in the Basis Risk Reserve Fund shall be invested in Permitted Investments. Any earnings on amounts in the Basis Risk Reserve Fund shall be for the benefit of the Class C Certificateholders. The Class C Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and the Holders thereof shall direct the TrusteeSecurities Administrator, in writing, as to investment of amounts on deposit therein. The Class C Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C 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. Xxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested. For all Federal income tax purposes, amounts transferred by the Upper-Tier REMIC to the Basis Risk Reserve Fund shall be treated as amounts distributed by the Upper-Tier REMIC to the Class C Certificateholders.
(e) Upon termination of the Trust Fund any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Class C Certificateholders.
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Basis Risk Reserve Fund. (a) On the Closing Date, the Securities Administrator Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Class 1A-1AA-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B, Class 2A-1C, Class X-0A-0X, Xxxxx X-0, Class M-2, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 M-6 and Class M-10 M-7 Certificates, a 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 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 each Distribution Date, other than the Distribution Date following the optional purchase of the Mortgage Loans pursuant to Section 10.01, Net Monthly Excess Cashflow shall be deposited in the Basis Risk Reserve Fund to the extent of the Required Reserve Fund Deposit pursuant to Section 5.01(a)(v)(U5.01(a)(iv)(F).
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1A-1AA-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B, Class 2A-1C, Class X-0A-0X, Xxxxx X-0, Class M-2, Class M-3, Class M-4, Class M-5, Class M-6, M-6 or Class M-7, Class M-8, Class M-9 and Class M-10 M-7 Certificates, the Securities AdministratorTrustee, as Paying Agent for the Trustee, shall withdraw (i) first, from the Basis Risk Reserve Fund, the amount of such Basis Risk Shortfall for such Classes of Certificates for distribution on such Distribution Date pursuant to Section 5.01(f), and (ii) second, from the Yield Maintenance Account, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date to the Class 1A-1A, Class 1A-1B, Class 2A-1A, Class 2A-1B A-1A and Class 2A-1C A-1B Certificates any related Basis Risk Shortfall for such Distribution Date on a pro rata basis, based on the respective amounts of Basis Risk Shortfalls for such Distribution Date and then sequentially to the Class X-0M-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 M-6 and Class M-10 M-7 Certificates in that order up to the amount of Basis Risk Shortfalls due each such Class for such Distribution Date.
(d) Funds in the Basis Risk Reserve Fund shall be invested in Permitted Investments. Any earnings on amounts in the Basis Risk Reserve Fund shall be for the benefit of the Class C Certificateholders. The Class C Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and the Holders thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. The Class C Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholder as to investment of funds on deposit in the Basis Risk Reserve Fund, such funds shall be invested in money market funds as specified by the Depositor and as described in clause (vi) of the definition of Permitted Investments in Article I. For all Federal income tax purposes, amounts transferred by the Upper-Tier REMIC to the Basis Risk Reserve Fund shall be treated as amounts distributed by the Upper-Tier REMIC to the Class C Certificateholders.
(e) Upon termination of the Trust Fund any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Class C Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HarborView 2006-Sb1)