Basis Risk Reserve Funds. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 1 Certificates, the Pool 1 Basis Risk Reserve Fund, into which LBH shall deposit $1,000. The Pool 1 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. (b) On each Distribution Date on which there is a payment received under the Group 1 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Group 1 Senior Certificates (such amount, the “Class I-CX Excess Cap Amount”), the Trustee shall distribute such Class I-CX Excess Cap Amount to the holder(s) of the Class I-CX Component pursuant to Section 5.02(h)(ix). Any such Class I-CX Excess Cap Amount shall not be an asset of the 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 I-CX Certificateholders. On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(j)(iv) of this Agreement, the Pool 1 Basis Risk Payment, if any, for such Distribution Date. (c) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 2 Certificates, the Pool 2 Basis Risk Reserve Fund, into which LBH shall deposit $1,000. The Pool 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. (d) On each Distribution Date on which there is a payment received by the Trustee under the Group 2 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Class II-A3 and Class II-A4 Certificates (such amount, the “Class II-CX Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Pool 2 Basis Risk Reserve Fund for purposes of determining the Pool 2 Required Reserve Fund Amount for any Distribution Date. Any such Class II-CX Excess Cap Amount shall not be an asset of the 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 II-CX Component of the Class II-X Certificates, and the Trustee shall distribute such amount to the Class II-CX Component of the Class II-X Certificates pursuant to Section 5.02(k)(iv)(C). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(k)(iv) of this Agreement the sum of (without duplication) (a) any payments made by the Balance Guaranteed Cap Provider to the Trust Fund for such Distribution Date with respect to the Balance Guaranteed Cap Agreement (provided, however, that payments received from the Balance Guaranteed Cap Agreement shall be for the sole benefit of the Class II-A1 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C), (b) any payments made by the Group 2 Cap Provider to the Trust Fund for such Distribution Date with respect to the Group 2 Cap Agreement (provided, however, that payments received from the Group 2 Cap Agreement shall be for the sole benefit of the Class II-A3 and Class II-A4 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C) and (c) the Pool 2 Basis Risk Payment, if any, for such Distribution Date. (e) Funds in the Pool 1 Basis Risk Reserve Fund and Pool 2 Basis Risk Reserve Fund shall be invested in Eligible Investments. The Class I-X Certificates and the Class II-X Certificates shall evidence ownership of the Pool 1 Basis Risk Reserve Fund and the Pool 2 Basis Risk Reserve Fund, respectively, for federal income tax purposes and LBH on behalf of the Holders thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. LBH shall be liable for any losses incurred on such investments. In the absence of written instructions from LBH as to investment of funds on deposit in the Pool 1 Basis Risk Reserve Fund and Pool 2 Basis Risk Reserve Fund, such funds shall remain uninvested. The Pool 1 Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 1 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the I-XS Component of the Class I-X Certificates. The Pool 2 Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 2 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the II-XS Component of the Class II-X Certificates.
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Samples: Trust Agreement (Lehman XS Trust 2007-10h), Trust Agreement (Lehman XS Trust 2007-10h)
Basis Risk Reserve Funds. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 1 Certificates, the Pool 1 Basis Risk Reserve Fund, into which LBH shall deposit $1,000. In addition, the Trustee shall hold the Group 1 Cap Agreement as an asset in the Pool 1 Basis Risk Reserve Fund. The Pool 1 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.
(b) On each Distribution Date on which there is a payment received under the Group 1 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Group 1 Senior Certificates (such amount, the “Class I1-CX X Excess Cap Amount”), the Trustee shall distribute not treat such Class I-CX Excess Cap payments as amounts on deposit in the Pool 1 Basis Risk Reserve Fund for purposes of determining the Pool 1 Required Reserve Fund Amount to the holder(s) of the Class I-CX Component pursuant to Section 5.02(h)(ix)for any Distribution Date. Any such Class I1-CX X Excess Cap Amount shall not be an asset of the 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 I1-CX X Certificateholders, and the Trustee shall distribute such amount to the Class 1-X Certificateholders pursuant to Section 5.02(h)(vi). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(j)(iv5.02(h)(iii) of this Agreement, Agreement the sum of (without duplication) (a) any payments made by the Cap Counterparty to the Trust Fund for such Distribution Date with respect to the Group 1 Cap Agreement and (b) any amounts then on deposit in the Pool 1 Basis Risk PaymentReserve Fund, if anyincluding any earnings thereon, for such in respect of the Group 1 Cap Agreement. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Pool 1 Basis Risk Reserve Fund pursuant to Section 5.02(h)(vi) of this Agreement shall remain on deposit in the Pool 1 Basis Risk Reserve Fund.
(c) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 2 Certificates, the Pool 2 Basis Risk Reserve Fund, into which LBH shall deposit $1,000. In addition, the Trustee shall hold the Group 2 Cap Agreement as an asset in the Pool 1 Basis Risk Reserve Fund. The Pool 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.
(d) On each Distribution Date on which there is a payment received by the Trustee under the Group 2 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Class II-A3 and Class II-A4 Group 2 Certificates (such amount, the “Class II2-CX X Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Pool 2 Basis Risk Reserve Fund for purposes of determining the Pool 2 Required Reserve Fund Amount for any Distribution Date. Any such Class II2-CX X Excess Cap Amount shall not be an asset of the 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 II-CX Component of the Class II2-X CertificatesCertificateholders, and the Trustee shall distribute such amount to the Class II-CX Component of the Class II2-X Certificates Certificateholders pursuant to Section 5.02(k)(iv)(C5.02(i)(vi). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(k)(iv5.02(i)(iii) of this Agreement the sum of (without duplication) (a) any payments made by the Balance Guaranteed Cap Provider to the Trust Fund for such Distribution Date with respect to the Balance Guaranteed Cap Agreement (provided, however, that payments received from the Balance Guaranteed Cap Agreement shall be for the sole benefit of the Class II-A1 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C), (b) any payments made by the Group 2 Cap Provider Counterparty to the Trust Fund for such Distribution Date with respect to the Group 2 Cap Agreement (provided, however, that payments received from the Group 2 Cap Agreement shall be for the sole benefit of the Class II-A3 and Class II-A4 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C) and (cb) the Pool 2 Basis Risk Payment, if any, for such Distribution Date.
(e) Funds any amounts then on deposit in the Pool 1 Basis Risk Reserve Fund and Pool 2 Basis Risk Reserve Fund shall be invested in Eligible Investments. The Class I-X Certificates and the Class II-X Certificates shall evidence ownership of the Pool 1 Basis Risk Reserve Fund and the Pool 2 Basis Risk Reserve Fund, respectivelyincluding any earnings thereon, for federal income tax purposes and LBH on behalf in respect of the Holders thereof Group 2 Cap Agreement. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Pool 2 Basis Risk Reserve Fund pursuant to Section 5.02(i)(vi) of this Agreement shall direct the Trustee, in writing, as to investment of amounts on deposit therein. LBH shall be liable for any losses incurred on such investments. In the absence of written instructions from LBH as to investment of funds remain on deposit in the Pool 1 Basis Risk Reserve Fund and Pool 2 Basis Risk Reserve Fund.
(e) On the Closing Date, such funds the Trustee shall remain uninvested. The establish and maintain in its name, in trust for the benefit of the holders of the Class 3-A1A and Class 3-A1B Certificates, the Pool 1 3 Basis Risk Reserve Fund will be terminated after Fund, into which LBH shall deposit $1,000. In addition, the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 1 Termination Event and any funds remaining in such fund upon such termination Trustee shall be released to the Holders of the I-XS Component of hold the Class I3-X Certificates. The A1 Cap Agreement as assets in the Pool 2 Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 2 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the II-XS Component of the Class II-X Certificates.3
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Basis Risk Reserve Funds. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 1 Certificates, the Pool 1 Basis Risk Reserve Fund, into which LBH shall deposit $1,000. In addition, the Trustee shall hold the Group 1 Cap Agreement as an asset in the Pool 1 Basis Risk Reserve Fund. The Pool 1 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.
(b) On each Distribution Date on which there is a payment received under the Group 1 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Group 1 Senior Certificates (such amount, the “Class I1-CX X Excess Cap Amount”), the Trustee shall distribute not treat such Class I-CX Excess Cap payments as amounts on deposit in the Pool 1 Basis Risk Reserve Fund for purposes of determining the Pool 1 Required Reserve Fund Amount to the holder(s) of the Class I-CX Component pursuant to Section 5.02(h)(ix)for any Distribution Date. Any such Class I1-CX X Excess Cap Amount shall not be an asset of the 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 I1-CX X Certificateholders, and the Trustee shall distribute such amount to the Class 1-X Certificateholders pursuant to Section 5.02(f)(vi). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(j)(iv5.02(f)(iii) of this Agreement, Agreement the sum of (without duplication) (a) any payments made by the Cap Counterparty to the Trust Fund for such Distribution Date with respect to the Group 1 Cap Agreement and (b) any amounts then on deposit in the Pool 1 Basis Risk PaymentReserve Fund, if anyincluding any earnings thereon, for such in respect of the Group 1 Cap Agreement. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Pool 1 Basis Risk Reserve Fund pursuant to Section 5.02(f)(vi) of this Agreement shall remain on deposit in the Pool 1 Basis Risk Reserve Fund.
(c) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 2 Certificates, the Pool 2 Basis Risk Reserve Fund, into which LBH shall deposit $1,000. In addition, the Trustee shall hold the Class 2-A1A Cap Agreement as an asset in the Pool 2 Basis Risk Reserve Fund. The Pool 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.
(d) On each Distribution Date on which there is a payment received by the Trustee under the Group 2 Class 2-A1A Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Class II2-A3 and Class II-A4 A1A Certificates (such amount, the “Class II2-CX X Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Pool 2 Basis Risk Reserve Fund for purposes of determining the Pool 2 Required Reserve Fund Amount for any Distribution Date. Any such Class II2-CX X Excess Cap Amount shall not be an asset of the 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 II-CX Component of the Class II2-X CertificatesCertificateholders, and the Trustee shall distribute such amount to the Class II-CX Component of the Class II2-X Certificates Certificateholders pursuant to Section 5.02(k)(iv)(C5.02(i)(vi). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(k)(iv5.02(g)(iii) of this Agreement the sum of (without duplication) (a) any payments made by the Balance Guaranteed Cap Provider Counterparty to the Trust Fund for such Distribution Date with respect to the Balance Guaranteed Class 2-A1A Cap Agreement (provided, however, that payments received from the Balance Guaranteed Cap Agreement shall be for the sole benefit of the Class II-A1 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C), and (b) any payments made by the Group 2 Cap Provider to the Trust Fund for such Distribution Date with respect to the Group 2 Cap Agreement (provided, however, that payments received from the Group 2 Cap Agreement shall be for the sole benefit of the Class II-A3 and Class II-A4 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C) and (c) amounts then on deposit in the Pool 2 Basis Risk PaymentReserve Fund, if anyincluding any earnings thereon, for such in respect of the Class 2-A1A Cap Agreement. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Pool 2 Basis Risk Reserve Fund pursuant to Section 5.02(g)(vi) of this Agreement shall remain on deposit in the Pool 2 Basis Risk Reserve Fund.
(e) Funds in the Pool 1 Basis Risk Reserve Fund and the Pool 2 Basis Risk Reserve Fund shall be invested in Eligible Investments. The Class I-X Certificates and the Class II1-X Certificates shall evidence ownership of the Pool 1 Basis Risk Reserve Fund for federal income tax purposes and the Class 2-X Certificates shall evidence ownership of the Pool 2 Basis Risk Reserve Fund, respectively, Fund for federal income tax purposes and LBH on behalf of the Holders thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. LBH shall be liable for any losses incurred on such investments. In the absence of written instructions from LBH as to investment of funds on deposit in the Pool 1 Basis Risk Reserve Fund and the Pool 2 Basis Risk Reserve Fund, such funds shall remain uninvested. The Pool 1 Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 1 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the I-XS Component of the Class I-X Certificates. The Pool 2 Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 2 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the II-XS Component of the Class II-X Certificates.
Appears in 1 contract
Basis Risk Reserve Funds. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 1 Certificates, the Pool 1 Basis Risk Reserve Fund, into which LBH shall deposit $1,000. In addition, the Trustee shall hold the Group 1 Cap Agreement as an asset in the Pool 1 Basis Risk Reserve Fund. The Pool 1 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.
(b) On each Distribution Date on which there is a payment received under the Group 1 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Group 1 Senior Certificates (such amount, the “Class IC-CX X Excess Cap Amount”), the Trustee shall distribute such Class IC-CX X Excess Cap Amount to the holder(s) of the Class IC-CX Component X Certificateholders pursuant to Section 5.02(h)(ix5.02(f)(iv). Any such Class I-CX Excess Cap Amount shall not be an asset of the 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 I-CX Certificateholders. On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(j)(iv5.02(f)(iv) of this Agreement, Agreement the sum of (without duplication) (a) any payments made by the Cap Counterparty to the Trust Fund for such Distribution Date with respect to the Group 1 Cap Agreement and (b) any amounts then on deposit in the Pool 1 Basis Risk PaymentReserve Fund, if any, for such including any earnings thereon. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Pool 1 Basis Risk Reserve Fund pursuant to Section 5.02(f)(iv) of this Agreement shall remain on deposit in the Pool 1 Basis Risk Reserve Fund.
(c) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 2 Certificates, the Pool 2 Basis Risk Reserve Fund, into which LBH shall deposit $1,000. The Pool 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.
(d) On each Distribution Date on which there is a payment received by the Trustee under the Group 2 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Class II-A3 and Class II-A4 Certificates (such amount, the “Class II-CX Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Pool 2 Basis Risk Reserve Fund for purposes of determining the Pool 2 Required Reserve Fund Amount for any Distribution Date. Any such Class II-CX Excess Cap Amount shall not be an asset of the 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 II-CX Component of the Class II-X Certificates, and the Trustee shall distribute such amount to the Class II-CX Component of the Class II-X Certificates pursuant to Section 5.02(k)(iv)(C). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(k)(iv5.02(g)(iv) of this Agreement the sum of (without duplication) (a) any payments made by the Balance Guaranteed Cap Provider to the Trust Fund for such Distribution Date with respect to the Balance Guaranteed Cap Agreement (provided, however, that payments received from the Balance Guaranteed Cap Agreement shall be for the sole benefit of the Class II-A1 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C), (b) any payments made by the Group 2 Cap Provider to the Trust Fund for such Distribution Date with respect to the Group 2 Cap Agreement (provided, however, that payments received from the Group 2 Cap Agreement shall be for the sole benefit of the Class II-A3 and Class II-A4 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C) and (c) amounts then on deposit in the Pool 2 Basis Risk PaymentReserve Fund, if any, for such including any earnings thereon. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Pool 2 Basis Risk Reserve Fund pursuant to Section 5.02(g)(iv) of this Agreement shall remain on deposit in the Pool 2 Basis Risk Reserve Fund.
(e) Funds in the Pool 1 Basis Risk Reserve Fund and Pool 2 Basis Risk Reserve Fund shall be invested in Eligible Investments. The Class IC-X Certificates and the Class II2-X Certificates shall evidence ownership of the Pool 1 Basis Risk Reserve Fund and the Pool 2 Basis Risk Reserve Fund, respectively, for federal income tax purposes and LBH on behalf of the Holders thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. LBH shall be liable for any losses incurred on such investments. In the absence of written instructions from LBH as to investment of funds on deposit in the Pool 1 Basis Risk Reserve Fund and Pool 2 Basis Risk Reserve Fund, such funds shall remain uninvested. The Pool 1 Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 1 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the I-XS Component of the Class I-X CertificatesEvent. The Pool 2 Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 2 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the II-XS Component of the Class II-X CertificatesEvent.
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Basis Risk Reserve Funds. (a) On With respect to each Mortgage Pool, on the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 1 Class A1, Class A2, Class AIO, Class M1, Class M2 and Class B Certificates, the Pool 1 a Basis Risk Reserve FundFund with respect to each Mortgage Pool, into each of which LBH the Depositor shall deposit $1,000. The Pool 1 Each 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.
(b) On each Distribution Date on which there the Net Excess Spread for any Mortgage Pool is a payment received under the Group 1 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Group 1 Senior Certificates (such amount, the “Class I-CX Excess Cap Amount”)less than 0.25%, the Trustee shall distribute transfer the Required Reserve Fund Deposit for such Class I-CX Excess Cap Amount Mortgage Pool from the Certificate Account to the holder(s) of the Class I-CX Component Basis Risk Reserve Fund for such Mortgage Pool pursuant to Section 5.02(h)(ix5.02(e)(xi). Any such Class I-CX Excess Cap Amount shall not be an asset of the 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 I-CX Certificateholders. On each Distribution Date the The Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(j)(iv) of this Agreement, the Pool 1 make withdrawals from such Basis Risk Payment, if any, for such Distribution DateReserve Fund to make distributions pursuant to Section 5.02(e)(ii).
(c) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 2 Certificates, the Pool 2 Basis Risk Reserve Fund, into which LBH shall deposit $1,000. The Pool 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.
(d) On each Distribution Date on which there is a payment received by the Trustee under the Group 2 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Class II-A3 and Class II-A4 Certificates (such amount, the “Class II-CX Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Pool 2 Basis Risk Reserve Fund for purposes of determining the Pool 2 Required Reserve Fund Amount for any Distribution Date. Any such Class II-CX Excess Cap Amount shall not be an asset of the 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 II-CX Component of the Class II-X Certificates, and the Trustee shall distribute such amount to the Class II-CX Component of the Class II-X Certificates pursuant to Section 5.02(k)(iv)(C). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(k)(iv) of this Agreement the sum of (without duplication) (a) any payments made by the Balance Guaranteed Cap Provider to the Trust Fund for such Distribution Date with respect to the Balance Guaranteed Cap Agreement (provided, however, that payments received from the Balance Guaranteed Cap Agreement shall be for the sole benefit of the Class II-A1 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C), (b) any payments made by the Group 2 Cap Provider to the Trust Fund for such Distribution Date with respect to the Group 2 Cap Agreement (provided, however, that payments received from the Group 2 Cap Agreement shall be for the sole benefit of the Class II-A3 and Class II-A4 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C) and (c) the Pool 2 Basis Risk Payment, if any, for such Distribution Date.
(e) Funds in the Pool 1 Basis Risk Reserve Fund and Pool 2 each Basis Risk Reserve Fund shall be invested in Eligible Permitted Investments. The Any earnings on such amounts shall be distributed to the related Class I-X Certificates and the Certificate pursuant to Section 5.02(e)(xii). Each Class II-X Certificates Certificate shall evidence ownership of the Pool 1 related Basis Risk Reserve Fund and the Pool 2 Basis Risk Reserve Fund, respectively, 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. LBH shall be liable for any losses incurred on such investments. In the absence of written instructions from LBH any Class X Certificateholder as to investment of funds on deposit in the Pool 1 Basis Risk Reserve Fund and Pool 2 related Basis Risk Reserve Fund, such funds shall remain uninvestedbe invested in the Trustee's Corporate Trust Short Term Investment Fund. The Pool 1 Any amounts on deposit in the Basis Risk Reserve Fund will for a Mortgage Pool in excess of the related Required Reserve Fund Deposit on any Distribution Date shall be terminated after distributed to the earlier related Class X Certificates on the following Distribution Date.
(d) Upon termination of (A) a Section 7.01(d) Purchase Event or (B) a Pool 1 Termination Event and the Trust Fund, any funds amounts remaining in such fund upon such termination shall be released to the Holders of the I-XS Component of the Class I-X Certificates. The Pool 2 any Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 2 Termination Event and any funds remaining in such fund upon such termination shall be released distributed to the Holders of the II-XS Component of the related Class II-X CertificatesCertificateholder pursuant to Section 5.02(e)(xii).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 1999-Bc1)
Basis Risk Reserve Funds. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 1 Certificates, the Pool 1 Basis Risk Reserve Fund, into which LBH shall deposit $1,000. The Pool 1 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.
(b) On each Distribution Date on which there is a payment received under the Group 1 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Group 1 Senior Certificates (such amount, the “Class I-CX Excess Cap Amount”), the Trustee shall distribute such Class I-CX Excess Cap Amount to the holder(s) of the Class I-CX Component pursuant to Section 5.02(h)(ix). Any such Class I-CX Excess Cap Amount shall not be an asset of the 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 I-CX Certificateholders. On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(j)(iv5.02(f)(iii) of this Agreement, Agreement (without duplication) any amounts then on deposit in the Pool 1 Basis Risk PaymentReserve Fund, if any, for such including any earnings thereon. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Pool 1 Basis Risk Reserve Fund pursuant to Section 5.02(f)(iii) of this Agreement shall remain on deposit in the Pool 1 Basis Risk Reserve Fund.
(c) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 2 Certificates, the Pool 2 Basis Risk Reserve Fund, into which LBH shall deposit $1,000. In addition, the Trustee shall hold the Class 2-A1A Cap Agreement as an asset in the Pool 2 Basis Risk Reserve Fund. The Pool 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.
(d) On each Distribution Date on which there is a payment received by the Trustee under the Group 2 Class 2-A1A Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Class II2-A3 and Class II-A4 A1A Certificates (such amount, the “Class II2-CX X Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Pool 2 Basis Risk Reserve Fund for purposes of determining the Pool 2 Required Reserve Fund Amount for any Distribution Date. Any such Class II2-CX X Excess Cap Amount shall not be an asset of the 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 II-CX Component of the Class II2-X CertificatesCertificateholders, and the Trustee shall distribute such amount to the Class II-CX Component of the Class II2-X Certificates Certificateholders pursuant to Section 5.02(k)(iv)(C5.02(g)(iii). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(k)(iv5.02(g)(iii) of this Agreement the sum of (without duplication) (a) any payments made by the Balance Guaranteed Cap Provider Counterparty to the Trust Fund for such Distribution Date with respect to the Balance Guaranteed Class 2-A1A Cap Agreement (provided, however, that payments received from the Balance Guaranteed Cap Agreement shall be for the sole benefit of the Class II-A1 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C), and (b) any payments made by the Group 2 Cap Provider to the Trust Fund for such Distribution Date with respect to the Group 2 Cap Agreement (provided, however, that payments received from the Group 2 Cap Agreement shall be for the sole benefit of the Class II-A3 and Class II-A4 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C) and (c) amounts then on deposit in the Pool 2 Basis Risk PaymentReserve Fund, if anyincluding any earnings thereon, for such in respect of the Class 2-A1A Cap Agreement. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Pool 2 Basis Risk Reserve Fund pursuant to Section 5.02(g)(iii) of this Agreement shall remain on deposit in the Pool 2 Basis Risk Reserve Fund.
(e) Funds in the Pool 1 Basis Risk Reserve Fund and the Pool 2 Basis Risk Reserve Fund shall be invested in Eligible Investments. The Class I-X Certificates and the Class II1-X Certificates shall evidence ownership of the Pool 1 Basis Risk Reserve Fund for federal income tax purposes and the Class 2-X Certificates shall evidence ownership of the Pool 2 Basis Risk Reserve Fund, respectively, Fund for federal income tax purposes and LBH on behalf of the Holders thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. LBH shall be liable for any losses incurred on such investments. In the absence of written instructions from LBH as to investment of funds on deposit in the Pool 1 Basis Risk Reserve Fund and the Pool 2 Basis Risk Reserve Fund, such funds shall remain uninvested. The Pool 1 Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 1 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the I-XS Component of the Class I-X CertificatesEvent. The Pool 2 Basis Risk Reserve Fund will be terminated after the earlier of (Ai) a Section 7.01(d) Purchase Event or the termination of the Class 2-A1A Interest Rate Cap Agreement and (Bii) a Pool 2 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the II-XS Component of the Class II-X CertificatesEvent.
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Basis Risk Reserve Funds. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 1 Certificates, the Pool 1 Basis Risk Reserve Fund, into which LBH shall deposit $1,000. In addition, the Trustee shall hold the Class 1-A1 Cap Agreement as an asset in the Pool 1 Basis Risk Reserve Fund. The Pool 1 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.
(b) On each Distribution Date on which there is a payment received under the Group 1 Class 1-A1 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Group 1 Senior Class 1-A1 Certificates (such amount, the “Class I1-CX X Excess Cap Amount”), the Trustee shall distribute such Class I1-CX X Excess Cap Amount to the holder(s) of the Class I1-CX Component X Certificateholders pursuant to Section 5.02(h)(ix5.02(f)(iii). Any such Class I-CX Excess Cap Amount shall not be an asset of the 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 I-CX Certificateholders. On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(j)(iv5.02(f)(iii) of this Agreement, Agreement the sum of (without duplication) (a) any payments made by the Cap Counterparty to the Trust Fund for such Distribution Date with respect to the Class 1-A1 Cap Agreement and (b) any amounts then on deposit in the Pool 1 Basis Risk PaymentReserve Fund, if any, for such including any earnings thereon. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Pool 1 Basis Risk Reserve Fund pursuant to Section 5.02(f)(iii) of this Agreement shall remain on deposit in the Pool 1 Basis Risk Reserve Fund.
(c) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 2 Certificates, the Pool 2 Basis Risk Reserve Fund, into which LBH shall deposit $1,000. The Pool 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.
(d) On each Distribution Date on which there is a payment received by the Trustee under the Group 2 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Class II-A3 and Class II-A4 Certificates (such amount, the “Class II-CX Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Pool 2 Basis Risk Reserve Fund for purposes of determining the Pool 2 Required Reserve Fund Amount for any Distribution Date. Any such Class II-CX Excess Cap Amount shall not be an asset of the 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 II-CX Component of the Class II-X Certificates, and the Trustee shall distribute such amount to the Class II-CX Component of the Class II-X Certificates pursuant to Section 5.02(k)(iv)(C). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(k)(iv5.02(g)(iii) of this Agreement the sum of (without duplication) (a) any payments made by the Balance Guaranteed Cap Provider to the Trust Fund for such Distribution Date with respect to the Balance Guaranteed Cap Agreement (provided, however, that payments received from the Balance Guaranteed Cap Agreement shall be for the sole benefit of the Class II-A1 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C), (b) any payments made by the Group 2 Cap Provider to the Trust Fund for such Distribution Date with respect to the Group 2 Cap Agreement (provided, however, that payments received from the Group 2 Cap Agreement shall be for the sole benefit of the Class II-A3 and Class II-A4 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C) and (c) amounts then on deposit in the Pool 2 Basis Risk PaymentReserve Fund, if any, for such including any earnings thereon. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Pool 2 Basis Risk Reserve Fund pursuant to Section 5.02(g)(iii) of this Agreement shall remain on deposit in the Pool 2 Basis Risk Reserve Fund.
(e) Funds in the Pool 1 Basis Risk Reserve Fund and the Pool 2 Basis Risk Reserve Fund shall be invested in Eligible Investments. The Class I-X Certificates and the Class II1-X Certificates shall evidence ownership of the Pool 1 Basis Risk Reserve Fund for federal income tax purposes and the Class 2-X Certificates shall evidence ownership of the Pool 2 Basis Risk Reserve Fund, respectively, Fund for federal income tax purposes and LBH on behalf of the Holders thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. LBH shall be liable for any losses incurred on such investments. In the absence of written instructions from LBH as to investment of funds on deposit in the Pool 1 Basis Risk Reserve Fund and the Pool 2 Basis Risk Reserve Fund, such funds shall remain uninvested. The Pool 1 Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 1 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the I-XS Component of the Class I-X CertificatesEvent. The Pool 2 Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 2 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the II-XS Component of the Class II-X CertificatesEvent.
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Basis Risk Reserve Funds. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 1 I Certificates, the Pool 1 1-2 Basis Risk Reserve Fund, into which LBH shall initially deposit $1,000. The Pool 1 1-2 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.
(b) On each Distribution Date on which there is a payment received under the Group 1 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Group 1 Senior Certificates (such amount, the “Class I-CX Excess Cap Amount”), the Trustee shall distribute such Class I-CX Excess Cap Amount to the holder(s(or Paying Agent) of the Class I-CX Component pursuant to Section 5.02(h)(ix). Any such Class I-CX Excess Cap Amount shall not be an asset of the 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 I-CX Certificateholders. On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(j)(iv5A.02(e)(iv) of this Agreement, Agreement any amounts then on deposit in the Pool 1 1-2 Basis Risk PaymentReserve Fund, if any, for such including any earnings thereon. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Pool 1-2 Basis Risk Reserve Fund pursuant to Section 5A.02(e)(iv) shall remain on deposit in the Pool 1-2 Basis Risk Reserve Fund.
(c) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 2 II Certificates, the Pool 2 3 Basis Risk Reserve Fund, into which LBH shall initially deposit $1,000. The Pool 2 3 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.
(d) On each Distribution Date on which there is a payment received by the Trustee under the Group 2 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Class II-A3 and Class II-A4 Certificates (such amount, the “Class II-CX Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Pool 2 Basis Risk Reserve Fund for purposes of determining the Pool 2 Required Reserve Fund Amount for any Distribution Date. Any such Class II-CX Excess Cap Amount shall not be an asset of the 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 II-CX Component of the Class II-X Certificates, and the Trustee shall distribute such amount to the Class II-CX Component of the Class II-X Certificates pursuant to Section 5.02(k)(iv)(C). On each Distribution Date the Trustee or Paying Agent) shall distribute in the order of priority and to the extent specified in Section 5.02(k)(iv5B.02(d)(iv) of this Agreement any amounts then on deposit in the sum of (without duplication) (a) Pool 3 Basis Risk Reserve Fund, including any payments made by earnings thereon. On any Distribution Date, any amounts that the Balance Guaranteed Cap Provider Trustee is not required to the Trust Fund for such Distribution Date with respect to the Balance Guaranteed Cap Agreement (provided, however, that payments received distribute from the Balance Guaranteed Cap Agreement shall be for the sole benefit of the Class II-A1 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, Pool 3 Basis Risk Reserve Fund pursuant to Section 5.02(k)(iv)(C), (b5B.02(d)(iv) any payments made by the Group 2 Cap Provider to the Trust Fund for such Distribution Date with respect to the Group 2 Cap Agreement (provided, however, that payments received from the Group 2 Cap Agreement shall be for the sole benefit of the Class II-A3 and Class II-A4 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C) and (c) remain on deposit in the Pool 2 3 Basis Risk Payment, if any, for such Distribution DateReserve Fund.
(e) Funds in the Pool 1 1-2 Basis Risk Reserve Fund and the Pool 2 3 Basis Risk Reserve Fund shall be invested in Eligible Investments. The Class I-X Certificates shall evidence ownership of the Pool 1-2 Basis Risk Reserve Fund for federal income tax purposes and the Class II-X Certificates shall evidence ownership of the Pool 1 3 Basis Risk Reserve Fund and the Pool 2 Basis Risk Reserve Fund, respectively, for federal income tax purposes and LBH on behalf of the Holders thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. LBH shall be liable for any losses incurred on such investments. In the absence of written instructions from LBH as to investment of funds on deposit in the Pool 1 1-2 Basis Risk Reserve Fund and the Pool 2 3 Basis Risk Reserve Fund, such funds shall remain uninvested. The Pool 1 1-2 Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 1 1-2 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the I-XS Component of the Class I-X Certificates. The Pool 2 3 Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 2 3 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the II-XS Component of the Class II-X Certificates.
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Basis Risk Reserve Funds. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 1 Certificates, the Pool 1 Basis Risk Reserve Fund, into which LBH shall deposit $1,000. In addition, the Trustee shall hold the Class 1-A1 Cap Agreement as an asset in the Pool 1 Basis Risk Reserve Fund. The Pool 1 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.
(b) On each Distribution Date on which there is a payment received under the Group 1 Class 1-A1 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Group 1 Senior Class 1-A1 Certificates (such amount, the “Class I1-CX X Excess Cap Amount”), the Trustee shall distribute such Class I1-CX X Excess Cap Amount to the holder(s) of the Class I1-CX Component X Certificateholders pursuant to Section 5.02(h)(ix5.02(f)(iii). Any such Class I-CX Excess Cap Amount shall not be an asset of the 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 I-CX Certificateholders. On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(j)(iv5.02(f)(iii) of this Agreement, Agreement the sum of (without duplication) (a) any payments made by the Cap Counterparty to the Trust Fund for such Distribution Date with respect to the Class 1-A1 Cap Agreement and (b) any amounts then on deposit in the Pool 1 Basis Risk PaymentReserve Fund, if any, for such including any earnings thereon. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Pool 1 Basis Risk Reserve Fund pursuant to Section 5.02(f)(iii) of this Agreement shall remain on deposit in the Pool 1 Basis Risk Reserve Fund.
(c) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 2 Certificates, the Pool 2 Basis Risk Reserve Fund, into which LBH shall deposit $1,000. In addition, the Trustee shall hold the Class 2-A1 Cap Agreement as an asset in the Pool 2 Basis Risk Reserve Fund. The Pool 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.
(d) On each Distribution Date on which there is a payment received by the Trustee under the Group 2 Class 2-A1 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Class II2-A3 and Class II-A4 A1 Certificates (such amount, the “Class II2-CX X Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Pool 2 Basis Risk Reserve Fund for purposes of determining the Pool 2 Required Reserve Fund Amount for any Distribution Date. Any distribute such Class II2-CX X Excess Cap Amount shall not be an asset of the 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 II-CX Component of the Class II-X Certificates, and the Trustee shall distribute such amount to the Class II-CX Component of the Class II2-X Certificates Certificateholders pursuant to Section 5.02(k)(iv)(C5.02(g)(iii). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(k)(iv5.02(g)(iii) of this Agreement the sum of (without duplication) (a) any payments made by the Balance Guaranteed Cap Provider Counterparty to the Trust Fund for such Distribution Date with respect to the Balance Guaranteed Class 2-A1 Cap Agreement (provided, however, that payments received from the Balance Guaranteed Cap Agreement shall be for the sole benefit of the Class II-A1 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C), and (b) any payments made by the Group 2 Cap Provider to the Trust Fund for such Distribution Date with respect to the Group 2 Cap Agreement (provided, however, that payments received from the Group 2 Cap Agreement shall be for the sole benefit of the Class II-A3 and Class II-A4 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C) and (c) amounts then on deposit in the Pool 2 Basis Risk PaymentReserve Fund, if any, for such including any earnings thereon. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Pool 2 Basis Risk Reserve Fund pursuant to Section 5.02(g)(iii) of this Agreement shall remain on deposit in the Pool 2 Basis Risk Reserve Fund.
(e) Funds in the Pool 1 Basis Risk Reserve Fund and the Pool 2 Basis Risk Reserve Fund shall be invested in Eligible Investments. The Class I-X Certificates and the Class II1-X Certificates shall evidence ownership of the Pool 1 Basis Risk Reserve Fund for federal income tax purposes and the Class 2-X Certificates shall evidence ownership of the Pool 2 Basis Risk Reserve Fund, respectively, Fund for federal income tax purposes and LBH on behalf of the Holders thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. LBH shall be liable for any losses incurred on such investments. In the absence of written instructions from LBH as to investment of funds on deposit in the Pool 1 Basis Risk Reserve Fund and the Pool 2 Basis Risk Reserve Fund, such funds shall remain uninvested. The Pool 1 Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 1 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the I-XS Component of the Class I-X CertificatesEvent. The Pool 2 Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 2 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the II-XS Component of the Class II-X CertificatesEvent.
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Basis Risk Reserve Funds. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 1 Certificates, the Pool 1 Initial Basis Risk Reserve Fund, into which LBH .
(i) Xxxxxx Brothers Holdings Inc. (“LBH”) shall deposit $1,0001,000 into the Initial Basis Risk Reserve Fund. In addition, the Trustee shall hold the Initial Cap Agreement as an asset in the Initial Basis Risk Reserve Fund. The Pool 1 Initial 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.
(bii) On each Distribution Date on which there is a payment received by the Trustee under the Group 1 Initial Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Group 1 Senior Class 1-A, Class 2-A1, Class 2-A2, Class A3, Class M1, Class M2, Class M3, Class M4, Class M5, Class M6 and Class B Certificates (such amount, the “Class I-CX X1 Excess Cap Amount”), the Trustee shall distribute not treat such Class I-CX Excess Cap payments as amounts on deposit in the Initial Basis Risk Reserve Fund for purposes of determining the Required Reserve Fund Amount to the holder(s) of the Class I-CX Component pursuant to Section 5.02(h)(ix)for any Distribution Date. Any such Class I-CX X1 Excess Cap Amount shall not be an asset of the 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 I-CX CertificateholdersX1 Certificateholders (and for federal income tax purposes, will have the tax treatment specified in Section 10.01(l)), and the Trustee shall distribute such amount to the Class X1 Certificateholders pursuant to Section 5.02(e)(iii)(J). On each Distribution Date the Trustee, based on the information in the related monthly report delivered to the Trustee pursuant to Section 4.03 hereof, shall distribute (A) in the order of priority and to the extent specified in Section 5.02(j)(iv5.02(e)(iii) of this Agreement, any payments made by the Pool 1 Initial Cap Provider to the Trust Fund for such Distribution Date with respect to the Initial Cap Agreement and (B) in the order of priority and to the extent specified in Section 5.02(e)(v) of this Agreement the sum of (a) Basis Risk Payment, if any, for such Distribution DateDate and (b) any amounts then on deposit in the Initial Basis Risk Reserve Fund, including any earnings thereon, in respect of the Initial Cap Agreement.
(ciii) Funds in the Initial Basis Risk Reserve Fund shall be invested in Eligible Investments. The Class X1 Certificate shall evidence ownership of the Initial Basis Risk Reserve Fund for federal income tax purposes and LBH on behalf of the Holder thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. LBH shall be liable for any losses incurred on such investments. In the absence of written instructions from LBH as to investment of funds on deposit in the Initial Basis Risk Reserve Fund, such funds shall be invested in the Xxxxx Fargo Prime Money Market Fund Investment Account.
(b) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 2 Class 1-A, Class 2-A1 and Class X2 Certificates, the Pool 2 Supplementary Basis Risk Reserve Fund, into which LBH .
(i) The Trustee shall deposit $1,000hold the Supplementary Cap Agreement as an asset in the Supplementary Basis Risk Reserve Fund. The Pool 2 Supplementary 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.
(dii) On each Distribution Date on which there is a payment received by the Trustee under the Group 2 Supplementary Cap Agreement, the Trustee, based on the information in the related monthly report delivered to the Trustee pursuant to Section 4.03 hereof, shall distribute in the order of priority and to the extent specified in Section 5.02(e)(iv) any payments made by the Supplementary Cap Provider to the Trust Fund for such Distribution Date with respect to the Supplementary Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of to the Class II1-A3 A, Class 2-A1 and Class II-A4 Certificates (such amount, the “Class II-CX Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Pool 2 Basis Risk Reserve Fund for purposes of determining the Pool 2 Required Reserve Fund Amount for any Distribution DateX2 Certificateholders. Any such amounts paid to the Class II-CX Excess Cap Amount X2 Certificateholders shall not be an asset of the 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 II-CX Component of X2 Certificateholders(and for federal income tax purposes, will have the Class II-X Certificates, and the Trustee shall distribute such amount to the Class II-CX Component of the Class II-X Certificates pursuant to Section 5.02(k)(iv)(C). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent tax treatment specified in Section 5.02(k)(iv) of this Agreement the sum of (without duplication) (a) any payments made by the Balance Guaranteed Cap Provider to the Trust Fund for such Distribution Date with respect to the Balance Guaranteed Cap Agreement (provided, however, that payments received from the Balance Guaranteed Cap Agreement shall be for the sole benefit of the Class II-A1 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C10.01(m), (b) any payments made by the Group 2 Cap Provider to the Trust Fund for such Distribution Date with respect to the Group 2 Cap Agreement (provided, however, that payments received from the Group 2 Cap Agreement shall be for the sole benefit of the Class II-A3 and Class II-A4 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C) and (c) the Pool 2 Basis Risk Payment, if any, for such Distribution Date).
(eiii) Funds in the Pool 1 Basis Risk Reserve Fund and Pool 2 Supplementary Basis Risk Reserve Fund shall be invested in Eligible Investments. The Class I-X Certificates and the Class II-X Certificates X2 Certificate shall evidence ownership of the Pool 1 Supplementary Basis Risk Reserve Fund and the Pool 2 Basis Risk Reserve Fund, respectively, 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. LBH shall be liable for any losses incurred on such investments. In the absence of written instructions from LBH as to investment of funds on deposit in the Pool 1 Basis Risk Reserve Fund and Pool 2 Supplementary Basis Risk Reserve Fund, such funds shall remain uninvested. The Pool 1 Basis Risk Reserve be invested in the Xxxxx Fargo Prime Money Market Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 1 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the I-XS Component of the Class I-X Certificates. The Pool 2 Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 2 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the II-XS Component of the Class II-X CertificatesInvestment Account.
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Samples: Trust Agreement (Wells Fargo Home Equity Trust Mort Pass Thru Cert Ser 2004-1)
Basis Risk Reserve Funds. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 1 Senior Certificates, Group 2 Senior Certificates and the Group 1-2 Subordinate Certificates, the Pool 1 1-2 Basis Risk Reserve Fund, into which LBH shall initially deposit $1,000. The Pool 1 1-2 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.
(b) On each Distribution Date on which there is a payment received under the Group 1 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Group 1 Senior Certificates (such amount, the “Class I-CX Excess Cap Amount”), the Trustee shall distribute such Class I-CX Excess Cap Amount to the holder(s(or Paying Agent) of the Class I-CX Component pursuant to Section 5.02(h)(ix). Any such Class I-CX Excess Cap Amount shall not be an asset of the 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 I-CX Certificateholders. On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(j)(iv5.02(g)(iv) of this Agreement, Agreement any amounts then on deposit in the Pool 1 1-2 Basis Risk PaymentReserve Fund, if any, for such including any earnings thereon. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Pool 1-2 Basis Risk Reserve Fund pursuant to Section 5.02(g)(iv) shall remain on deposit in the Pool 1-2 Basis Risk Reserve Fund.
(c) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 2 3 Certificates, the Pool 2 3 Basis Risk Reserve Fund, into which LBH shall initially deposit $1,000. The Pool 2 3 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.
(d) On each Distribution Date on which there is a payment received by the Trustee under the Group 2 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Class II-A3 and Class II-A4 Certificates (such amount, the “Class II-CX Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Pool 2 Basis Risk Reserve Fund for purposes of determining the Pool 2 Required Reserve Fund Amount for any Distribution Date. Any such Class II-CX Excess Cap Amount shall not be an asset of the 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 II-CX Component of the Class II-X Certificates, and the Trustee shall distribute such amount to the Class II-CX Component of the Class II-X Certificates pursuant to Section 5.02(k)(iv)(C). On each Distribution Date the Trustee or Paying Agent) shall distribute in the order of priority and to the extent specified in Section 5.02(k)(iv5.02(h)(iii) of this Agreement any amounts then on deposit in the sum of (without duplication) (a) Pool 3 Basis Risk Reserve Fund, including any payments made by earnings thereon. On any Distribution Date, any amounts that the Balance Guaranteed Cap Provider Trustee is not required to the Trust Fund for such Distribution Date with respect to the Balance Guaranteed Cap Agreement (provided, however, that payments received distribute from the Balance Guaranteed Cap Agreement shall be for the sole benefit of the Class IIPool 1-A1 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, 2 Basis Risk Reserve Fund pursuant to Section 5.02(k)(iv)(C), (b5.02(h)(iii) any payments made by the Group 2 Cap Provider to the Trust Fund for such Distribution Date with respect to the Group 2 Cap Agreement (provided, however, that payments received from the Group 2 Cap Agreement shall be for the sole benefit of the Class II-A3 and Class II-A4 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C) and (c) remain on deposit in the Pool 1-2 Basis Risk Payment, if any, for such Distribution DateReserve Fund.
(e) Funds in the Pool 1 1-2 Basis Risk Reserve Fund and Pool 2 3 Basis Risk Reserve Fund shall be invested in Eligible Investments. The Class I-X Certificates and the Class II-X Certificates shall evidence ownership of the Pool 1 1-2 Basis Risk Reserve Fund and for federal income tax purposes, the Class 3-X Certificate shall evidence ownership of the Pool 2 3 Basis Risk Reserve Fund, respectively, Fund for federal income tax purposes and LBH on behalf of the Holders thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. LBH shall be liable for any losses incurred on such investments. In the absence of written instructions from LBH as to investment of funds on deposit in the Pool 1 1-2 Basis Risk Reserve Fund and Pool 2 3 Basis Risk Reserve Fund, such funds shall remain uninvested. The Pool 1 Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 1 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the I1-XS Component of the Class I-X Certificates. The Pool 2 Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 1-2 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the II1-XS 2-X Component of the Class IIX Certificates. The Pool 3 Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 3 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the Class 3-X Certificates.
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Basis Risk Reserve Funds. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 1 Certificates, the Pool 1 Basis Risk Reserve Fund, into which LBH shall deposit $1,000. In addition, the Trustee shall hold the Group 1 Cap Agreement as an asset in the Pool 1 Basis Risk Reserve Fund. The Pool 1 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.
(b) On each Distribution Date on which there is a payment received under the Group 1 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Group 1 Senior Certificates (such amount, the “Class I1-CX X Excess Cap Amount”), the Trustee shall distribute not treat such Class I-CX Excess Cap payments as amounts on deposit in the Pool 1 Basis Risk Reserve Fund for purposes of determining the Pool 1 Required Reserve Fund Amount to the holder(s) of the Class I-CX Component pursuant to Section 5.02(h)(ix)for any Distribution Date. Any such Class I1-CX X Excess Cap Amount shall not be an asset of the 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 I1-CX X Certificateholders, and the Trustee shall distribute such amount to the Class 1-X Certificateholders pursuant to Section 5.02(f)(v). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(j)(iv5.02(f)(iii) of this Agreement, Agreement the sum of (without duplication) (a) any payments made by the Cap Counterparty to the Trust Fund for such Distribution Date with respect to the Group 1 Cap Agreement and (b) any amounts then on deposit in the Pool 1 Basis Risk PaymentReserve Fund, if anyincluding any earnings thereon, for such in respect of the Group 1 Cap Agreement. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Pool 1 Basis Risk Reserve Fund pursuant to Section 5.02(f)(v) of this Agreement shall remain on deposit in the Pool 1 Basis Risk Reserve Fund.
(c) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 2 Class 2-A1A Certificates, the Pool 2 Basis Risk Reserve Fund, into which LBH shall deposit $1,000. The Pool 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.
(d) On each Distribution Date on which there is a payment received by the Trustee under the Group 2 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Class II-A3 and Class II-A4 Certificates (such amount, the “Class II-CX Excess Cap Amount”)In addition, the Trustee shall not treat such payments hold the Class 2-A1A Cap Agreement as amounts on deposit assets in the Pool 2 Basis Risk Reserve Fund for purposes of determining the Pool 2 Required Reserve Fund Amount for any Distribution Date. Any such Class II-CX Excess Cap Amount shall not be an asset of the 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 II-CX Component of the Class II-X Certificates, and the Trustee shall distribute such amount to the Class II-CX Component of the Class II-X Certificates pursuant to Section 5.02(k)(iv)(C). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(k)(iv) of this Agreement the sum of (without duplication) (a) any payments made by the Balance Guaranteed Cap Provider to the Trust Fund for such Distribution Date with respect to the Balance Guaranteed Cap Agreement (provided, however, that payments received from the Balance Guaranteed Cap Agreement shall be for the sole benefit of the Class II-A1 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C), (b) any payments made by the Group 2 Cap Provider to the Trust Fund for such Distribution Date with respect to the Group 2 Cap Agreement (provided, however, that payments received from the Group 2 Cap Agreement shall be for the sole benefit of the Class II-A3 and Class II-A4 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C) and (c) the Pool 2 Basis Risk Payment, if any, for such Distribution Date.
(e) Funds in the Pool 1 Basis Risk Reserve Fund and Pool 2 Basis Risk Reserve Fund shall be invested in Eligible Investments. The Class I-X Certificates and the Class II-X Certificates shall evidence ownership of the Pool 1 Basis Risk Reserve Fund and the Pool 2 Basis Risk Reserve Fund, respectively, for federal income tax purposes and LBH on behalf of the Holders thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. LBH shall be liable for any losses incurred on such investments. In the absence of written instructions from LBH as to investment of funds on deposit in the Pool 1 Basis Risk Reserve Fund and Pool 2 Basis Risk Reserve Fund, such funds shall remain uninvested. The Pool 1 Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 1 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the I-XS Component of the Class I-X Certificates. The Pool 2 Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 2 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the II-XS Component of the Class II-X Certificates.2
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Basis Risk Reserve Funds. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 1 Certificates, the Pool 1 1A-1B Basis Risk Reserve Fund, into which LBH shall initially deposit $1,000. The Pool 1 1A-1B 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.
(b) On each Distribution Date on which there is a payment received under the Group 1 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Group 1 Senior Certificates (such amount, the “Class I-CX Excess Cap Amount”), the Trustee shall distribute such Class I-CX Excess Cap Amount to the holder(s(or Paying Agent) of the Class I-CX Component pursuant to Section 5.02(h)(ix). Any such Class I-CX Excess Cap Amount shall not be an asset of the 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 I-CX Certificateholders. On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(j)(iv5A.02(e)(iv) of this Agreement, Agreement any amounts then on deposit in the Pool 1 1A-1B Basis Risk PaymentReserve Fund, if any, for such including any earnings thereon. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Pool 1A-1B Basis Risk Reserve Fund pursuant to Section 5A.02(e)(iv) shall remain on deposit in the Pool 1A-1B Basis Risk Reserve Fund.
(c) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 2 Certificates, the Pool 2 Basis Risk Reserve Fund, into which LBH shall initially deposit $1,000. The Pool 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.
(d) On each Distribution Date on which there is a payment received by the Trustee under the Group 2 Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Amount of the Class II-A3 and Class II-A4 Certificates (such amount, the “Class II-CX Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Pool 2 Basis Risk Reserve Fund for purposes of determining the Pool 2 Required Reserve Fund Amount for any Distribution Date. Any such Class II-CX Excess Cap Amount shall not be an asset of the 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 II-CX Component of the Class II-X Certificates, and the Trustee shall distribute such amount to the Class II-CX Component of the Class II-X Certificates pursuant to Section 5.02(k)(iv)(C). On each Distribution Date the Trustee or Paying Agent) shall distribute in the order of priority and to the extent specified in Section 5.02(k)(iv5B.02(d)(iv) of this Agreement the sum of (without duplication) (a) any payments made by the Balance Guaranteed Cap Provider to the Trust Fund for such Distribution Date with respect to the Balance Guaranteed Cap Agreement (provided, however, that payments received from the Balance Guaranteed Cap Agreement shall be for the sole benefit of the Class II-A1 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C), (b) any payments made by the Group 2 Cap Provider to the Trust Fund for such Distribution Date with respect to the Group 2 Cap Agreement (provided, however, that payments received from the Group 2 Cap Agreement shall be for the sole benefit of the Class II-A3 and Class II-A4 Certificates and, to the extent of any excess, the Class II-CX Component of the Class II-X Certificates, pursuant to Section 5.02(k)(iv)(C) and (c) amounts then on deposit in the Pool 2 Basis Risk PaymentReserve Fund, if any, for such including any earnings thereon. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Pool 2 Basis Risk Reserve Fund pursuant to Section 5B.02(d)(iv) shall remain on deposit in the Pool 2 Basis Risk Reserve Fund.
(e) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Group 3 Certificates, the Pool 3A-3B Basis Risk Reserve Fund, into which LBH shall initially deposit $1,000. The Pool 3A-3B 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.
(f) On each Distribution Date the Trustee (or Paying Agent) shall distribute in the order of priority and to the extent specified in Section 5C.02(e)(iv) of this Agreement any amounts then on deposit in the Pool 3A-3B Basis Risk Reserve Fund, including any earnings thereon. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Pool 3A-3B Basis Risk Reserve Fund pursuant to Section 5C.02(e)(iv) shall remain on deposit in the Pool 3A-3B Basis Risk Reserve Fund.
(g) Funds in the Pool 1 1A-1B Basis Risk Reserve Fund, the Pool 2 Basis Risk Reserve Fund and the Pool 2 3A-3B Basis Risk Reserve Fund shall be invested in Eligible Investments. The Class I-X Certificates and the Class II1-X Certificates shall evidence ownership of the Pool 1 1A-1B Basis Risk Reserve Fund and for federal income tax purposes, the Class 2-X Certificates shall evidence ownership of the Pool 2 Basis Risk Reserve FundFund for federal income tax purposes, respectively, the Class 3-X Certificates shall evidence ownership of the Pool 3A-3B Basis Risk Reserve Fund for federal income tax purposes and LBH on behalf of the Holders thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. LBH shall be liable for any losses incurred on such investments. In the absence of written instructions from LBH as to investment of funds on deposit in the Pool 1 1A-1B Basis Risk Reserve Fund, the Pool 2 Basis Risk Reserve Fund and the Pool 2 3A-3B Basis Risk Reserve Fund, such funds shall remain uninvested. The Pool 1 1A-1B Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 1 1A-1B Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the I1-XS Component of the Class I1-X Certificates. The Pool 2 Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 2 Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the II2-XS Component of the Class II2-X Certificates. The Pool 3A-3B Basis Risk Reserve Fund will be terminated after the earlier of (A) a Section 7.01(d) Purchase Event or (B) a Pool 3A-3B Termination Event and any funds remaining in such fund upon such termination shall be released to the Holders of the Class 3-X Certificates.
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Samples: Trust Agreement (LXS 2007-3)