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 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A, Class 2-A2B, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-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, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 Certificates shall 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 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v), and then from Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on any Distribution Date the amount on deposit in the 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 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount on deposit in the 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that order. (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 X-2 Certificateholders. The Class X-2 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 X-2 Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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 X-2 Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar4)
Basis Risk Reserve Fund. (a) On the Closing Date, the Securities Administrator shall establish and maintain in its namename a Basis Risk Reserve Fund, which will be comprised of two subaccounts: the “Basis Risk Reserve Fund X-1 Subaccount” and the “Basis Risk Reserve Fund X-2 Subaccount” (each, a “Subaccount”). Basis Risk Reserve Fund X-1 Subaccount will be held in trust for the benefit of the Holders of the Class 1-A, Class 2-A, Class B-1, Class B-2 and Class B-3 Certificates and Basis Risk Reserve Fund X-2 Subaccount will be held in trust for the benefit of the Holders of the Class 3-A Certificates. The Basis Risk Reserve Fund will not be an asset of any REMIC. Amounts on deposit in the related Subaccount of the Basis Risk Reserve Fund will be the sole source of payments to the holders of the Class 1-A1AA, Class 2-A1AA, Class 23-A1B, Class 2-A2A, Class 2-A2BA, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 B-2 and Class B-6 Certificates, a B-3 Certificates with respect to any Basis Risk Reserve Fund. The Basis Risk Reserve Fund shall be an Eligible Account, and funds Shortfalls 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 herebysuch certificates.
(b) On each Distribution Date, (i) Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component Class X-1 Certificates shall instead be deposited in the Basis Risk Reserve Fund X-1 Subaccount to the extent of the applicable Required Reserve Fund Deposit and (ii) Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the Class X-2 Certificates shall instead be deposited in the Basis Risk Reserve Fund X-2 Subaccount to the extent of the applicable Required Reserve Fund Deposit.
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1-A1AA, Class 2-A1AA, Class 23-A1BA, Class 2-A2A and B-1, Class 2-A2B B-2 or Class B-3 Certificates, the Securities Administrator, as Paying Agent for the Trustee, Administrator shall withdraw first from the Yield Maintenance Account, related Subaccount of the Basis Risk Reserve Fund the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v5.02(i), and then from Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on any Distribution Date the amount on deposit in the 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 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount on deposit in the 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that order.
(d) Funds in the Basis Risk Reserve Fund shall be invested in Permitted Investments. Any earnings on amounts in a Subaccount of the Basis Risk Reserve Fund shall be for the benefit of the Class X-1 or Class X-2 Certificateholders, as applicable. The Class X-1 and Class X-2 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 X-1 or Class X-2 Certificateholder(s) ), as applicable, shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-1 or Class X-2 Certificateholder Certificateholder, as applicable, as to investment of funds on deposit in the related Subaccount of 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 X-1 or Class X-2 Certificateholders, as applicable.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-4)
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 Class A-II Certificateholders, the Class 1A-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A, Class 2-A2B, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, a II Basis Risk Reserve Fund (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 held by the Trustee held pursuant to this Agreement. The Basis Risk Reserve Fund shall be treated as an "outside reserve fund" under applicable Treasury regulations and will not be an asset part of any REMIC established herebyREMIC. Distributions made to any outside reserve fund under this document shall be treated as made to, and any investment earnings on the Basis Risk Reserve Fund will be treated as owned by, the Class SB-I and Class SB-II Certificateholders (in the same proportions as amounts have been contributed to such Funds under Sections 4.02(d)(i) and 4.02(d)(ii), respectively).
(b) On each Distribution Date, Monthly Interest Distributable Amounts that would otherwise the Trustee shall deposit amounts from the Loan Group I and Group II Excess Cashflow to the Basis Risk Reserve Fund pursuant to Section 4.02(d)(i) and (ii). The amount required to be distributable deposited into the Basis Risk Reserve Fund on the first Distribution Date will equal the Initial Class A-II Basis Risk Reserve Deposit and on any other Distribution Date will be an amount (the "Basis Risk Fund Deposit") equal to any Class A-II Basis Risk Shortfall for such Distribution Date and Class A-II Basis Risk Shortfalls remaining unpaid with respect to prior Distribution Dates, together with interest thereon at the X-2 IO Component of then applicable Pass-Through Rate for the Class X-2 Certificates shall instead be deposited A-II Certificates, as well as an amount such that when added to amounts remaining on deposit 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 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for distribution after distributions 104 therefrom on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v), and then from Basis Risk Reserve FundDate, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on any Distribution Date the aggregate amount on deposit in the Basis Risk Reserve Fund is not sufficient equal to $10,000. The Trustee shall make a full distribution of the Basis Risk Shortfall with respect to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount on deposit in withdrawals from the Basis Risk Reserve Fund to make distributions pursuant to Section 4.02(d)(i) 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that order(ii) hereof.
(dc) Funds in the Basis Risk Reserve Fund shall may be invested in Permitted Investments. Any earnings on such amounts shall be payable to the Class SB-I and Class SB-II Certificates (in the same proportions as amounts have been contributed to such Funds under Sections 4.02(d)(i) and 4.02(d)(ii), respectively). The Class SB-I and Class SB-II Certificates shall evidence ownership of the Class A-II Basis Risk Reserve Fund for federal tax purposes as described in (a) above and shall direct the Trustee in writing as to the investment of amounts therein.
(d) Upon termination of the Trust, any amounts remaining in the Class A-II Basis Risk Reserve Fund shall be for distributed to the benefit Certificateholders of the Class X-2 Certificateholders. The SB-I and Class X-2 SB-II 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 X-2 Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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 same proportions as amounts distributed by the Upper-Tier REMIC have been contributed to the Class X-2 Certificateholderssuch Funds under Sections 4.02(d)(i) and 4.02(d)(ii), respectively).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Residential Asset Securities Corp)
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 Class A-II Certificateholders, the Class 1A-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A, Class 2-A2B, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, a II Basis Risk Reserve Fund (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 held by the Trustee held pursuant to this Agreement. The Basis Risk Reserve Fund shall be treated as an "outside reserve fund" under applicable Treasury regulations and will not be an asset part of any REMIC established hereby.REMIC. Distributions made to any outside reserve fund under this document shall be treated as made to, and any investment earnings on the Basis Risk Reserve Fund will be treated as owned by, the Class SB-I and Class SB-II Certificateholders (in the same proportions as amounts have been contributed to such Funds under Sections 4.02(d)(i) and 4.02(d)(ii), respectively). 104
(b) On each Distribution Date, Monthly Interest Distributable Amounts that would otherwise the Trustee shall deposit amounts from the Loan Group I and Group II Excess Cashflow to the Basis Risk Reserve Fund pursuant to Section 4.02(d)(i) and (ii). The amount required to be distributable deposited into the Basis Risk Reserve Fund on the first Distribution Date will equal the Initial Class A-II Basis Risk Reserve Deposit and on any other Distribution Date will be an amount (the "Basis Risk Fund Deposit") equal to any Class A-II Basis Risk Shortfall for such Distribution Date and Class A-II Basis Risk Shortfalls remaining unpaid with respect to prior Distribution Dates, together with interest thereon at the X-2 IO Component of then applicable Pass-Through Rate for the Class X-2 Certificates shall instead be deposited A-II Certificates, as well as an amount such that when added to amounts remaining on deposit 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 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for distribution after distributions therefrom on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v), and then from Basis Risk Reserve FundDate, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on any Distribution Date the aggregate amount on deposit in the Basis Risk Reserve Fund is not sufficient equal to $10,000. The Trustee shall make a full distribution of the Basis Risk Shortfall with respect to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount on deposit in withdrawals from the Basis Risk Reserve Fund to make distributions pursuant to Section 4.02(d)(i) 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that order(ii) hereof.
(dc) Funds in the Basis Risk Reserve Fund shall may be invested in Permitted Investments. Any earnings on such amounts shall be payable to the Class SB-I and Class SB-II Certificates (in the Basis Risk Reserve Fund shall be for the benefit of the Class X-2 Certificateholderssame proportions as amounts have been contributed to such Funds under Sections 4.02(d)(i) and 4.02(d)(ii), respectively). The Class X-2 SB-I and Class SB-II Certificates shall evidence ownership of the Class A-II Basis Risk Reserve Fund for federal income tax purposes as described in (a) above and the Holders thereof shall direct the Trustee, Trustee in writing, writing as to the investment of amounts on deposit therein. The Class X-2 Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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 X-2 Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Residential Asset Securities Corp)
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 1-A1A1A-1A, Class 2-A1A2A-1A, Class 2-A1B2A-1B, Class 2-A2A, Class 2-A2B2A-1C, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 B-5, Class B-6, Class B-7 and Class B-6 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, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to other than the X-2 IO Component Distribution Date following the optional purchase of the Class X-2 Certificates Mortgage Loans pursuant to Section 10.01, Net Monthly Excess Cashflow shall instead be deposited in the Basis Risk Reserve Fund to the extent of the Required Reserve Fund DepositDeposit pursuant to Section 5.01 (a)(iv)(F).
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1-A1A1A-1A, Class 2-A1A2A-1A, Class 2-A1B2A-1B, Class 2-A2A 2A-1C, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5, Class B-6, Class B-7 and Class 2-A2B B-8 Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance AccountBasis Risk Reserve Fund, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(vsection 5.01 (a)(iv)(F), and then from Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on any Distribution Date the amount on deposit in the 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 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount on deposit in the 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that order.
(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 X-2 C Certificateholders. The Class X-2 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 X-2 C Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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 X-2 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 2007-2)
Basis Risk Reserve Fund. (a) On the Closing Date, the Securities Administrator shall establish and maintain in its the Trustee's name, in trust for the benefit of the holders of the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A, Class 2-A2B, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 LIBOR Certificates and Class B-6 the Interest Only Certificates, a Basis Risk Reserve Fund, into which the Depositor shall deposit $10,000. 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, 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) The Basis Risk Reserve Fund will be comprised of two Sub-accounts: the "Class X-1 Sub-account," and the "Class X-B Sub-account." On each Distribution Date, Monthly Current Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 X1A, Class 1B and Class X-B Certificates shall instead be deposited in the Basis Risk Reserve Fund Sub-account with the same numerical designation as such Class (or alphabetical designation in the case of the Class X-B Certificates) to the extent of the applicable Class X-1 Required Reserve Fund Basis Risk Deposit or Class X-B Required Basis Risk Deposit.
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B 1A Certificates, the Securities Administrator, as Paying Agent for the Trustee, Administrator shall withdraw first from the Yield Maintenance Account, Class X-1 Sub-account the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v5.02(f), and then from Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on any Distribution Date the amount on deposit in the 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 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount on deposit in the Basis Risk Reserve Fund and distribute such amount to such Classes of Certificates on a pro rata basis. .
(d) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 B-1 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to Administrator shall withdraw from the Class 1X-A1A, Class 2B Sub-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, distribute account the lesser amount of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall for distribution on such Distribution Date pursuant to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that orderSection 5.02(f).
(de) Funds in each of the Basis Risk Reserve Fund Class X-1 Sub-account and Class X-B Sub-account shall be invested in Permitted Investments. Any earnings on amounts in the Basis Risk Reserve Fund Class X-1 Sub-account shall be for the benefit of the Class X-2 X-1A and Class X-1B Certificateholders and any earnings on amounts in the Class X-B Sub-account shall be for the benefit of the Class X-B Certificateholders. The Class X-2 Interest-Only Certificates shall evidence ownership of the Basis Risk Reserve Fund related Sub-account 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 X-2 applicable Interest-Only Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 applicable Interest-Only Certificateholder as to investment of funds on deposit in the Basis Risk Reserve Fundrelated Sub-account, such funds shall be invested in money market funds as described in clause paragraph (viix) 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 X-2 applicable Interest-Only Certificateholders.
(f) Upon termination of the Trust Fund any amounts remaining in the related Sub-account shall be distributed to the applicable Interest-Only Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Sequoia Residential Funding 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 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A, Class 2-A2B, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 LIBOR Certificates, a Basis Risk Reserve Fund; the “Basis Risk Reserve Fund.” The Basis Risk Reserve Fund will be held in trust by the Securities Administrator on behalf of the holders of the Class B-1, Class B-2 and Class B-3 Certificates. 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, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 X Certificates shall 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 1-A1AB-1, Class 2-A1A, Class 2-A1B, Class 2-A2A B-2 and Class 2-A2B B-3 Certificates, the Securities Administrator, as Paying Agent for the TrusteeAgent, shall withdraw first (i) first, with regard to the Class B-1, Class B-2 and Class B-3 Certificates, 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 Section 5.01(a)(v), and then from Basis Risk Reserve Fund, the amount Classes of any such remaining Basis Risk Shortfall Certificates for distribution on such Distribution Date pursuant to Section 5.01(a)(iv4.04 and Section 5.01(a)(v), and then from the Basis Risk Reserve Fund the amount of any remaining Basis Risk Shortfall for such Classes of Certificates, pursuant to Section 5.01(a)(v). If on any Distribution Date the amount on deposit in the Basis Risk Reserve Fund is not sufficient to make a full distribution of the Basis Risk Shortfall with respect to the Class 1-A1AB-1, Class 2-A1A, Class 2-A1B, Class 2-A2A B-2 and Class 2-A2B B-3 Certificates remaining after application of funds available therefor in the related Yield Maintenance Account, the Securities Administrator Administrator, as Paying Agent, shall withdraw the entire amount on deposit in the 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 based on the amount of Basis Risk Shortfall exists with respect to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, distribute the lesser of any amounts due each such Class. Funds remaining on deposit in the Basis Risk Reserve Fund and such on any Distribution Date after funding the payment of Basis Risk Shortfall Shortfalls for such Distribution Date will be remitted to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 X Certificates, sequentially, in that orderup to the amount of the Required Reserve Fund Deposit.
(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 X-2 X Certificateholders. The Class X-2 X 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 X-2 X Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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. 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 X-2 X Certificateholders.
(e) Except as provided expressly hereunder, the Securities Administrator shall have no obligation to invest and reinvest cash held in any Basis Risk Reserve Fund in the absence of timely and specific written investment direction from the Depositor. In no event shall the Securities Administrator be liable for the selection of investments or for investment losses incurred thereon. The Securities Administrator shall have no liability in respect of losses incurred as a result of the liquidation of any investment prior to its stated maturity or the failure of the Depositor to provide timely written investment direction.
(f) The Securities Administrator or its Affiliates are permitted to receive additional compensation that could be deemed to be in the Securities Administrator’s economic self interest for (i) serving as investment advisor, administrator, shareholder servicing agent, custodian or sub-custodian with respect to certain Permitted Investments, (ii) using Affiliates to effect transactions in certain Permitted Investments and (iii) effecting transactions in certain Permitted Investments. The Securities Administrator does not guarantee the performance of any Permitted Investment.
(g) Upon termination of the Trust Fund any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Class X Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Harborview 2006-2)
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 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A, Class 2-A2B, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 LIBOR Certificates, a Basis Risk Reserve Fund, into which the Depositor shall deposit $1,500,000.00, which amount is intended to cover the amount of Basis Risk Shortfalls, if any, on the first, second and third Distribution Dates. 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. 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, first, the Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 Certificates shall instead be deposited in the Basis Risk Reserve Fund to the extent of the X-2 Required Reserve Fund Deposit and second, the Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the Class X-1 Certificates shall instead be deposited in the Basis Risk Reserve Fund to the extent of the X-1 Required Reserve Fund Deposit.
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A A1C and Class 2-A2B A2 Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 4.04 and Section 5.01(a)(v5.01(a)(iv), and then from Basis Risk Reserve Fund, Fund the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date Classes of Certificates, pursuant to Section 5.01(a)(iv5.01(a)(v). If on any Distribution Date the amount on deposit in the Basis Risk Reserve Fund is not sufficient to make a full distribution of the Basis Risk Shortfall with respect to the Class 1-A1AA, Class 2-A1A, Class 2-A1B, Class 2-A2A A1C and Class 2-A2B Certificates A2 Certificates, and in the case of the Class 2-A1A, Class 2-A1B, Class 2-A1C and Class 2-A2 Certificates, remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator Trustee shall withdraw the entire amount on deposit in the 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 B-5, Class B-6 and Class B-6 B-7 Certificates, the Securities AdministratorTrustee, after making the distributions described in the immediately preceding paragraph to the Class 1-A1AA, Class 2-A1A, Class 2-A1B, Class 2-A2A A1C and Class 2-A2B A2 Certificates, distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 B-5, Class B-6 and Class B-6 B-7 Certificates, sequentially, in that order. Funds remaining in the Basis Risk Reserve Fund on any Distribution Date after funding the payment of Basis Risk Shortfalls for such Distribution Date will be allocated, first, to the Class X-1 Certificates, up to the amount of the X-1 Required Reserve Fund Deposit for such Distribution Date and second, to the Class X-2 Certificates, up to the amount of the X-2 Required Reserve Fund Deposit 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 X-2 Certificateholders. The Class X-2 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 X-2 Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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 X-2 Certificateholders.
(e) Except as provided expressly hereunder, the Trustee shall have no obligation to invest and reinvest cash held in the Basis Risk Reserve Fund in the absence of timely and specific written investment direction from the Depositor. In no event shall the Trustee be liable for the selection of investments or for investment losses incurred thereon. The Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any investment prior to its stated maturity or the failure of the Depositor to provide timely written investment direction.
(f) The Trustee or its Affiliates are permitted to receive additional compensation that could be deemed to be in the Trustee’s economic self interest for (i) serving as investment advisor, administrator, shareholder servicing agent, custodian or sub-custodian with respect to certain Permitted Investments, (ii) using Affiliates to effect transactions in certain Permitted Investments and (iii) effecting transactions in certain Permitted Investments. The Trustee does not guarantee the performance of any Permitted Investment.
(g) Upon termination of the Trust Fund any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Class X-2 Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-3)
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 1-A1AA-1A, Class 2-A1AA-0X, Class 2-A1B, Class 2-A2A, Class 2-A2B, Class B-1Xxxxx X-0, Class B-2, Class B-3, Class B-4, Class B-5 B-5, Class B-6 and Class B-6 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, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to other than the X-2 IO Component Distribution Date following the optional purchase of the Class X-2 Certificates Mortgage Loans pursuant to Section 10.01, Net Monthly Excess Cashflow shall instead be deposited in the Basis Risk Reserve Fund to the extent of the Required Reserve Fund DepositDeposit pursuant to Section 5.01(a)(iv)(F).
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1-A1AA-0X, Class 2-A1AXxxxx X-0X, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v), and then from Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on any Distribution Date the amount on deposit in the 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 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount on deposit in the 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 B-1Xxxxx X-0, Class B-2, Class B-3, Class B-4, Class B-5 and B-5, Class B-6 or Class B-7 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, distribute the lesser of any Trustee shall withdraw amounts remaining on deposit in from the Basis Risk Reserve Fund and such Basis Risk Shortfall distribute the amount withdrawn pursuant to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that orderSection 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 X-2 C Certificateholders. The Class X-2 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 X-2 C Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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. 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 X-2 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 2006-11)
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 1-A1AA, Class 2-A1A, Class 2-A1B, Class 2-A2AA1C, Class 2-A2BA1D, Class 2-A2, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 B-5, Class B-6 and Class B-6 B-7 Certificates, a Basis Risk Reserve FundFund into which the Depositor shall deposit $1,100,000, which amount is intended to cover the amount of Basis Risk Shortfalls, if any, on the first and second Distribution Dates. 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. 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, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 Certificates shall 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 1-A1AA, Class 2-A1A, Class 2-A1B, Class 2-A2A A1C, Class 2-A1D and Class 2-A2B A2 Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v), and then from Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on any Distribution Date the amount on deposit in the Basis Risk Reserve Fund is not sufficient to make a full distribution of the Basis Risk Shortfall with respect to the Class 1-A1AA, Class 2-A1A, Class 2-A1B, Class 2-A2A A1C, Class 2-A1D and Class 2-A2B A2 Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount on deposit in the 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 B-5, Class B-6 and Class B-6 B-7 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to the Class 1-A1AA, Class 2-A1A, Class 2-A1B, Class 2-A2A A1C, Class 2-A1D and Class 2-A2B A2 Certificates, distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 B-5, Class B-6 and Class B-6 B-7 Certificates, sequentially, in that order.
(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 X-2 Certificateholders. The Class X-2 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 X-2 Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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 X-2 Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2005-Ar4)
Basis Risk Reserve Fund. (a) On the Closing Date, the Securities Administrator shall establish and maintain in its the Trustee’s name, in trust for the benefit of the holders of the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A, Class 2-A2B, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 LIBOR Certificates, a Basis Risk Reserve Fund. The Basis Risk Reserve Fund will be held in trust by the Securities Administrator on behalf of the holders of the LIBOR Certificates. 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, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 X Certificates shall instead be deposited in the Basis Risk Reserve Fund to the extent of the Required Reserve Fund Deposit, provided that no portion of the Termination Price shall be deposited in the Basis Risk Reserve Fund.
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1-A1A, Class 2-A1A, A1B or Class 2-A1B, Class 2-A2A and Class 2-A2B A1C Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v), and then from Basis Risk Reserve Fund, Fund the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date Classes of Certificates, pursuant to Section 5.01(a)(iv5.01(a)(ii). If on any Distribution Date the amount on deposit in the 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 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates remaining after application of funds available therefor in the Yield Maintenance AccountShortfall, the Securities Administrator shall withdraw the entire amount on deposit in the Basis Risk Reserve Fund and distribute such amount to such Classes of Certificates on a pro rata basisbasis based on the amount of Basis Risk Shortfall due each such Class. On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and or Class B-6 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A A1B and Class 2-A2B A1C Certificates, shall distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that order. Funds remaining in the Basis Risk Reserve Fund on any Distribution Date after funding the payment of Basis Risk Shortfalls for such Distribution Date will be remitted to the Interest-Only Certificates, up to the amount of the Required Reserve Fund Deposit.
(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 X-2 X Certificateholders. The Class X-2 Interest-Only Certificates shall evidence ownership of the Basis Risk Reserve Fund for federal income tax purposes and the Holders thereof Class X Certificateholders shall direct the TrusteeSecurities Administrator, in writing, as to investment of amounts on deposit therein. The Class X-2 X Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 Certificateholder X Certificateholder(s) 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 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 X-2 X Certificateholders.
(e) Except as expressly provided hereunder, the Securities Administrator shall have no obligation to invest cash held in the Basis Risk Reserve Fund in the absence of timely and specific written investment direction from the Depositor. In no event shall the Securities Administrator be liable for the selection of investments or for investment losses incurred thereon. The Securities Administrator shall have no liability in respect of losses incurred as a result of the liquidation of any investment prior to its stated maturity or the failure of the Depositor to provide timely written investment direction.
(f) Upon termination of the Trust Fund any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Class X Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Luminent Mortgage Trust 2006-2)
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-1-A1AA, Class 2-A1AX-0X, Class 2-A1BXxxxx X-0X, Class 2-A2A, Class 2-A2BXxxxx X-0X, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, 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, 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, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 Certificates shall 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 1-A1AA-1A, Class 2-A1AA-1B, Class 2-A1B, Class 2-A2A A-2A and Class 2-A2B A-2B Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v), Account and then from Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on any Distribution Date the amount on deposit in the Basis Risk Reserve Fund is not sufficient to make a full distribution of the Basis Risk Shortfall with respect to the Class 1-A1AA-1A, Class 2-A1AA-1B, Class 2-A1B, Class 2-A2A A-2A and Class 2-A2B A-2B Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount on deposit in the 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to the Class 1-A1AA-1A, Class 2-A1AA-1B, Class 2-A1B, Class 2-A2A A-2A and Class 2-A2B A-2B Certificates, distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that order.
(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 X-2 Certificateholders. The Class X-2 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 X-2 Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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 X-2 Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-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 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A, Class 2-A2B, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 LIBOR Certificates and Class B-6 the Interest Only Certificates, a Basis Risk Reserve Fund, into which the Depositor shall deposit $10,000. 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, 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) The Basis Risk Reserve Fund will be comprised of three sub accounts: the "Class X-1 Sub Account," the "Class X-2 Sub Account," and the "Class X-B Sub Account." On each Distribution Date, Monthly Current Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 X-1, Class X-2A, Class X-2B and Class X-B Certificates shall instead be deposited in the Basis Risk Reserve Fund Sub Account with the same numerical designation as such Class (or alphabetical designation in the case of the Class X-B Certificates) to the extent of the applicable Class X-1 Required Reserve Fund Basis Risk Deposit, Class X-2 Required Basis Risk Deposit or Class X-B Required Basis Risk Deposit.
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B 1A-1 Certificates, the Securities Administrator, as Paying Agent for the Trustee, Administrator shall withdraw first from the Yield Maintenance Class X-1 Sub Account; second, from the Class X-B Sub Account; and third from the Class X-2 Sub Account, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v5.02(e), and then from Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on any Distribution Date the amount on deposit in the 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 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount on deposit in the Basis Risk Reserve Fund and distribute such amount to such Classes of Certificates on a pro rata basis. .
(d) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 2A Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to Administrator shall withdraw from the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, distribute X-2 Sub Account the lesser amount of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.02(e).
(e) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 B-1 Certificates, sequentially, in that orderthe Securities Administrator shall withdraw first from the Class X-B Sub Account the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.02(e).
(df) Funds in each of the Basis Risk Reserve Fund Class X-1 Sub Account, Class X-2 Sub Account and Class X-B Sub Account shall be invested in Permitted Investments. Any earnings on amounts in the Basis Risk Reserve Fund Class X-1 Sub Account shall be for the benefit of the Class X-1 Certificateholders, any earnings on amounts in the Class X-2 Sub Account shall be for the benefit of the Class X-2A and Class X-2B Certificateholders and any earnings on amounts in the Class X-B Sub Account shall be for the benefit of the Class X-B Certificateholders. The Class X-2 Interest-Only Certificates shall evidence ownership of the Basis Risk Reserve Fund related Sub-Account 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 X-2 applicable Interest-Only Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 applicable Interest-Only Certificateholder as to investment of funds on deposit in the Basis Risk Reserve Fundrelated Sub-Account, such funds shall be invested in money market funds as described in clause paragraph (viix) 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 X-2 applicable Interest-Only Certificateholders.
(g) Upon termination of the Trust Fund any amounts remaining in the related Sub-Account shall be distributed to the applicable Interest-Only Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Sequoia Residential Funding Inc)
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 1-A1ACertificates, a Basis Risk Reserve Fund, into which Lxxxxx Brothers Holdings Inc. (“LBH”) shall deposit $1,000. In addition, the Trustee shall hold each of the Initial Cap Agreement and the Class 2-A1A, Class 2-A1B, Class 2-A2A, Class 2-A2B, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, a 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, 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, Monthly Interest Distributable Amounts Date on which there is a payment received by the Trustee under the Initial Cap Agreement that would otherwise be distributable with respect to the X-2 IO Component is based on a notional amount in excess of the aggregate Class X-2 Certificates shall instead be deposited in the Basis Risk Reserve Fund to the extent Principal Amount of the Required Reserve Fund Deposit.
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1-A1AA1, Class 2-A1AA1, Class 2-A1BA2, Class A3, Class M1, Class M2, Class M3, Class M4, Class M5, Class M6 and Class B Certificates (such amount, the “Class X Initial Excess Cap Amount”), or (ii) a payment received by the Trustee under the Class 2-A2A and A1 Cap Agreement that is based on a notional amount in excess of the Class Principal Amount of the Class 2-A2B CertificatesA1 Certificates (such amount together with any Class X Initial Excess Cap Amount, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance Account“Class X Excess Cap Amount”), the amount of Trustee shall not treat such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v), and then from Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on any Distribution Date the amount payments as amounts on deposit in the Basis Risk Reserve Fund is for purposes of determining the Required Reserve Fund Amount for any Distribution Date. Any such Class X Excess Cap Amount shall not sufficient to make a full distribution be an asset of the Basis Risk Shortfall Trust Fund and, instead, shall be paid into and distributed out of a separate trust created by this Agreement for the benefit of the Class X Certificateholders, and the Trustee shall distribute such amount (as specified in the monthly report furnished by the Securities Administrator to the Trustee with respect to such Distribution Date) to the Class X Certificateholders pursuant to Section 5.02(e)(iii)(I). On each Distribution Date the Trustee shall distribute in accordance with the monthly report furnished by the Securities Administrator to the Trustee with respect to such Distribution Date pursuant to Section 4.03 in 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 Initial Cap Provider to the Trust Fund for such Distribution Date with respect to the Initial Cap Agreement, (b) any payments made by the Class 2-A1 Cap Provider to the Trust Fund for such Distribution Date with respect to the Class 12-A1AA1 Cap Agreement (provided, however, that payments received from the Class 2-A1A, A1 Cap Agreement shall be applied after amounts with respect to Basis Risk Payments and shall be for the sole benefit of the Class 2-A1BA1 Certificates and, Class 2-A2A and Class 2-A2B Certificates remaining after application to the extent of funds available therefor in the Yield Maintenance Accountany excess, the Securities Administrator shall withdraw the entire amount Class X Certificates, pursuant to Section 5.02(e)(iii)(I)), (c) any amounts then on deposit in the Basis Risk Reserve Fund Fund, including any earnings thereon, in respect of the Initial Cap Agreement 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, distribute the lesser of any amounts remaining on deposit in (d) the Basis Risk Reserve Fund and Payment, if any, for such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that orderDistribution Date.
(dc) Funds in the Basis Risk Reserve Fund shall be invested in Permitted Eligible Investments. Any earnings on amounts in the Basis Risk Reserve Fund shall be for the benefit of the Class X-2 Certificateholders. The Class X-2 X Certificates 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, in writing, as to investment of amounts on deposit therein. The Class X-2 Certificateholder(s) LBH shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 Certificateholder LBH 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 Wxxxx Fargo Prime Money Market Fund shall be treated as amounts distributed by the Upper-Tier REMIC to the Class X-2 CertificateholdersInvestment Account.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Investment Loan Trust 2004-6)
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 Holders of the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A, Class 2-A2B, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Offered 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, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to other than the X-2 IO Component Distribution Date following the optional purchase of the Class X-2 Certificates Mortgage Loans pursuant to Section 10.01, Net Monthly Excess Cashflow shall instead be deposited in the Basis Risk Reserve Fund to the extent of the Required Reserve Fund DepositDeposit pursuant to Section 5.01(a)(iv)(G).
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Offered Certificates, the Securities AdministratorTrustee, as Paying Agent for the Trustee, shall withdraw first (i) first, from the Class 0X-0X0 Xxxxx Xxxxxxxxxxx Account, the amount of such Basis Risk Shortfall for the Class 2A-1A2 Certificates for distribution to the Class 2A-1A2 Certificates on such Distribution Date pursuant to Section 5.01(i), (ii) second, from the Class 0X-0X0 Xxxxx Xxxxxxxxxxx Account, the amount of such Basis Risk Shortfall for the Class 2A-1A3 Certificates for distribution to the Class 2A-1A3 Certificates on such Distribution Date pursuant to Section 5.01(j), (ii) third, 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 4.05 and Section 5.01(a)(v5.01(h), and then (iii) fourth, from the Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on the Senior Certificates any Distribution Date the amount on deposit in the Basis Risk Reserve Fund is not sufficient to make a full distribution of the related Basis Risk Shortfall with respect to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount on deposit in the Basis Risk Reserve Fund and distribute for such amount to such Classes of Certificates Distribution Date on a pro rata basis. On any , based on the respective amounts of Basis Risk Shortfalls for such Distribution Date for which a Basis Risk Shortfall exists with respect and then sequentially to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 B-5, Class B-6 and Class B-6 Certificates, the Securities Administrator, after making the distributions described B-7 Certificates in the immediately preceding paragraph that order up to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, distribute the lesser amount of any amounts remaining on deposit in the Basis Risk Reserve Fund and Shortfalls due each such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that orderfor 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 X-2 C Certificateholders. The Class X-2 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 X-2 C Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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. 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 X-2 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 2006-12)
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 LIBOR Certificates, a Basis Risk Reserve Fund which will be comprised of four subaccounts; the “Basis Risk Reserve Fund X-1 Subaccount,” the “Basis Risk Reserve Fund X-2 Subaccount,” the “Basis Risk Reserve Fund X-3 Subaccount,” and the “Basis Risk Reserve Fund X-B Subaccount” (each, a “Subaccount”). The Basis Risk Reserve Fund X-1 Subaccount will be held in trust by the Trustee on behalf of the holders of the Class 1-A1A, A Certificates. The Basis Risk Reserve Fund X-2 Subaccount will be held in trust by the Trustee on behalf of the holders of the Class 2-A1A, Class 2-A1B, Class 2-A2A, Class 2-A2B and Class 2-A3 Certificates. The Basis Risk Reserve Fund X-3 Subaccount will be held in trust by the Trustee on behalf of the holders of the Class 3-A1A, Class 3-A1B, Class 3-A2A, Class 3-A2B, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 3-A3 and Class B-6 3-A4 Certificates, a . The Basis Risk Reserve FundFund X-B Subaccount will be held in trust by the Trustee on behalf of the holders of the Subordinate Certificates. 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, (i) Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component Class X-1 Certificates shall instead be deposited in the Basis Risk Reserve Fund X-1 Subaccount to the extent of the applicable Required Reserve Fund Deposit, (ii) Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the Class X-2 Certificates shall instead be deposited in the Basis Risk Reserve Fund X-2 Subaccount to the extent of the applicable Required Reserve Fund Deposit, (iii) Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the Class X-3 Certificates shall instead be deposited in the Basis Risk Reserve Fund X-3 Subaccount to the extent of the applicable Required Reserve Fund Deposit and (iv) Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the Class X-B Certificates shall instead be deposited in the Basis Risk Reserve Fund X-B Subaccount to the extent of the applicable Required Reserve Fund Deposit.
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1-A1AA, Class 2-A1A, Class 2-A1B, Class 2-A2A and A2A, Class 2-A2B A2B, Class 2-A3, Class 3-A1A, Class 3-A1B, Class 3-A2A, Class 3-A2B, Class 3-A3 and Class 3-A4 Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 4.04 and Section 5.01(a)(v), and then from the related Subaccount of the Basis Risk Reserve Fund, Fund the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date Classes of Certificates, pursuant to Section 5.01(a)(iv5.01(a)(vi). If on any Distribution Date the amount on deposit in the Basis Risk Reserve Fund is not sufficient to make a full distribution of the Basis Risk Shortfall with respect to the Class 1-A1AA, Class 2-A1A, Class 2-A1B, Class 2-A2A and A2A, Class 2-A2B, Class 2-A3, Class 3-A1A, Class 3-A1B, Class 3-A2A, Class 3-A2B Certificates and Class 3-A4, remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator Trustee shall withdraw the entire amount on deposit in the 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, the Securities AdministratorTrustee, shall withdraw first from the from the Basis Risk Reserve Fund X-B Subaccount the amount of any remaining Basis Risk Shortfall for such Classes of Certificates, pursuant to Section 5.01(a)(vi). If on any Distribution Date the amount on deposit in the Basis Risk Reserve Fund X-B Subaccount is not sufficient to make a full distribution of the Basis Risk Shortfall with respect to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates after making the distributions described in the immediately preceding paragraph to the Class 1-A1AA, Class 2-A1A, Class 2-A1B, Class 2-A2A and A2A, Class 2-A2B A2B, Class 2-A3, Class 3-A1A, Class 3-A1B, Class 3-A2A, Class 3-A2B, Class 3-A3 and Class 3-A4 Certificates, the Trusted shall distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that order.
(d) Funds in the Basis Risk Reserve Fund shall be invested in Permitted Investments. Any earnings on amounts in a Subaccount of the Basis Risk Reserve Fund shall be for the benefit of the Class X-2 X-1, Class X-2, Class X-3 and Class X-B Certificateholders. The Class X-2 X-1, Class X-2, Class X-3 and Class X-B 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 X-2 X-1, Class X-2, Class X-3 and Class X-B Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 X-1, Class X-2, Class X-3 and Class X-B Certificateholder as to investment of funds on deposit in the related Subaccount of 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 X-2 X-1, Class X-2, Class X-3 and Class X-B Certificateholders.
(e) Except as provided expressly hereunder, the Trustee shall have no obligation to invest and reinvest cash held in the Basis Risk Reserve Fund in the absence of timely and specific written investment direction from the Depositor. In no event shall the Trustee be liable for the selection of investments or for investment losses incurred thereon. The Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any investment prior to its stated maturity or the failure of the Depositor to provide timely written investment direction.
(f) The Trustee or its Affiliates are permitted to receive additional compensation that could be deemed to be in the Trustee’s economic self interest for (i) serving as investment advisor, administrator, shareholder servicing agent, custodian or sub-custodian with respect to certain Permitted Investments, (ii) using Affiliates to effect transactions in certain Permitted Investments and (iii) effecting transactions in certain Permitted Investments. The Trustee does not guarantee the performance of any Permitted Investment.
(g) Upon termination of the Trust Fund any amounts remaining in a Subaccount of the Basis Risk Reserve Fund shall be distributed to the Class X-1, Class X-2, Class X-3 and Class X-B Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-11)
Basis Risk Reserve Fund. 103
(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 1-A1A1A-1A, Class 2-A1A1A-1B, Class 2-A1B2A-1A, Class 2-A2A2A-1B, Class 2-A2B2A-1C, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 B-5, Class B-6 and Class B-6 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, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to other than the X-2 IO Component Distribution Date following the optional purchase of the Class X-2 Certificates Mortgage Loans pursuant to Section 10.01, Net Monthly Excess Cashflow shall instead be deposited in the Basis Risk Reserve Fund to the extent of the Required Reserve Fund DepositDeposit pursuant to Section 5.01(a)(iv)(F).
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1-A1A1A-1A, Class 2-A1A1A-1B, Class 2-A1B2A-1A, Class 2-A2A and 2A-1B, Class 2-A2B 2A-1C, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5, Class B-6 or Class B-7 Certificates, the Securities AdministratorTrustee, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance AccountBasis Risk Reserve Fund, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v5.01(a)(iv)(F), and then from Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on any Distribution Date the amount on deposit in the 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 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount on deposit in the 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that order.
(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 X-2 C Certificateholders. The Class X-2 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 X-2 C Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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. 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 X-2 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 2006-10)
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 1-A1A1A-1A, Class 2-A1A2A-1A, Class 2-A1B2A-1B, Class 2-A2A2A-1C, Class 2-A2B2A-2C, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 B-5, Class B-6 and Class B-6 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, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to other than the X-2 IO Component Distribution Date following the optional purchase of the Class X-2 Certificates Mortgage Loans pursuant to Section 10.01, Net Monthly Excess Cashflow shall instead be deposited in the Basis Risk Reserve Fund to the extent of the Required Reserve Fund DepositDeposit pursuant to Section 5.01 (a)(iv)(F).
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1-A1A1A-1A, Class 2-A1A2A-1A, Class 2-A1B2A-1B, Class 2-A2A 2A-1C, Class 2A-2C, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5, Class B-6 and Class 2-A2B B-7 Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance AccountBasis Risk Reserve Fund, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(vsection 5.01 (a)(iv)(F), and then from Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on any Distribution Date the amount on deposit in the 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 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount on deposit in the 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that order.
(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 X-2 C Certificateholders. The Class X-2 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 X-2 C Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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 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 X-2 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 2006-14)
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 1-A1AA, Class 2-A1A, Class 2-A1B, Class 2-A2A, Class 2-A2BA2, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-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, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 Certificates shall 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 1-A1AA, Class 2-A1A, Class 2-A1B, Class 2-A2A A1B and Class 2-A2B A2 Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v), and then from Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on any Distribution Date the amount on deposit in the Basis Risk Reserve Fund is not sufficient to make a full distribution of the Basis Risk Shortfall with respect to the Class 1-A1AA, Class 2-A1A, Class 2-A1B, Class 2-A2A A1B and Class 2-A2B A2 Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount on deposit in the 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to the Class 1-A1AA, Class 2-A1A, Class 2-A1B, Class 2-A2A A1B and Class 2-A2B A2 Certificates, distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that order.
(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 X-2 Certificateholders. The Class X-2 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 X-2 Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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 X-2 Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Greenwich Dsla Mortgage Loan Trust 2005-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 1-A1A(i) the Group 1 LIBOR Certificates, the Group 1 Basis Risk Reserve Fund, (ii) the Class 2-A1A, Class 2-A1BA1B and Class 2-A1C Certificates, the Group 2-A Basis Risk Reserve Fund and (iii) the Class 2-B1, Class 2-A2AB2, Class 2-A2BB3, Class B-12-B4, Class B-2, Class B-3, Class B-4, Class B-5 2-B5 and Class B-6 2-B6 Certificates, a the Group 2-B Basis Risk Reserve Fund; the Depositor shall deposit $0 into the Group 1 Basis Risk Reserve Fund, $299,857.51 into the Group 2-A Basis Risk Reserve Fund and $43,488.89 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 MortgageIT; provided, however, that the amount of any such distribution from each Basis Risk Reserve Fund shall not exceed the amount of the related initial deposit specified in the prior sentence. Each of the Group 1 Basis Risk Reserve Fund, Group 2-A 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 For the convenience of the Securities Administrator, each Basis Risk Reserve Fund may be a separate subaccount of a single account established by the Securities Administrator. None of the Group 1 Basis Risk Reserve Fund, Group 2-A 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, the Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 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.
(cii) On each Distribution Date, the Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the Class 2-X Certificates shall instead be deposited in the Group 2-A Basis Risk Reserve Fund to the extent of the 2-X 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-X-B Certificates shall instead be deposited in the Group 2-B Basis Risk Reserve Fund to the extent of the 2-X-B Required Reserve Fund Deposit.
(i) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A A1 and Class 21-A2B A2 Certificates, the Securities Administrator, as Paying Agent for the TrusteeAgent, shall withdraw first from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 4.04 and Section 5.01(a)(v5.01(a)(i)(B), and then from Group 1 Basis Risk Reserve Fund, Fund the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date Classes of Certificates, pursuant to Section 5.01(a)(iv5.01(a)(i)(B); provided, however, that on each of the first three Distribution Dates amounts initially deposited 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-A1 and Class 1-A2 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 2-A1A, Class 2-A1B, Class 2-A2A A1 and Class 21-A2B A2 Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator Administrator, as Paying Agent, 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 1-B1 and Class B-6 1-B2 Certificates, the Securities Administrator, as Paying Agent, after making the distributions described in the immediately preceding paragraph to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A A1 and Class 21-A2B A2 Certificates, distribute the lesser of any amounts remaining on deposit in the Group 1 Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-11-B1 and Class 1-B2, 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 will be allocated to the Class 1-X Certificates, up to the amount of the 1-X Required Reserve Fund Deposit for such Distribution Date.
(ii) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 2-A1A, Class B-22-A1B and Class 2-A1C Certificates, the Securities Administrator, as Paying Agent, shall withdraw from Group 2-A 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 deposited by the Depositor into the Group 2-A Basis Risk Reserve Fund shall be used to cover the amount of Basis Risk Shortfalls on the Class 2-A1A, Class B-32-A1B and Class 2-A1C Certificates before amounts deposited in respect of the 2-X Required Reserve Fund Deposit. If on any Distribution Date the amount on deposit in the Group 2-A Basis Risk Reserve Fund is not sufficient to make a full distribution of the Basis Risk Shortfall with respect to the Class 2-A1A, Class B-42-A1B and Class 2-A1C Certificates, the Securities Administrator, as Paying Agent, shall withdraw the entire amount on deposit in the Group 2-A Basis Risk Reserve Fund and distribute such amount to such Classes of Certificates on a pro rata basis. Funds remaining in the Group 2-A 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-X Certificates, up to the amount of the 2-X Required Reserve Fund Deposit for such Distribution Date.
(iii) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 2-B1, Class B-5 2-B2, Class 2-B3, Class 2-B4, Class 2-B5 and Class B-6 2-B6 Certificates, the Securities Administrator, as Paying Agent, shall withdraw from Group 2-B Basis Risk Reserve Fund the amount of any Basis Risk Shortfall for such Classes of Certificates and distribute such amounts to the Class 2-B1, Class 2-B2, Class 2-B3, Class 2-B4, Class 2-B5 and Class 2-B6 Certificates, sequentially, in that order, pursuant to Section 5.01(a)(ii)(D); provided, however, that on each of the first three Distribution Dates amounts initially deposited 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 2-B1, Class 2-B2, Class 2-B3, Class 2-B4, Class 2-B5 and Class 2-B6 Certificates before amounts deposited in respect of the 2-X-B Required Reserve Fund Deposit. Funds remaining in the Group 2-B 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-X-B Certificates, up to the amount of the 2-X-B Required Reserve Fund Deposit for such Distribution Date.
(d) (i) Funds in the Group 1 Basis Risk Reserve Fund shall be invested in Permitted Investments. Any earnings on amounts in the Group 1 Basis Risk Reserve Fund shall be for the benefit of the Class X-2 1-X Certificateholders. The Class X-2 1-X Certificates shall evidence ownership of the Group 1 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 X-2 1-X Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 1-X Certificateholder as to investment of funds on deposit in the Group 1 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 Group 1 Basis Risk Reserve Fund shall be treated as amounts distributed by the Upper-Tier REMIC to the Class X-2 1-X Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (MortgageIT Mortgage Loan Trust 2006-1)
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 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A, Class 2-A2B, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 MTA and Class B-6 LIBOR Certificates, a Basis Risk Reserve Fund, into which the Depositor shall deposit $554,517.71, which amount is intended to cover the amount of Basis Risk Shortfalls, if any, on the first, second and third Distribution Dates. 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. The Basis Risk Reserve Fund will be comprised of two subaccounts: the “Basis Risk Reserve Fund X-1 Subaccount” and the “Basis Risk Reserve Fund X-2A1B Subaccount” (each, a “Subaccount”). The Basis Risk Reserve Fund X-1 Subaccount will be held in trust by the Trustee on behalf of the holders of the Class 1-A1A, Class 1-A1B, Class 2-A1A and Class 2-A1C Certificates and the Subordinate Certificates. The Basis Risk Reserve Fund X-2A1B Subaccount will be held in trust by the Trustee on behalf of the holders of the Class X-2A1B Certificates. 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, (i) Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 X-1 Certificates shall instead be deposited in the Basis Risk Reserve Fund X-1 Subaccount to the extent of the X-1 Required Reserve Fund Deposit and (ii) Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the Class X-2A1B Certificates shall instead be deposited in the Basis Risk Reserve Fund X-2A1B Subaccount to the extent of the X-1 Required Reserve Fund Deposit.
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1-A1A, Class 1-A1B, Class 2-A1A, Class 2-A1B, Class 2-A2A A1B and Class 2-A2B A1C Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance Account, related Subaccount of the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v), and then from Basis Risk Reserve Fund, Fund the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date Classes of Certificates, pursuant to Section 5.01(a)(iv5.01(a)(iii). If on any Distribution Date the amount on deposit in the 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 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates remaining after application of funds available therefor in the Yield Maintenance AccountShortfall, the Securities Administrator Trustee shall withdraw the entire amount on deposit in the Basis Risk Reserve Fund and distribute such amount to such Classes of Certificates on a pro rata basisbasis based on the amount of Basis Risk Shortfall due each such Class. On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 B-5, Class B-6, Class B-7, Class B-8, Class B-9, Class B-10, Class B-11 and Class B-6 B-12 Certificates, the Securities AdministratorTrustee, after making the distributions described in the immediately preceding paragraph to the Class 1-A1A, Class 1-A1B, Class 2-A1A, Class 2-A1B, Class 2-A2A A1B and Class 2-A2B A1C Certificates, shall distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund X-1 Subaccount and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 B-5, Class B-6, Class B-7, Class B-8, Class B-9, Class B-10, Class B-11 and Class B-6 B-12 Certificates, sequentially, in that order. Funds remaining in the applicable Subaccount of the Basis Risk Reserve Fund on any Distribution Date after funding the payment of Basis Risk Shortfalls for such Distribution Date will be remitted to the Interest-Only Certificates, up to the amount of the X-1 Required Reserve Fund Deposit.
(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 X-2 X-1 and Class X-2A1B Certificateholders. The Class X-2 Interest-Only 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 X-2 X-1 and Class X-2A1B Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 Certificateholder X-1 and Class X-2A1B Certificateholder(s) 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 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 X-2 X-1 and Class X-2A1B Certificateholders.
(e) Except as expressly provided hereunder, the Trustee shall have no obligation to invest cash held in the Basis Risk Reserve Fund in the absence of timely and specific written investment direction from the Depositor. In no event shall the Trustee be liable for the selection of investments or for investment losses incurred thereon. The Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any investment prior to its stated maturity or the failure of the Depositor to provide timely written investment direction.
(f) The Trustee or its Affiliates are permitted to receive additional compensation that could be deemed to be in the Trustee’s economic self interest for (i) serving as investment advisor, administrator, shareholder servicing agent, custodian or sub-custodian with respect to certain Permitted Investments, (ii) using Affiliates to effect transactions in certain Permitted Investments and (iii) effecting transactions in certain Permitted Investments. The Trustee does not guarantee the performance of any Permitted Investment.
(g) Upon termination of the Trust Fund any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Class X-1 Certificateholders.
Appears in 1 contract
Samples: Pooling Agreement (Harborview Mortgage Loan Trust 2006-1)
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 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A, Class 2-A2B, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 LIBOR Certificates, a Basis Risk Reserve Fund, into which the Depositor shall deposit $465,000.00, which amount is intended to cover the amount of Basis Risk Shortfalls, if any, on the first, second and third Distribution Dates. 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. 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, the Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 X Certificates shall 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 1-A1A, Class 1-A1B, Class 2-A1A, Class 2-A1B, Class 2-A2A A1C1 and Class 2-A2B A1C2 Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 4.04 and Section 5.01(a)(v5.01(a)(iii), and then from Basis Risk Reserve Fund, Fund the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date Classes of Certificates, pursuant to Section 5.01(a)(iv5.01(a)(iii). If on any Distribution Date the amount on deposit in the 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 2-A1A, Class 2-A1B, Class 2-A2A A1C1 and Class 2-A2B A1C2 Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator Trustee shall withdraw the entire amount on deposit in the 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 B-5, Class B-6, Class B-7, Class B-8, Class B-9, Class B-10, Class B-11 and Class B-6 B-12 Certificates, the Securities AdministratorTrustee, after making the distributions described in the immediately preceding paragraph to the Class 1-A1A, Class 1-A1B, Class 2-A1A, Class 2-A1B, Class 2-A2A A1C1 and Class 2-A2B A1C2 Certificates, distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 B-5, Class B-6, Class B-7, Class B-8, Class B-9, Class B-10, Class B-11 and Class B-6 B-12 Certificates, sequentially, in that order. Funds remaining in the 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 X Certificates, up to the amount of the Required Reserve Fund Deposit 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 X-2 X Certificateholders. The Class X-2 X 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 X-2 X Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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 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 X-2 X Certificateholders.
(e) Except as provided expressly hereunder, the Trustee shall have no obligation to invest and reinvest cash held in the Basis Risk Reserve Fund in the absence of timely and specific written investment direction from the Depositor. In no event shall the Trustee be liable for the selection of investments or for investment losses incurred thereon. The Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any investment prior to its stated maturity or the failure of the Depositor to provide timely written investment direction.
(f) The Trustee or its Affiliates are permitted to receive additional compensation that could be deemed to be in the Trustee’s economic self interest for (i) serving as investment advisor, administrator, shareholder servicing agent, custodian or sub-custodian with respect to certain Permitted Investments, (ii) using Affiliates to effect transactions in certain Permitted Investments and (iii) effecting transactions in certain Permitted Investments. The Trustee does not guarantee the performance of any Permitted Investment.
(g) Upon termination of the Trust Fund any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Class X Certificateholders.
Appears in 1 contract
Samples: Pooling Agreement (HarborView Mortgage Loan Trust 2005-10)
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 1-A1AA, Class 2-A1AA2, Class 2-A1BA3, Class 2-A2AA4A, Class 2-A2BA4B, Class 3-A2, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-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, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 X Certificates shall 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 12-A1AA3, Class 2-A1AA4A, Class 2-A1B, Class 2-A2A A4B and Class 23-A2B A2 Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 4.04 and Section 5.01(a)(v), and then from Basis Risk Reserve Fund, Fund the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date Classes of Certificates, pursuant to Section 5.01(a)(iv5.01(a)(vi). If on any Distribution Date the amount on deposit in the Basis Risk Reserve Fund is not sufficient to make a full distribution of the Basis Risk Shortfall with respect to the Class 1-A1AA, Class 2-A1AA2, Class 2-A1BA3, Class 2-A2A and A4A, Class 2-A2B A4B and Class 3-A2 Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount on deposit in the 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to the Class 1-A1AA, Class 2-A1AA2, Class 2-A1BA3, Class 2-A2A and A4A, Class 2-A2B A4B and Class 3-A2 Certificates, distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that order.
(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 X-2 X Certificateholders. The Class X-2 X 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 X-2 X Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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 Upper-Tier REMIC to the Basis Risk Reserve Fund shall be treated as amounts distributed by the Upper-Tier REMIC to the Class X-2 X Certificateholders.
(e) Upon termination of the Trust Fund any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Class X Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-8)
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-1-A1AA, Class 2-A1AX-0X, Class 2-A1BXxxxx X-0X, Class 2-A2A, Class 2-A2BXxxxx X-0X, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-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, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 Certificates shall 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 1-A1AA-1B, Class 2-A1A, Class 2-A1B, Class 2-A2A A-2A and Class 2-A2B A-2B Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v), and then from Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on any Distribution Date the amount on deposit in the Basis Risk Reserve Fund is not sufficient to make a full distribution of the Basis Risk Shortfall with respect to the Class 1-A1AA-1A, Class 2-A1AA-1B, Class 2-A1BA-2A and Class A-2B Certificates, and in the case of the Class A-1B, Class 2-A2A A-2A and Class 2-A2B Certificates A-2B Certificates, remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount on deposit in the 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to the Class 1-A1AA-1A, Class 2-A1AA-1B, Class 2-A1B, Class 2-A2A A-2A and Class 2-A2B A-2B Certificates, distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that order.
(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 X-2 Certificateholders. The Class X-2 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 X-2 Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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 X-2 Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar2)
Basis Risk Reserve Fund. (a) On the Closing Date, the Securities Administrator Trustee shall establish and maintain in its the Trustee's name, in trust for the benefit of the holders of the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A, Class 2-A2B, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 LIBOR Certificates and Class B-6 the Interest Only Certificates, a Basis Risk Reserve Fund, into which the Depositor shall deposit $10,000. 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, 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. The parties hereto intend that each of the Class X-A Sub-account and the Class X-B Sub-account shall be treated for federal income tax purposes as a "grantor trust" under Subpart E of Part I of Subchapter J of the Code. The Trustee shall prepare, sign and file all tax returns, including returns on Internal Revenue Service Form 1041 or any successor form, required to be filed with respect to such grantor trusts.
(b) The Basis Risk Reserve Fund will be comprised of two Sub-accounts: the "Class X-A Sub-account," and the "Class X-B Sub-account." On each Distribution Date, Monthly (i) Current Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 X-1A, Class X-2A1 and Class X-2A2 Certificates shall instead be deposited in the Basis Risk Reserve Fund Class X-A Sub-account to the extent of the applicable Class X-A Required Reserve Fund Basis Risk Deposit and (ii) Current Interest that would otherwise be distributable with respect to the Class X-1B, Class X-2B and Class X-3B Certificates shall instead be deposited in the Class X-B Sub-account to the extent of the Class X-B Required Basis Risk Deposit.
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1-A1A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A 2A-1 and Class 2-A2B 2A-2 Certificates, the Securities Administrator, as Paying Agent for the Trustee, Trustee shall withdraw first from the Yield Maintenance Account, Class X-A Sub-account the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v5.02(f), and then from Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on any Distribution Date the amount on deposit in the 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 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount on deposit in the Basis Risk Reserve Fund and distribute such amount to such Classes of Certificates on a pro rata basis. .
(d) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class B-1, Class B-2, B-2 or Class B-3, Class B-4, Class B-5 and Class B-6 B-3A Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to Trustee shall withdraw from the Class 1X-A1A, Class 2B Sub-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, distribute account the lesser amount of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall for distribution on such Distribution Date pursuant to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that orderSection 5.02(f).
(de) Funds in each of the Basis Risk Reserve Fund Class X-A Sub-account and the Class X-B Sub-account, if invested, shall be invested in Permitted Investments. Any earnings on amounts in the Basis Risk Reserve Fund Class X-A Sub-account shall be for the benefit of the Class X-2 X-1A, Class X-2A1 and Class X-2A2 Certificateholders and any earnings on amounts in the Class X-B Sub-account shall be for the benefit of the Class X-1B, Class X-2B and Class X-3B Certificateholders. The Class X-2 Interest-Only Certificates shall evidence ownership of the Basis Risk Reserve Fund related Sub-account for federal income tax purposes and the Holders thereof shall direct the Trustee, in writing, as to investment of amounts purposes. Funds on deposit thereinon in the Basis Risk Reserve Fund, if invested, shall be invested in Permitted Investments described in clause (i) of the definition of "Permitted Investments" maturing prior to the next Distribution Date and no such investment shall be sold or otherwise disposed of prior to maturity. The Class X-2 applicable Interest-Only Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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-Upper Tier REMIC to the Basis Risk Reserve Fund shall be treated as amounts distributed by the Upper-Upper Tier REMIC to the applicable Interest-Only Certificateholders. Absent written direction provided to the Trustee from all of the Holders of the Class X-2 X-1A, Class X-2A1 and Class X-2A2 Certificates, in the case of funds in the Class X-A Sub-account, and all of the Holders of the Class X-1B, Class X-2B and Class X-3B Certificates, in the case of funds in the Class X-B Sub-account, funds on deposit in the Basis Risk Reserve Fund shall remain uninvested.
(f) Upon termination of the Trust Fund any amounts remaining in the related Sub-account shall be distributed to the applicable Interest-Only Certificateholders.
Appears in 1 contract
Samples: Trust Agreement (Merrill Lynch Mortgage Investors Inc)
Basis Risk Reserve Fund. (a) On the Closing Date, the Securities Administrator shall establish and maintain in its the Trustee's name, in trust for the benefit of the holders of the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A, Class 2-A2B, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 LIBOR Certificates and Class B-6 the Interest Only Certificates, a Basis Risk Reserve Fund, into which the Depositor shall deposit $10,000. 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, 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) The Basis Risk Reserve Fund will be comprised of two Sub-accounts: the "Class X-1 Sub-account," and the "Class X-B Sub-account." On each Distribution Date, Monthly Current Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 X-1A, Class X-1B and Class X-B Certificates shall instead be deposited in the Basis Risk Reserve Fund Sub-account with the same numerical designation as such Class (or alphabetical designation in the case of the Class X-B Certificates) to the extent of the applicable Class X-1 Required Reserve Fund Basis Risk Deposit or Class X-B Required Basis Risk Deposit.
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B A Certificates, the Securities Administrator, as Paying Agent for the Trustee, Administrator shall withdraw first from the Yield Maintenance Account, Class X-1 Sub-account the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v5.02(f), and then from Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on any Distribution Date the amount on deposit in the 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 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount on deposit in the Basis Risk Reserve Fund and distribute such amount to such Classes of Certificates on a pro rata basis. .
(d) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 B-1 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to Administrator shall withdraw from the Class 1X-A1A, Class 2B Sub-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, distribute account the lesser amount of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall for distribution on such Distribution Date pursuant to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that orderSection 5.02(f).
(de) Funds in each of the Basis Risk Reserve Fund Class X-1 Sub-account and Class X-B Sub-account shall be invested in Permitted Investments. Any earnings on amounts in the Basis Risk Reserve Fund Class X-1 Sub-account shall be for the benefit of the Class X-2 X-1A and Class X-1B Certificateholders and any earnings on amounts in the Class X-B Sub-account shall be for the benefit of the Class X-B Certificateholders. The Class X-2 Interest-Only Certificates shall evidence ownership of the Basis Risk Reserve Fund related Sub-account 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 X-2 applicable Interest-Only Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 applicable Interest-Only Certificateholder as to investment of funds on deposit in the Basis Risk Reserve Fundrelated Sub-account, such funds shall be invested in money market funds as described in clause paragraph (viix) 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 X-2 applicable Interest-Only Certificateholders.
(f) Upon termination of the Trust Fund any amounts remaining in the related Sub-account shall be distributed to the applicable Interest-Only Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Sequoia Residential Funding Inc)
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 Certificates, a Basis Risk Reserve Fund, into which Xxxxxx Brothers Holdings Inc. (“LBH”) shall deposit $1,000. In addition, the Trustee shall hold the Initial Cap Agreement and the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A, Class 2-A2B, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, a 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, 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, Monthly Interest Distributable Amounts Date on which there is either (i) a payment received by the Trustee under the Initial Cap Agreement that would otherwise be distributable with respect to the X-2 IO Component is based on a notional amount in excess of the aggregate Class X-2 Certificates shall instead be deposited in the Basis Risk Reserve Fund to the extent Principal Amount of the Required Reserve Fund Deposit.
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1-A1AA1, Class 1-A2, Class 1-A3, Class 2-A1AA1, Class 2-A1BA2, Class 2-A2A A3, Class 3-A, Class M1, Class M2, Class M3, Class M4, Class M5, Class M6 and Class 2-A2B CertificatesB Certificates (such amount, the Securities Administrator“Class X Initial Excess Cap Amount”), as Paying Agent for or (ii) a payment received by the Trustee, shall withdraw first from Trustee under the Yield Maintenance AccountClass 1-A1 Cap Agreement that is based on a notional amount in excess of the Class Principal Amount of the Class 1-A1 Certificates (such amount together with any Class X Initial Excess Cap Amount, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v“Class X Excess Cap Amount”), and then from Basis Risk Reserve Fund, the amount of any Trustee shall not treat such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on any Distribution Date the amount payments as amounts on deposit in the Basis Risk Reserve Fund is for purposes of determining the Required Reserve Fund Amount for any Distribution Date. Any such Class X Excess Cap Amount shall not sufficient to make a full distribution be an asset of the Basis Risk Shortfall Trust Fund and, instead, shall be distributed to the Class X Certificateholders pursuant to Section 5.02(f)(iii)(I). On each Distribution Date the Trustee shall distribute in 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 Initial Cap Provider to the Trust Fund for such Distribution Date with respect to the Initial Cap Agreement, (b) any payments made by the Class 1-A1 Cap Provider to the Trust Fund for such Distribution Date with respect to the Class 1-A1AA1 Cap Agreement (provided, however, that payments received from the Class 21-A1AA1 Cap Agreement shall be applied after amounts with respect to Basis Risk Payments and shall be for the sole benefit of the Class 1-A1 Certificates and, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates remaining after application to the extent of funds available therefor in the Yield Maintenance Accountany excess, the Securities Administrator shall withdraw the entire amount Class X Certificate, pursuant to Section 5.02(f)(iii)(I)), (c) any amounts then on deposit in the Basis Risk Reserve Fund Fund, including any earnings thereon, in respect of the Initial Cap Agreement 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, distribute the lesser of any amounts remaining on deposit in (d) the Basis Risk Reserve Fund and Payment, if any, for such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that orderDistribution Date.
(dc) Funds in the Basis Risk Reserve Fund shall be invested in Permitted Eligible Investments. Any earnings on amounts in the Basis Risk Reserve Fund shall be for the benefit of the Class X-2 Certificateholders. The Class X-2 Certificates X 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, in writing, as to investment of amounts on deposit therein. The Class X-2 Certificateholder(s) LBH shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 Certificateholder LBH 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 Xxxxx Fargo Prime Money Market Fund shall be treated as amounts distributed by the Upper-Tier REMIC to the Class X-2 CertificateholdersInvestment Account.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2003-Bc13)
Basis Risk Reserve Fund. (a) On the Closing Date, the Securities Administrator Trustee shall establish and maintain in its the Trustee's name, in trust for the benefit of the holders of the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A, Class 2-A2B, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 LIBOR Certificates and Class B-6 the Interest Only Certificates, a Basis Risk Reserve Fund, into which the Depositor shall deposit $10,000. 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, 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) The Basis Risk Reserve Fund will be comprised of two Sub-accounts: the "Class X-A Sub-account," and the "Class X-B Sub-account." On each Distribution Date, Monthly (i) Current Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-1A, Class X-1B and Class X-2 Certificates shall instead be deposited in the Basis Risk Reserve Fund Class X-A Sub-account to the extent of the applicable Class X-A Required Reserve Fund Basis Risk Deposit and (ii) Current Interest that would otherwise be distributable with respect to the Class X-B Certificates shall instead be deposited in the Class X-B Sub-account to the extent of the Class X-B Required Basis Risk Deposit.
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1-A1A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A 2A-1 and Class 2-A2B 2A-2 Certificates, the Securities Administrator, as Paying Agent for the Trustee, Trustee shall withdraw first from the Yield Maintenance Account, Class X-A Sub-account the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v5.02(f), and then from Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on any Distribution Date the amount on deposit in the 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 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount on deposit in the Basis Risk Reserve Fund and distribute such amount to such Classes of Certificates on a pro rata basis. .
(d) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 B-1 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to Trustee shall withdraw from the Class 1X-A1A, Class 2B Sub-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, distribute account the lesser amount of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall for distribution on such Distribution Date pursuant to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that orderSection 5.02(f).
(de) Funds in each of the Basis Risk Reserve Fund Class X-A Sub-account and the Class X-B Sub-account shall be invested in Permitted Investments. Any earnings on amounts in the Basis Risk Reserve Fund Class X-1 Sub-account shall be for the benefit of the Class X-1A, Class X-1B and Class X-2 Certificateholders and any earnings on amounts in the Class X-B Sub-account shall be for the benefit of the Class X-B Certificateholders. The Class X-2 Interest-Only Certificates shall evidence ownership of the Basis Risk Reserve Fund related Sub-account 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 X-2 applicable Interest-Only Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 applicable Interest-Only Certificateholder as to investment of funds on deposit in the Basis Risk Reserve Fundrelated Sub-account, such funds shall be invested in money market funds as described in clause paragraph (viix) 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 X-2 applicable Interest-Only Certificateholders.
(f) Upon termination of the Trust Fund any amounts remaining in the related Sub-account shall be distributed to the applicable Interest-Only Certificateholders.
Appears in 1 contract
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 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A, Class 2-A2B, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 COFI Certificates and Class B-6 the LIBOR Certificates, a the Group 1 Basis Risk Reserve Fund and the Group 2 Basis Risk Reserve Fund, respectively; the Depositor shall deposit $225,000 into the Group 1 Basis Risk Reserve Fund, which amount is intended to cover the amount of Basis Risk Shortfalls, 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 and Group 2 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 Neither the Group 1 Basis Risk Reserve Fund nor the Group 2 Basis Risk Reserve Fund shall not be an asset of any REMIC established hereby.
(bi) On each Distribution Date, the Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 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.
(cii) On each Distribution Date, the Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the Class 2-X Certificates shall instead be deposited in the Group 2 Basis Risk Reserve Fund to the extent of the 2-X Required Reserve Fund Deposit.
(i) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1-A1AA1 and Class 1-A2 Certificates, the Securities Administrator, as Paying Agent, shall withdraw from Group 1 Basis Risk Reserve Fund the amount of any Basis Risk Shortfall for such Classes of Certificates, pursuant to Section 5.01(a)(i)(B). 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-A1 and Class 1-A2 Certificates, the Securities Administrator, as Paying Agent, 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. 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 will be allocated to the Class 1-X Certificates, up to the amount of the 1-X Required Reserve Fund Deposit for such Distribution Date.
(ii) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 2-A1A, Class 2-A1BA1, Class 2-A2A and Class 2-A2B Certificates, the Securities Administrator, as Paying Agent for the TrusteeAgent, shall withdraw first from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 4.04 and Section 5.01(a)(v5.01(a)(iii)(B), and then from Group 2 Basis Risk Reserve Fund, Fund the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date Classes of Certificates, pursuant to Section 5.01(a)(iv5.01(a)(iii)(B). If on any Distribution Date the amount on deposit in the Group 2 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 2-A1A, Class 2-A1BA1, Class 2-A2A and Class 2-A2B Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator Administrator, as Paying Agent, shall withdraw the entire amount on deposit in the Group 2 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 B-12-B1, Class B-22-B2, Class B-32-B3, Class B-42-B4, Class B-5 2-B5 and Class B-6 2-B6 Certificates, the Securities Administrator, as Paying Agent, after making the distributions described in the immediately preceding paragraph to the Class 1-A1A, Class 2-A1A, Class 2-A1BA1, Class 2-A2A and Class 2-A2B Certificates, distribute the lesser of any amounts remaining on deposit in the Group 2 Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-12-B1, Class B-22-B2, Class B-32-B3, Class B-42-B4, Class B-5 2-B5 and Class B-6 2-B6 Certificates, sequentially, in that order. Funds remaining in the Group 2 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-X Certificates, up to the amount of the 2-X Required Reserve Fund Deposit for such Distribution Date.
(di) Funds in the Group 1 Basis Risk Reserve Fund shall be invested in Permitted Investments. Any earnings on amounts in the Group 1 Basis Risk Reserve Fund shall be for the benefit of the Class X-2 1-X Certificateholders. The Class X-2 1-X Certificates shall evidence ownership of the Group 1 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 X-2 1-X Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 1-X Certificateholder as to investment of funds on deposit in the Group 1 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 Group 1 Basis Risk Reserve Fund shall be treated as amounts distributed by the Upper-Tier REMIC to the Class X-2 1-X Certificateholders.
(ii) Funds in the Group 2 Basis Risk Reserve Fund shall be invested in Permitted Investments. Any earnings on amounts in the Group 2 Basis Risk Reserve Fund shall be for the benefit of the Class 2-X Certificateholders. The Class 2-X Certificates shall evidence ownership of the Group 2 Basis Risk Reserve Fund for federal income tax purposes and the Holders thereof shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Class 2-X Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class 2-X Certificateholder as to investment of funds on deposit in the Group 2 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 Group 2 Basis Risk Reserve Fund shall be treated as amounts distributed by the Upper-Tier REMIC to the Class 2-X Certificateholders.
(e) [Reserved].
(f) [Reserved].
(g) Upon termination of the Trust Fund any amounts remaining in the Group 1 Basis Risk Reserve Fund and Group 2 Basis Risk Reserve Fund shall be distributed to the Class 1-X and Class 2-X Certificateholders, respectively.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-7)
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 Holders of the Class 1II-A1AA-1, Class 2II-A1AM-1, Class 2II-A1B, Class 2-A2A, Class 2-A2B, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 M-2 and Class B-6 II-B Certificates, a 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 held by 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 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 the Trustee shall transfer from the Certificate Account to the X-2 IO Component of the Class X-2 Certificates shall instead be deposited in the Basis Risk Reserve Fund pursuant to the extent of Section 4.02(b)(v)(I)., the Required Basis Risk Reserve Fund Deposit.
(c) On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v), and then from Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on any Distribution Date the amount Amounts on deposit in the Basis Risk Reserve Fund can be withdrawn by the Trustee in connection with any Distribution Date to fund the amounts required to be distributed to holders of the Class II-A-1, Class II-M-1, Class II-M-2 and Class II-B Certificates pursuant to Sections 4.02(b)(v) E. through H. to the extent Monthly Excess Cashflow on such date is not sufficient insufficient to make a full distribution of the Basis Risk Shortfall with respect such payments. Any such amounts distributed shall be treated for federal tax purposes as amounts distributed by REMIC 3 to the Class 1II-A1AX Certificateholders. On any Distribution Date, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount any amounts on deposit in the Basis Risk Reserve Fund and distribute such amount to such Classes in excess of Certificates on a pro rata basis. On any Distribution Date for which a Basis Risk Shortfall exists with respect to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, distribute the lesser of any amounts remaining on deposit in the Required Basis Risk Reserve Fund and such Basis Risk Shortfall Amount shall be distributed to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that order.II-X Certificateholder pursuant to Section 4.02(b)(v)J.
(dc) Funds in the Basis Risk Reserve Fund shall may be invested in Permitted InvestmentsEligible Investments by the Trustee at the direction of the holder of the Class II-X Certificate. Any net investment earnings on such amounts shall be payable to the holder of the Class II-X Certificate. 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 or REMIC 3, until released from the Basis Risk Reserve Fund pursuant to this Section 4.10. The Basis Risk Reserve Fund constitutes an "outside reserve fund" within the meaning of Treasury Regulation ss.1.860G-2(h) and is not an asset of REMIC 1, REMIC 2 or REMIC 3. For all federal tax purposes, amounts transferred by the REMIC 1, REMIC 2 or REMIC 3 to the Reserve Fund shall be for the benefit of treated as amounts distributed by REMIC 1, REMIC 2 or REMIC 3 to the Class X-2 II-X Certificateholders. The Class X-2 Certificates II-X Certificate 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 Class X-2 Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of such written instructions from direction, all funds in the Basis Risk Reserve Fund shall be 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 4.10(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 Holder of the Class X-2 Certificateholder II-X Certificate in the same manner as if distributed pursuant to investment Section 4.02(b)(v)J. hereof.
(d) On the Distribution Date immediately after the Distribution Date on which the aggregate Class Principal Balance of funds the Class II-A-1, Class II-M-1, Class II-M-2 and Class II-B Certificates equals zero, any amounts on deposit in the Basis Risk Reserve FundFund not payable on the Class II-A-1, such funds Class II-M-1, Class II-M-2 or Class II-B Certificates shall be invested in money market funds as described in clause (vi) distributed to the Holder of the definition of Permitted Investments Class II-X Certificate in Article I. For all Federal income tax purposes, amounts transferred by the Upper-Tier REMIC same manner as if distributed pursuant to the Basis Risk Reserve Fund shall be treated as amounts distributed by the Upper-Tier REMIC to the Class X-2 CertificateholdersSection 4.02(b)(v)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 Securities Administrator Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A, Class 2-A2B, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 LIBOR Certificates, a Basis Risk Reserve Fund, into which the Depositor shall deposit $1,500,000.00, which amount is intended to cover the amount of Basis Risk Shortfalls, if any, on the first, second and third Distribution Dates. 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. 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, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 X Certificates shall 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 12-A1AA-1A, Class 2-A1AA-1B, Class 2-A1B, Class 2-A2A A-1C and Class 2-A2B A-2 Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 4.04 and Section 5.01(a)(v5.01(a)(iv), and then from Basis Risk Reserve Fund, Fund the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date Classes of Certificates, pursuant to Section 5.01(a)(iv5.01(a)(v). If on any Distribution Date the amount on deposit in the Basis Risk Reserve Fund is not sufficient to make a full distribution of the Basis Risk Shortfall with respect to the Class 1-A1AA, Class 2-A1AA-1A, Class 2-A1BA-1B, Class 2-A2A A-1C and Class 2-A2B Certificates A-2 Certificates, and in the case of the Class 2-A-1A, Class 2-A-1B, Class 2-A-1C and Class 2-A-2 Certificates, remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator Trustee shall withdraw the entire amount on deposit in the 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, the Securities AdministratorTrustee, after making the distributions described in the immediately preceding paragraph to the Class 1-A1AA, Class 2-A1AA-1A, Class 2-A1BA-1B, Class 2-A2A A-1C and Class 2-A2B A-2 Certificates, distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that order.
(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 X-2 X Certificateholders. The Class X-2 X 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 X-2 X Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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 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 X-2 X Certificateholders.
(e) Except as provided expressly hereunder, the Trustee shall have no obligation to invest and reinvest cash held in the Basis Risk Reserve Fund in the absence of timely and specific written investment direction from the Depositor. In no event shall the Trustee be liable for the selection of investments or for investment losses incurred thereon. The Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any investment prior to its stated maturity or the failure of the Depositor to provide timely written investment direction.
(f) The Trustee or its Affiliates are permitted to receive additional compensation that could be deemed to be in the Trustee’s economic self interest for (i) serving as investment advisor, administrator, shareholder servicing agent, custodian or sub-custodian with respect to certain Permitted Investments, (ii) using Affiliates to effect transactions in certain Permitted Investments and (iii) effecting transactions in certain Permitted Investments. The Trustee does not guarantee the performance of any Permitted Investment.
(g) Upon termination of the Trust Fund any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Class X Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-2)
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 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A, Class 2-A2B, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 1A-1 and Class B-6 2A-1 Certificates, 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, 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, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 A-X Certificates shall 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 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A 1A-1 and Class 2-A2B 2A-1 Certificates, the Securities Administrator, as Paying Agent for the Trustee, Trustee shall withdraw first from the Yield Maintenance AccountBasis Risk Reserve Fund, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v), and then from Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv5.01(a)(iii). If on any Distribution Date the amount on deposit in the Basis Risk Reserve Fund is not sufficient to make a full distribution of the Basis Risk Shortfall with respect to both of the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A 1A-1 and Class 2-A2B Certificates remaining after application of funds available therefor in the Yield Maintenance Account2A-1 Certificates, the Securities Administrator Trustee shall withdraw the entire amount on deposit in the 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to the Class 1-A1A, Class 2-A1A, Class 2-A1B, Class 2-A2A and Class 2-A2B Certificates, distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that order.
(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 X-2 A-X Certificateholders. The Class X-2 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, in writing, as to investment of amounts on deposit therein. The Class X-2 A-X Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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 Upper-Tier REMIC to the Basis Risk Reserve Fund shall be treated as amounts distributed by the Upper-Tier REMIC to the Class X-2 A-X Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-2)
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-1-A1AA, Class 2-A1AX-0X, Class 2-A1BXxxxx X-0X, Class 2-A2A, Class 2-A2BXxxxx X-0X, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, 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, 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, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 Certificates shall 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 1-A1AA-1A, Class 2-A1AA-1B, Class 2-A1B, Class 2-A2A A-2A and Class 2-A2B A-2B Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 and Section 5.01(a)(v), Account and then from Basis Risk Reserve Fund, the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 5.01(a)(iv). If on any Distribution Date the amount on deposit in the Basis Risk Reserve Fund is not sufficient to make a full distribution of the Basis Risk Shortfall with respect to the Class 1-A1AA-1A, Class 2-A1AA-1B, Class 2-A1B, Class 2-A2A A-2A and Class 2-A2B A-2B Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount on deposit in the 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to the Class 1-A1AA-1A, Class 2-A1AA-1B, Class 2-A1B, Class 2-A2A A-2A and Class 2-A2B A-2B Certificates, distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that order.
(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 X-2 Certificateholders. The Class X-2 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 X-2 Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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 X-2 Certificateholders.
(e) Upon termination of the Trust Fund any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Class X-2 Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-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 1-A1AA, Class 2-A1AA2, Class 2-A1BA3, Class 2-A2AA4A, Class 2-A2BA4B, Class 3-A2, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-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, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 X Certificates shall 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 12-A1AA3, Class 2-A1AA4A, Class 2-A1B, Class 2-A2A A4B and Class 23-A2B A2 Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 4.04 and Section 5.01(a)(v), and then from Basis Risk Reserve Fund, Fund the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date Classes of Certificates, pursuant to Section 5.01(a)(iv5.01(a)(vi). If on any Distribution Date the amount on deposit in the Basis Risk Reserve Fund is not sufficient to make a full distribution of the Basis Risk Shortfall with respect to the Class 1-A1AA, Class 2-A1AA2, Class 2-A1BA3, Class 2-A2A and A4A, Class 2-A2B A4B and Class 3-A2 Certificates remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator shall withdraw the entire amount on deposit in the 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, the Securities Administrator, after making the distributions described in the immediately preceding paragraph to the Class 1-A1AA, Class 2-A1AA2, Class 2-A1BA3, Class 2-A2A and A4A, Class 2-A2B A4B and Class 3-A2 Certificates, distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that order.
(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 X-2 X Certificateholders. The Class X-2 X 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 X-2 X Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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 Upper-Tier REMIC to the Basis Risk Reserve Fund shall be treated as amounts distributed by the Upper-Tier REMIC to the Class X-2 X Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-8)
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 1-A1AA, Class 24-A1A, Class 24-A1B, Class 24-A2AA2, Class 24-A2BA3, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-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, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the X-2 IO Component of the Class X-2 X Certificates shall 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 14-A1A, Class 2-A1A, Class 24-A1B, Class 24-A2A A2 and Class 2-A2B B-1 Certificates, the Securities Administrator, as Paying Agent for the Trustee, shall withdraw first from the Yield Maintenance Account, the amount of such Basis Risk Shortfall for distribution on such Distribution Date pursuant to Section 4.05 4.04 and Section 5.01(a)(v5.01(a)(vi), and then from Basis Risk Reserve Fund, Fund the amount of any such remaining Basis Risk Shortfall for distribution on such Distribution Date Classes of Certificates, pursuant to Section 5.01(a)(iv5.01(a)(vii). If on any Distribution Date the amount on deposit in the Basis Risk Reserve Fund is not sufficient to make a full distribution of the Basis Risk Shortfall with respect to the Class 1-A1AA, Class 24-A1A, Class 24-A1B, Class 24-A2A A2 and Class 24-A2B Certificates A3 Certificates, and in the case of the Class 4-A1A, Class 4-A1B and Class 4-A2 Certificates, remaining after application of funds available therefor in the Yield Maintenance Account, the Securities Administrator Trustee shall withdraw the entire amount on deposit in the 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 B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, the Securities AdministratorTrustee, after making the distributions described in the immediately preceding paragraph to the Class 1-A1AA, Class 24-A1A, Class 24-A1B, Class 24-A2A A2 and Class 24-A2B A3 Certificates, distribute the lesser of any amounts remaining on deposit in the Basis Risk Reserve Fund and such Basis Risk Shortfall to the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class B-6 Certificates, sequentially, in that order.
(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 X-2 X Certificateholders. The Class X-2 X 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 X-2 X Certificateholder(s) shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class X-2 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 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 X-2 X Certificateholders.
(e) Except as provided expressly hereunder, the Trustee shall have no obligation to invest and reinvest cash held in the Basis Risk Reserve Fund in the absence of timely and specific written investment direction from the Depositor. In no event shall the Trustee be liable for the selection of investments or for investment losses incurred thereon. The Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any investment prior to its stated maturity or the failure of the Depositor to provide timely written investment direction.
(f) The Trustee or its Affiliates are permitted to receive additional compensation that could be deemed to be in the Trustee’s economic self interest for (i) serving as investment advisor, administrator, shareholder servicing agent, custodian or sub-custodian with respect to certain Permitted Investments, (ii) using Affiliates to effect transactions in certain Permitted Investments and (iii) effecting transactions in certain Permitted Investments. The Trustee does not guarantee the performance of any Permitted Investment.
(g) Upon termination of the Trust Fund any amounts remaining in the Basis Risk Reserve Fund shall be distributed to the Class X Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-9)