Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Aames Capital Corp Mort Pass THR Certs Ser 2001 3), Pooling and Servicing Agreement (Aames Mortgage Trust 2000-2), Pooling and Servicing Agreement (Aames Capital Corp)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on On or prior to the Closing Date, or unless a the Securities Administrator shall establish and maintain, on behalf of the Certificateholders, the Capitalized Interest Account. The Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest be an Eligible Account. On the Closing Date, the Trustee will Seller shall deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account orthe Original Capitalized Interest Amount. On the Business Day preceding any Distribution Date occurring during the Prefunding Period, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee Securities Administrator shall hold withdraw from the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in an amount equal to the Capitalized Interest Account prior Requirement (based on a monthly report provided to the first Deposit Date shall be invested in Permitted Investments of Securities Administrator by the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature Master Servicer no later than such Business Day) for deposit into the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable Certificate Account for any losses on amounts invested distribution to Certificateholders in accordance with the provisions hereofArticle V on such Distribution Date. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed invested in a money market or common trust fund as described in paragraph (vii) of the definition of “Permitted Investments” set forth in Article I. All investment income and other gain on such investments shall be for the benefit of the Seller and shall be subject to withdrawal on order of the Seller.
(c) On each Prefunding Distribution DateSeller from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller by a deposit into the Capitalized Interest Account of its own funds, the Trustee shall transfer immediately as realized. Amounts may be released from the Capitalized Interest Account and paid to the Certificate Account depositor at any time, if permitted by S&P as evidenced in a written confirmation from such Rating Agency. At the Capitalized Interest Requirementend of the Prefunding Period, all amounts, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account shall be withdrawn by the Securities Administrator and distributed to the Seller and (iii) close the Capitalized Interest AccountAccount shall be terminated.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (HarborView 2007-2), Pooling and Servicing Agreement (RBSGC Mortgage Loan Trust 2007-B), Pooling and Servicing Agreement (HarborView 2006-14)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested at the written direction of the Seller in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the SellerPeriod. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Aames Capital Corp), Pooling and Servicing Agreement (Aames Capital Corp Aames Mortgage Trust 2002-1), Pooling and Servicing Agreement (Aames Capital Corp Aames Mortgage Trust 2002-1)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, Xxxxx Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2006-AR2, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein.
(b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder.
(c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar2), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar2), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar2)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by Upon the Trust request of the Seller, the Securities Administrator shall establish and maintain, on behalf of the Closing DateCertificateholders, or unless a the Capitalized Interest Account. The Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest be an Eligible Account. On the Closing Date, the Trustee will Seller shall deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account orthe Original Capitalized Interest Amount. On the Business Day preceding any Distribution Date occurring during the Prefunding Period, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee Securities Administrator shall hold withdraw from the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in an amount equal to the Capitalized Interest Account prior Requirement (based on a monthly report provided to the first Deposit Date shall be invested in Permitted Investments of Securities Administrator by the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature Master Servicer no later than such Business Day) for deposit into the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable Certificate Account for any losses on amounts invested distribution to Certificateholders in accordance with the provisions hereofArticle V on such Distribution Date. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed invested in a money market or common trust fund as described in paragraph (vii) of the definition of “Permitted Investments” set forth in Article I. All investment income and other gain on such investments shall be for the benefit of the Seller and shall be subject to withdrawal on order of the Seller.
(c) On each Prefunding Distribution DateSeller from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller by a deposit into the Capitalized Interest Account of its own funds, the Trustee shall transfer immediately as realized. Amounts may be released from the Capitalized Interest Account and paid to the Certificate Account depositor at any time, if permitted by S&P as evidenced in a written confirmation from such Rating Agency. At the Capitalized Interest Requirementend of the Prefunding Period, all amounts, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account shall be withdrawn by the Securities Administrator and distributed to the Seller and (iii) close the Capitalized Interest AccountAccount shall be terminated.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (HarborView 2007-6), Pooling and Servicing Agreement (HarborView 2007-6)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by The Issuer hereby directs and the Trust Indenture Trustee and Paying Agent hereby agree that the Paying Agent on behalf of the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall will establish and maintain a segregated trust account (the “Capitalized Interest Account”) for the benefit of the Noteholders. On the Closing Date, the Issuer shall cause the Indenture Trustee will to deposit into the Capitalized Interest Account Deposit an amount equal to the Capitalized Interest Account Initial Deposit. The Capitalized Interest Account shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Receivables Note Trust 2018-A, Timeshare Loan-Backed Notes, Series 2018-A — Capitalized Interest Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account or, if and in all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Accountproceeds thereof. The Trustee shall hold the Capitalized Interest Account Deposit shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of Noteholders as their interests appear in the Trust but not part of Estate. If, at any REMIC Pool. Amounts held in time, the Capitalized Interest Account prior ceases to be an Eligible Bank Account, the first Deposit Date shall be invested in Permitted Investments Paying Agent on behalf of the type specified in clause (f) of the definition of Permitted InvestmentsIndenture Trustee shall, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions Section 3.1(i) hereof. All interest and other investment earnings on amounts held in the , establish a new Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of which if not maintained by the amounts Indenture Trustee is subject to be so withdrawn and deposited into an account control agreement satisfactory to the Certificate AccountIndenture Trustee) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the “Capitalized Interest Account”. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that will be made on the final Subsequent Transfer each Payment Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.as follows:
Appears in 2 contracts
Samples: Indenture (BBX Capital Corp), Indenture (Bluegreen Vacations Corp)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , JPMorgan Chase Bank, National Association, as Indenture Trustee for GMACM Home Equity Loan Trust 2006-HE2" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account orand retain therein the Interest Coverage Amount. Notwithstanding anything herein to the contrary, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit for shall not be an asset of any REMIC. To the benefit of extent that the Offered Certificateholders.
(b) The Capitalized Interest Account will constitutes a reserve fund for federal income tax purposes, (1) it shall be part an outside reserve fund and not an asset any REMIC, (2) it shall be owned by GMACM, as Seller and (3) amounts transferred any REMIC to the Capitalized Interest Account shall be treated as transferred to GMACM, as Seller, or any successor, all within the meaning of Section 1.860G-2(h) of the Trust but Treasury Regulations. If the Indenture Trustee shall not part of any REMIC Pool. Amounts held have received an investment direction from GMACM, the Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account and shall report all items of income, deduction, gain or loss arising therefrom. In no event shall the Indenture Trustee be liable for any investment losses on Permitted Investments held in or credited to the Capitalized Interest Account. Any losses realized , provided that such investments are made in accordance with the provisions of this Agreement and the Indenture Trustee is not the obligor under the Permitted Investment.
(b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date.
(c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount and shall notify the Indenture Trustee of such calculation taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. On any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount notified to the Indenture Trustee.
(d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 2 contracts
Samples: Servicing Agreement (GMACM Home Equity Loan Trust 2006-He2), Servicing Agreement (GMACM Home Equity Loan Trust 2006-He3)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, Xxxxx Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-B Securities Mortgage Loan Trust, Series 2007-AB1, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Securities Administrator shall invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder.
(c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2. 6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2007-Ab1), Pooling and Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2007-Ab1)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the a segregated trust account that is an Eligible Account, which shall be titled "Capitalized Interest Account. On , [Trustee], as trustee for the Closing Dateregistered holders of Chase Funding Mortgage Loan Asset-Backed Certificates, Series [ ]" (the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Trustee by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein. The Trustee hereby appoints the Paying Agent as its agent in connection with establishing and maintaining the Capitalized Interest Account pursuant to this Section 4.07.
(b) The Capitalized Interest Account Trustee will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature with a maturity date no later than the Deposit Date immediately following Business Day preceding each Distribution Date. For federal income tax purposes, the end Depositor shall be the owner of the Funding PeriodCapitalized Interest Account and shall report all items of income, deduction, gain or loss arising therefrom. The Trustee shall not At no time will the Capitalized Interest Account be liable for any losses on amounts invested in accordance with an asset of either of the provisions hereofSubsidiary REMIC or the Master REMIC. All interest income and other gain realized from investment earnings on amounts held of funds deposited in the Capitalized Interest Account (shall be for the sole and any other amounts remaining on deposit therein in excess exclusive benefit of the amounts to be so withdrawn Servicer and deposited into the Certificate Account) shall be paid or released remitted by the Trustee to the Seller Servicer on each Distribution Date. The Servicer shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss.
(c) With respect to each Distribution Date (other than the Distribution Date in [Month/Year]) during the Funding Period and on the Distribution Date immediately following the end of the Funding Period and taxed to Period, the Seller. For federal and state income tax purposes the Seller Paying Agent shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income withdraw from other investments) in the Capitalized Interest Account and deposit in the Certificate Account an amount, as provided in the related Monthly Statement, equal to (i) the sum of (x) 30 days' interest on the sum of (a) the Group I Pre-Funded Amount immediately upon following the realization preceding Distribution Date and (b) the aggregate Stated Principal Balance of such lossthe Group I Mortgage Loans immediately following the preceding Distribution Date at the Group I Net Rate and (y) 30 days' interest on the sum of (a) the Group II Pre-Funded Amount immediately following the preceding Distribution Date and (b) the aggregate Stated Principal Balance of the Group II Mortgage Loans immediately following the preceding Distribution Date at the Group II Net Rate, minus (ii) all scheduled interest due at the Net Mortgage Rates during the related Due Period on the Group I and Group II Mortgage Loans. All amounts earned The Depositor shall be required to deposit into the Capitalized Interest Account an amount sufficient to permit the Paying Agent to make the withdrawals required by this Section 4.07.
(d) Upon the earliest of (i) the Distribution Date in the month immediately following the end of the Funding Period, (ii) the reduction of the Certificate Principal Balance of the Group I Class A Certificates, Class IIA-1 Certificates, Class IIA-2 Certificates, Class IM-1 Certificates, Class IM-2 Certificates, Class IIM-1 Certificates and Class IIM-2 Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Capitalized Interest Account shall be taxed after distributions pursuant to the Seller.
paragraph (c) On each Prefunding Distribution Date, above shall be withdrawn by the Trustee shall transfer from the Capitalized Interest Account and paid to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest AccountDepositor or its designee.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Manhattan Acceptance Corp /De/)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, Xxxxx Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2006-AF1, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein.
(b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder.
(c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Af1), Pooling and Servicing Agreement (Deutsche Alt-a Securities Inc)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account, Xxxxx Fargo Bank, N.A., in trust for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-HE4, Asset-Backed Pass Through Certificates” (the “Capitalized Interest Account”). The Capitalized Interest Account Deposit shall consist of two sub-accounts, the “Group I Capitalized Interest Sub-Account” and the “Group II Capitalized Interest Sub-Account”. The Securities Administrator shall, promptly upon receipt, deposit in the Group I Capitalized Interest Sub-Account and the Group II Capitalized Interest Sub-Account and retain therein the Original Group I Capitalized Interest Amount and the Original Group Capitalized Interest Amount remitted on the Closing Date by the Depositor. Funds deposited in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, shall be held in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein.
(b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder.
(c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Mortgage Loans set forth in Section 2.09, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date and the balance related Loan Group. If any funds remain in the Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He4), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He4)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain for the Capitalized Interest Account. On benefit of the Closing Date, the Trustee will deposit Certificateholders the Capitalized Interest Account Deposit which shall be a segregated trust account that is an Eligible Account, and which shall be titled "Capitalized Interest Account, U.S. Bank National Association, as trustee for the registered holders of SURF Mortgage Loans Asset-Backed Certificates, Series 2006-AB3". The Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein (i) the Capitalized Interest Amount remitted on the Closing Date, Date to the Trustee by the Depositor and (ii) the amount of any Subsequent Mortgage Loan Interest remitted by the Servicer pursuant to Section 3.08(a). Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee on behalf of the Certificateholders for the benefit uses and purposes set forth herein. With respect to each Distribution Date through the Distribution Date immediately following the Funding Period, the 134 Trustee will withdraw from the Capitalized Interest Account and deposit into the Certificate Account an amount equal to the Required Withdrawal. Such deposit shall be treated for federal income tax purposes as a contribution of cash to the Offered CertificateholdersPre-Funding REMIC on the date thereof. The Depositor is required to deposit into the Capitalized Interest Account no later than the Business Day prior to each Distribution Date through the Distribution Date immediately following the Funding Period an amount sufficient to permit the Trustee to make the withdrawals required by this Section 5.11.
(b) The Capitalized Interest Account Trustee will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments as directed in writing by the Holder of the type specified in clause Class C Certificate (f) provided that if the Trustee does not receive written direction from the Holder of the definition of Permitted InvestmentsClass C Certificate, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on then amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess shall not be invested) with a maturity date no later than the Business Day preceding each Distribution Date. For federal income tax purposes, the Holder of the amounts to be so withdrawn and deposited into the Class C Certificate Account) shall be paid the owner of the Capitalized Interest Account and shall report all items of income, deduction, gain or released loss arising therefrom. At no time will the Capitalized Interest Account be an asset of any of the REMICs provided for herein. All income and gain realized from investment of funds deposited in the Capitalized Interest Account shall be for the sole and exclusive benefit of the Holder of the Class C Certificate and shall be remitted by the Trustee to the Seller Holder of the Class C Certificate on Distribution Date immediately following the Funding Period, if such amounts are not used as part of the Required Withdrawal for any Distribution Date. The Holder of the Class C Certificate shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss. Upon the earliest of (i) the Distribution Date immediately following the end of the Funding Period and taxed to (ii) the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner termination of the Capitalized Interest Account. Any losses realized this Agreement in connection accordance with Section 9.01, any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed withdrawn by the Trustee and paid to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance Holder of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest AccountClass C Certificate or its designee.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Specialty Underwriting & Residential Finance Trust Series 2006-Ab3), Pooling and Servicing Agreement (Specialty Underwriting & Residential Finance Trust Series 2006-Ab3)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by The Servicer, for the Trust on benefit of the Closing DateSecurityholders, or unless shall cause to be established and maintained in the name of the Indenture Trustee a Capitalized Interest Account is not specified (the "Capitalized Interest Account"), which shall be a separate Eligible Account and may be interest-bearing, entitled "Capitalized Interest Account, U.S. Bank National Association, as Indenture Trustee, in Article Itrust for the Empire Funding Home Loan Asset Backed Notes, Series 1998-1." The Capitalized Interest Account may be maintained with the Indenture Trustee or any other depository institution which satisfies the requirements set forth in the definition of Eligible Account. The creation of a Capitalized Interest Account other than one maintained with the Indenture Trustee shall establish be evidenced by a letter agreement between the Servicer and maintain the depository institution acceptable to the Indenture Trustee. A copy of such letter agreement shall be furnished to the Indenture Trustee and, upon request of any Securityholder, to such Securityholder. Funds in the Capitalized Interest AccountAccount shall be invested in accordance with Section 5.03 hereof. On the Closing Date, the Owner Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed the Capitalized Interest Initial Deposit from the net proceeds of the sale of the Notes and the Certificates and on each Subsequent Transfer Date the Owner Trustee will deposit in the Capitalized Interest Account any applicable Capitalized Interest Subsequent Deposit with respect to each Subsequent Loan.
(b) On each Determination Date during the Pre-Funding Period (including the Determination Date in the month following the Due Period during which the Pre-Funding Period ends), the Indenture Trustee will withdraw from the Capitalized Interest Account an amount equal to the SellerCapitalized Interest Requirement and deposit such amount into the Collection Account.
(c) On each Prefunding Distribution the Mandatory Redemption Date, the Trustee shall transfer from any amounts remaining in the Capitalized Interest Account to the Certificate Account Account, after payment of the Capitalized Interest Requirement, if any, for on such Distribution Date; provideddate, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account be paid to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest AccountTransferor.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1998-1), Sale and Servicing Agreement (Master Financial Asset Securitization Trust 1998-2)
Capitalized Interest Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to cause to be established and maintained an account (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the “Capitalized Interest Account”) for the benefit of the Noteholders. On the Closing Date, the Issuer shall cause the Indenture Trustee will to deposit into the Capitalized Interest Account Deposit an amount equal to the Capitalized Interest Account Initial Deposit. The Capitalized Interest Account shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Receivables Note Trust 2013-A, Timeshare Loan-Backed Notes, Series 2013-A — Capitalized Interest Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account or, if and in all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Accountproceeds thereof. The Trustee shall hold the Capitalized Interest Account Deposit shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of Noteholders as their interests appear in the Trust but not part of Estate. If, at any REMIC Pool. Amounts held in time, the Capitalized Interest Account prior ceases to be an Eligible Bank Account, the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted InvestmentsIndenture Trustee shall, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Section 3.1(i), establish a new Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of which if not maintained by the amounts Indenture Trustee is subject to be so withdrawn and deposited into an account control agreement satisfactory to the Certificate AccountIndenture Trustee) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the “Capitalized Interest Account”. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that will be made on the final Subsequent Transfer each Payment Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.as follows:
Appears in 2 contracts
Samples: Indenture (BBX Capital Corp), Indenture (BFC Financial Corp)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on On or prior to the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain maintain, on behalf of the Certificateholders, the Capitalized Interest Account. The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Trustee will Seller shall deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account orthe Original Capitalized Interest Amount. On the Business Day preceding any Distribution Date occurring during the Prefunding Period, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold withdraw from the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in an amount equal to the Capitalized Interest Account prior Requirement (based on a monthly report provided to the first Deposit Date shall be invested in Permitted Investments of Trustee by the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature Servicer no later than such Business Day) for deposit into the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable Certificate Account for any losses on amounts invested distribution to Certificateholders in accordance with the provisions hereofArticle V on such Distribution Date. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed invested in a money market or common trust fund as described in paragraph (vii) of the definition of “Permitted Investments” set forth in Article I. All investment income and other gain on such investments shall be for the benefit of the Seller and shall be subject to withdrawal on order of the Seller.
(c) On each Prefunding Distribution DateSeller from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller by a deposit into the Capitalized Interest Account of its own funds, the Trustee shall transfer immediately as realized. Amounts may be released from the Capitalized Interest Account and paid to the Certificate Account depositor at any time, if permitted by S&P as evidenced in a written confirmation from such Rating Agency. At the Capitalized Interest Requirementend of the Prefunding Period, all amounts, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account shall be withdrawn by the Trustee and distributed to the Seller and (iii) close the Capitalized Interest AccountAccount shall be terminated.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (HarborView 2007-3), Pooling and Servicing Agreement (HarborView 2006-12)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by Upon the Trust request of the Seller, the Securities Administrator shall establish and maintain, on behalf of the Closing DateCertificateholders, or unless a the Capitalized Interest Account. The Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest be an Eligible Account. On the Closing Date, the Trustee will Seller shall deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account orthe Original Capitalized Interest Amount. On the Business Day preceding any Distribution Date occurring during the Prefunding Period, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee Securities Administrator shall hold withdraw from the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in an amount equal to the Capitalized Interest Account prior Requirement (based on a monthly report provided to the first Deposit Date shall be invested in Permitted Investments of Securities Administrator by the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature Master Servicer no later than such Business Day) for deposit into the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable Distribution Account for any losses on amounts invested distribution to Certificateholders in accordance with the provisions hereofArticle V on such Distribution Date. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed invested in a money market or common trust fund as described in paragraph (vii) of the definition of “Permitted Investments” set forth in Article I. All investment income and other gain on such investments shall be for the benefit of the Seller and shall be subject to withdrawal on order of the Seller.
(c) On each Prefunding Distribution DateSeller from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller by a deposit into the Capitalized Interest Account of its own funds, the Trustee shall transfer immediately as realized. Amounts may be released from the Capitalized Interest Account and paid to the Certificate Account depositor at any time, if permitted by S&P as evidenced in a written confirmation from such Rating Agency. At the Capitalized Interest Requirementend of the Prefunding Period, all amounts, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account shall be withdrawn by the Securities Administrator and distributed to the Seller and (iii) close the Capitalized Interest AccountAccount shall be terminated.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (HarborView 2007-7), Pooling and Servicing Agreement (HarborView 2007-7)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , Norwest Bank Minnesota, National Association, as Indenture Trustee for GMACM Revolving Home Equity Loan Trust 1998-2" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from the Capitalized Interest Account Deposit for Seller, the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end of the Funding Periodnext succeeding Payment Date. The Trustee Servicer shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in deposit into the Capitalized Interest Account (and the amount of any other amounts remaining on deposit therein net loss incurred in excess respect of the amounts to be so withdrawn and deposited into the Certificate Account) any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment Account and shall be for report all items of income, deduction, gain or loss arising therefrom.
(b) On each Payment Date during the account Pre-Funding Period and on the Payment Date immediately after the end of the Seller and Pre-Funding Period, the Seller Indenture Trustee shall deposit the amount of such loss (to the extent not offset by income withdraw from other investments) in the Capitalized Interest Account immediately upon and deposit into the realization Custodial Account the Capitalized Interest Requirement for such Payment Date.
(c) Upon the earlier of such loss. All amounts earned (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the Seller.
(cd) On each Prefunding Distribution DateNotwithstanding anything to the contrary herein, the Trustee Servicer shall transfer from advance such funds to the Capitalized Interest Account on or before each Payment Date as are necessary to the Certificate Account cover the Capitalized Interest Requirement, if any, Requirement for such Distribution Payment Date; provided, however, that on the final Subsequent Transfer Date the Trustee . The Servicer shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date be entitled to reimbursement of such amounts from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account Custodial Account, but only to the Seller and (iii) close extent that, after giving effect to such reimbursement on any Payment Date, the Capitalized Interest AccountOutstanding Overcollateralization Amount shall be at least equal to the Overcollateralization Target Amount on such Payment Date.
Appears in 1 contract
Samples: Servicing Agreement (Bear Stearns Asset Back Sec Inc Gmacm Rev Ho Eq Lo Tr 1998-2)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Securities Administrator, on behalf of the Trustee, shall establish and maintain a segregated trust account that is an Eligible Account, which shall be titled "Capitalized Interest Account Deposit Account, U.S. Bank National Association, as trustee for the registered holders of Terwin Mortgage Trust 2004-22SL, Asset-Backed Certificates, Series TMTS 2004-22SL" (the "Capitalized Interest Account"). The Securitiex Xxxxxxxxxxxxr shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Securities Administrator by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee on behalf of the Certificateholders for the benefit of uses and purposes set forth herein. The Trustee hereby appoints the Offered CertificateholdersSecurities Administrator as its agent in connection with establishing and maintaining the Capitalized Interest Account pursuant to this Section 5.08. With respect to the Distribution Date in January 2005, the Securities Administrator will withdraw from the Capitalized Interest Account and deposit into the Certificate Account an amount equal to the Required Withdrawal. The Seller is required to deposit into the Capitalized Interest Account an amount sufficient to permit the Securities Administrator to make the withdrawals required by this Section 5.08.
(b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of as directed in writing by the type specified in clause Seller (f) of provided that if the definition of Permitted InvestmentsSecurities Administrator does not receive written direction from the Seller, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on then amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess shall not be invested) with a maturity date no later than the Business Day preceding each Distribution Date. For federal income tax purposes, the Seller shall be the owner of the amounts to Capitalized Interest Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Capitalized Interest Account be so withdrawn an asset of any of the REMICs provided for herein. All income and gain realized from investment of funds deposited into in the Certificate Account) Capitalized Interest Account shall be paid or released for the sole and exclusive benefit of the Seller and shall be remitted by the Trustee Securities Administrator to the Seller on each Distribution Date. The Seller shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss.
(c) Upon the earliest of (i) the Distribution Date immediately following the end of the Funding Period and taxed to (ii) the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner termination of the Capitalized Interest Account. Any losses realized this Agreement in connection accordance with Section 10.01, any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, withdrawn by the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account and paid to the Seller and (iii) close the Capitalized Interest Accountor its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Terwin Mortgage Trust, Series TMTS 2004-22sl)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, Xxxxx Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2006-[__], Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein.
(b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder.
(c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.]
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Inc)
Capitalized Interest Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to cause to be established and maintained an account (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the "Capitalized Interest Account") for the benefit of the Noteholders. On the Closing Date, the Indenture Trustee will deposit shall deposit, from the proceeds from the sale of the Notes, an amount equal to the Capitalized Interest Account Deposit Initial Deposit. The Capitalized Interest Account shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation "BXG Receivables Note Trust 2006-B, Timeshare Loan-Backed Notes, Series 2006-B -- Capitalized Interest Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders". The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account or, if and in all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Accountproceeds thereof. The Trustee shall hold the Capitalized Interest Account Deposit shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of Noteholders as their interests appear in the Trust but not part of Estate. If, at any REMIC Pool. Amounts held in time, the Capitalized Interest Account prior ceases to be an Eligible Bank Account, the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Indenture Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the within two Business Days establish a new Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the "Capitalized Interest Account". Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that will be made on the final Subsequent Transfer each Payment Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.as follows:
Appears in 1 contract
Samples: Indenture (Bluegreen Corp)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the with itself one or more Eligible Accounts entitled "Capitalized Interest Account, First Trust of California, National Association, as Trustee for Remodelers Home Improvement Loan Asset-Backed Certificates, Series 199__- __". On the Closing DateThe Trustee shall, the Trustee will promptly upon receipt, deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate AccountCapitalized Interest Account Deposit. The Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders, exclusive of the Class R Certificateholders. On the Business Day preceding each Remittance Date, the Trustee shall withdraw from the Capitalized Interest Account and deposit into the Certificate Account the Interest Shortfall, if any, with respect to such Remittance Date.
(b) The Capitalized Interest Account will be part of the Trust Fund but not part of any REMIC Poolthe REMIC. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (fvii) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following third Business Day prior to the end of the Funding PeriodRemittance Date. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereofhereof (except to the extent that the Trustee is the obligor and has defaulted on such investments). All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller Depositor on the Distribution each Remittance Date immediately following the end of the Funding Period and taxed to the Seller. For for federal and state income tax purposes the Seller Depositor shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller Depositor and the Seller Depositor and the Transferor shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the SellerDepositor.
(c) On each Prefunding Distribution the Closing Date, the Trustee Depositor shall transfer from cause the Capitalized Interest Account Deposit to be deposited with the Trustee from the proceeds of the sale of the Class A Certificates. On or before each Determination Date occurring prior to _______________, 199__ , the Transferor and the Depositor may deposit with the Trustee a letter of credit issued by a financial institution, and in a form, approved by the Certificate Insurer and the Rating Agencies or immediately available funds, subject to the prior consent of the Certificate Account the Capitalized Interest RequirementInsurer, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from in either case in an amount equal to any positive difference between the Capitalized Interest Account to Requirement and the Capitalized Interest Amount as of such Determination Date, and the Trustee shall notify the Certificate Account, (ii) remit the balance Insurer of the receipt of such a letter of credit or such funds. The failure to deposit such a letter of credit or such funds in respect of any such difference before the close of business on deposit such Determination Date will cause the Funding Period to end on such Determination Date. Any amounts remaining in the Capitalized Interest Account at the end of the Funding Period and not used as described above will be distributed to the Seller and Depositor including any net reinvestment income thereon.
(iiid) close If the Capitalized Interest AccountExcess is greater than zero on any Determination Date occurring prior to _______________, 199__ , such Capitalized Interest Excess will be released to the Depositor on the following Remittance Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Remodelers Investment Corp)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Trustee will deposit shall establish a capitalized interest account (the "Capitalized Interest Account"), which must be an Eligible Account. The Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit is to be held by and for the benefit of the Offered Trustee on behalf of the Certificateholders, and shall be either in the Trustee's name or designated in a manner that reflects the custodial nature of the account and that all funds (including investment earnings thereon) in such account are held for the benefit of the Trustee.
(b) On or before the Closing Date, OMI shall deposit $788,451.61 in the Capitalized Interest Account. The Capitalized Interest Account will Withdrawal Amount shall be withdrawn by the Trustee in accordance with the Remittance Report prepared by the Servicer and deposited into the Distribution Account on the Business Day immediately preceding any Capitalized Interest Account Distribution Date if, on such Distribution Date, the Capitalized Interest Account Withdrawal Amount would be greater than zero.
(c) The Capitalized Interest Account shall be part of the Trust Trust, but not part of any the Pooling REMIC Poolor the Issuing REMIC. Amounts held in The Trustee, on behalf of the Capitalized Interest Account prior to the first Deposit Date Trust, shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the legal owner of the Capitalized Interest Account. Any losses realized in connection with any such investment OMI shall be for the account beneficial owner of the Seller and the Seller shall deposit the amount of such loss (Capitalized Interest Account, subject to the extent not offset by income from other investments) foregoing power of the Trustee to transfer amounts in the Capitalized Interest Account immediately upon to the realization Distribution Account. Funds in the Capitalized Interest Account shall, at the direction of such lossthe Servicer, be invested in Eligible Investments that mature no later than the Business Day prior to the related Capitalized Interest Account Distribution Date. All amounts earned on deposit deposits in the Capitalized Interest Account shall be taxed taxable to the Seller.
(c) On each Prefunding Distribution Date, the OMI. The Trustee shall transfer from the Capitalized Interest Account release to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit OMI all investment earnings in the Capitalized Interest Account upon written notice from an officer of OMI to the Seller and (iii) close Trustee that all of the Subsequent Assets have been transferred to the Trust. The Capitalized Interest Account shall be an "outside reserve fund" within the meaning of Treasury regulation section 1.806G-2(h). The owner of the Capitalized Interest AccountAccount shall be OMI. For all federal tax purposes, amounts transferred by either the Pooling REMIC or the Issuing REMIC to the Capitalized Interest Account shall be treated as amounts distributed by the applicable REMIC to OMI.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Fixed Rate Group Capitalized Interest Account Deposit for the benefit of the Offered Fixed Rate Group Certificateholders and the Adjustable Rate Group Capitalized Interest Account Deposit for the benefit of the Adjustable Rate Group Certificateholders. If none or less than all of the Subsequent Mortgage Loans are transferred to the Trust on the Closing Date, then on the April 1998 Deposit Date, amounts equal to (i) the Fixed Rate Group Capitalized Interest Account Deposit and (ii) the Adjustable Rate Group Capitalized Interest Account Deposit shall be withdrawn from the Capitalized Interest Account and deposited into the Certificate Account in respect of the related Monthly Interest for the Fixed Rate Group and the Adjustable Rate Group, respectively, for such Distribution Date. If all of the Subsequent Mortgage Loans are transferred to the Trust on the Closing Date, then the sum of the Fixed Rate Group Capitalized Interest Account Deposit and the Adjustable Rate Group Capitalized Interest Account Deposit will be deposited into the Certificate Account on the Closing Date and held there until the Distribution Date in April 1998. On such first Distribution Date, such amounts will be deemed to be available in respect of Monthly Interest for the Fixed Rate Group or Adjustable Rate Group, as appropriate, and will be distributable to the Certificateholders. Any amounts so deposited in the Certificate Account shall not be invested in Permitted Investments or otherwise.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (fe) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Periodin April 1998. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the April 1998 Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For for federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Aames Capital Corp)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account, Xxxxx Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2005-AR1, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Capitalized Interest Account Deposit shall be deemed to consist of two sub-accounts, the “Group I Capitalized Interest Sub-Account” and the “Group II Capitalized Interest Sub-Account”. The Securities Administrator shall, promptly upon receipt, deposit in the Group I Capitalized Interest Sub-Account and the Group II Capitalized Interest Sub-Account and retain therein the Original Group I Capitalized Interest Amount and the Original Group II Capitalized Interest Amount remitted on the Closing Date by the Depositor. Funds deposited in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, shall be held in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein.
(b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in or the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain (net of any losses) realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the Sellerapplicable sub-account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder.
(c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, may include investment earnings on amounts on deposit therein) and the amount remaining in the Group I Capitalized Interest Sub-Account and Group II Capitalized Interest Sub-Account for such the related Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from . If any funds remain in the Capitalized Interest Account to at the Certificate Account, (ii) remit the balance end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.
Appears in 1 contract
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , Bank One, National Association, as Indenture Trustee for GMACM Home Equity Loan Trust 2001-HE3" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from GMACM, the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee GMACM shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. GMACM shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in Account and shall report all items of income, deduction, gain or loss arising therefrom.
(b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date.
(c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. With the written consent of the Enhancer (which consent shall not be unreasonably withheld), on any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount.
(d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Servicing Agreement (Residential Asset Mortgage Products Inc)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Fixed Rate Group Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Fixed Rate Group Certificateholders and the Adjustable Rate Group Capitalized Interest Account will be part Deposit for the benefit of the Adjustable Rate Group Certificateholders. If none or less than all of the Subsequent Mortgage Loans are transferred to the Trust but not part of any REMIC Pool. Amounts held in on the Closing Date, then on the [ ] Deposit Date, amounts equal to (i) the Fixed Rate Group Capitalized Interest Account Deposit and (ii) the Adjustable Rate Group Capitalized Interest Account Deposit shall be withdrawn from the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end Account in respect of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized related Monthly Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller Fixed Rate Group and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Seller.
(c) On each Prefunding Distribution DateAdjustable Rate Group, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if anyrespectively, for such Distribution Date; provided, however, that . If all of the Subsequent Mortgage Loans are transferred to the Trust on the final Subsequent Transfer Date Closing Date, then the Trustee shall (i) transfer sum of the Capitalized Interest Requirement, if any, for the following Distribution Date from the Fixed Rate Group Capitalized Interest Account to Deposit and the Certificate Account, (ii) remit the balance of the funds on deposit in the Adjustable Rate Group Capitalized Interest Account Deposit will be deposited into the Certificate Account on the Closing Date and held there until the Distribution Date in [ ]. On such first Distribution Date, such amounts will be deemed to be available in respect of Monthly Interest for the Fixed Rate Group or Adjustable Rate Group, as appropriate, and will be distributable to the Seller and (iii) close the Capitalized Interest AccountCertificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Aames Capital Acceptance Corp)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , Wells Fargo Bank, N.A., as Indentxxx Xrustee for GMACM Home Equity Loan Trust 2004-HE4" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from GMACM, the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in Account and shall report all items of income, deduction, gain or loss arising therefrom.
(b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date.
(c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. On any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount.
(d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Servicing Agreement (GMACM Home Equity Loan Trust 2004-He4)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the a segregated trust account that is an Eligible Account, which shall be titled “Capitalized Interest Account. On , U.S. Bank National Association, as trustee for the Closing Date, registered holders of Lxxxxx XS Trust Mortgage Pass-Through Certificates Series 2006-GP4” (the Trustee will deposit the “Capitalized Interest Account Deposit Account”). The Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Trustee by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee on behalf of the Certificateholders for the benefit uses and purposes set forth herein. With respect to each Distribution Date up to and including the Distribution Date in September 2006, the Trustee will withdraw funds from the Capitalized Interest Account and such funds shall be used to pay (i) first, to the Senior Certificates, the amount of any Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls for each such class and such Distribution Date, in proportion to the Offered Certificateholdersamount of such shortfalls and (ii) second, to the Subordinate Certificates, in accordance with the Subordinate Priority, any applicable Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls for each such class and such Distribution Date, in each case, after giving effect to distributions under Section 5.02(d)(iv).
(b) The Capitalized Interest Account Trustee will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to in Eligible Investments as directed in writing by the first Deposit Date shall be invested in Permitted Investments of Depositor (provided that if the type specified in clause (f) of Trustee does not receive written direction from the definition of Permitted InvestmentsDepositor, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of shall not be invested) with a maturity date no later than the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Business Day preceding each Distribution Date immediately following the end of the Funding Period and taxed to the SellerDate. For federal and state income tax purposes purposes, the Seller Depositor shall be deemed to be the owner of the Capitalized Interest AccountAccount and shall report all items of income, deduction, gain or loss arising therefrom. Any losses realized in connection with At no time will the Capitalized Interest Account be an asset of any such investment shall be for the account of the Seller REMICs provided for herein. All income and the Seller shall deposit the amount gain realized from investment of such loss (to the extent not offset by income from other investments) funds deposited in the Capitalized Interest Account shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor on each Distribution Date. The Depositor shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Eligible Investment immediately upon the realization of such loss. All amounts earned .
(c) On the Distribution Date in September 2006, any amount remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed withdrawn by the Trustee and paid to the SellerDepositor or its designee.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled “Capitalized Interest Account. On , Xxxxx Fargo Bank, N.A., as Indenture Trustee for GMACM Home Equity Loan Trust 2005-HE1” (the Closing Date, the Trustee will deposit the “Capitalized Interest Account Deposit Account”). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from GMACM, the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in Account and shall report all items of income, deduction, gain or loss arising therefrom.
(b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date.
(c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. On any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount.
(d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Servicing Agreement (Gmacm Home Equity Loan Trust 2005-He1)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the The Trustee shall establish and maintain the in its name, an account entitled “Capitalized Interest Account. Account of [ - ], as Trustee, for the benefit of the Holders of FBRSI Trust 200_-_ Mortgage-Backed Securities, Series 200_-_.” On the Closing Date, the Trustee will Depositor shall deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Original Capitalized Interest Account Deposit for the benefit of the Offered CertificateholdersAmount.
(b) The Capitalized Interest Account will shall be part of an Eligible Account. If an existing Capitalized Interest Account ceases to be an Eligible Account, the Trust but not part of Trustee shall establish a new Capitalized Interest Account that is an Eligible Account within 30 days and transfer all funds on deposit in such existing Capitalized Interest Account into such new Capitalized Interest Account.
(c) On the Business Day preceding any REMIC Pool. Payment Date occurring during the Pre-Funding Period, the Trustee shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Account for distribution to Securityholders in accordance with Section 7.7 on such Payment Date.
(d) Amounts held on deposit in the Capitalized Interest Account prior to may be invested by the first Deposit Date Trustee only in Eligible Investments at the written direction of the Depositor. All investment income and other gain on such investments shall be invested in Permitted Investments for the benefit of the type specified in clause (f) Depositor and shall be subject to withdrawal on order of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding PeriodDepositor from time to time. The Trustee shall not be liable for amount of any losses on amounts invested incurred in accordance with respect of any such investments shall be paid by the provisions hereof. All interest and other investment earnings on amounts held in Depositor by a deposit into the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of its own funds, without right of reimbursement therefor, immediately as realized. In the amounts event the Depositor does not provide written direction to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee pursuant to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned this Section, all funds on deposit in the Capitalized Interest Account shall be taxed to invested in money market funds as described in the Sellerdefinition of Eligible Investments.
(ce) On each Prefunding Distribution Datethe last day of the Pre-Funding Period, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds any remaining amounts on deposit in the Capitalized Interest Account to the Seller Distribution Account, which will be held uninvested, and (iii) close will be included in the Capitalized Interest Available Distribution Amount for distribution to the Securityholders as an additional prepayment of principal on the immediately following Payment Date in accordance with the priorities set forth in Section 7.7 and terminate such Account.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (FBR Securitization, Inc.)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , Bank One, National Association, as Indenture Trustee for GMACM Home Loan Trust 2002-HLTV1" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account orand retain therein the Interest Coverage Amount. In addition, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Indenture Trustee shall hold promptly, upon receipt, deposit in the Capitalized Interest Account Deposit for Account, an additional amount equal to $80,103.47, which amount is equal to one month's interest on the benefit Cut-Off Date Principal Balances of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of Home Loans for which the Trust but first monthly payment is due on or after October 1, 2002. If the Indenture Trustee shall not part of any REMIC Pool. Amounts held have received an investment direction from GMACM, the Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee GMACM shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. GMACM shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest AccountAccount and shall report all items of income, deduction, gain or loss arising therefrom.
(b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the lesser of (i) the Capitalized Interest Requirement for such Payment Date and (ii) the excess, if any, of (A) the amount necessary to pay interest for the related Interest Period at the applicable Note Rate on the related Note Balances of the Notes immediately prior to such Payment Date over (B) the funds on deposit in the Note Payment Account on such Payment Date (after giving effect to all other deposits of funds into the Note Payment Account on such Payment Date other than any Policy Draw Amount pursuant to Section 3.28(a) of the Indenture in respect of accrued interest on the Notes). Any losses realized In addition, on the first Payment Date, the Indenture Trustee will transfer $80,103.47 from the Capitalized Interest Account to the Note Payment Account to be applied in accordance with Section 3.05 of the Indenture.
(c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Home Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. With the written consent of the Credit Enhancer (which consent shall not be unreasonably withheld), on any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount.
(d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Servicing Agreement (Residential Asset Mortgage Products Inc)
Capitalized Interest Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to cause to be established and maintained an account (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the "Capitalized Interest Account") for the benefit of the Noteholders. On the Closing Date, the Issuer shall cause the Indenture Trustee will to deposit into the Capitalized Interest Account Deposit Closing Date Eligible Investments with a principal balance equal to the Capitalized Interest Account Initial Deposit. The Capitalized Interest Account shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation "BXG Receivables Note Trust 2007-A, Timeshare Loan-Backed Notes, Series 2007-A -- Capitalized Interest Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders". The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account or, if and in all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Accountproceeds thereof. The Trustee shall hold the Capitalized Interest Account Deposit shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of Noteholders as their interests appear in the Trust but not part of Estate. If, at any REMIC Pool. Amounts held in time, the Capitalized Interest Account prior ceases to be an Eligible Bank Account, the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Indenture Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the within two Business Days establish a new Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the "Capitalized Interest Account". Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that will be made on the final Subsequent Transfer each Payment Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.as follows:
Appears in 1 contract
Samples: Indenture (Bluegreen Corp)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , JPMorgan Chase Bank, National Association, as Indenture Trustee for GMACM Home Equity Loan Trust 2006-HE1" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from GMACM, the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account and shall report all items of income, deduction, gain or loss arising therefrom. In no event shall the Indenture Trustee be liable for any investment losses on Permitted Investments held in or credited to the Capitalized Interest Account. Any losses realized , provided that such investments are made in accordance with the provisions of this Agreement and the Indenture Trustee is not the obligor under the Permitted Investment.
(b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date.
(c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount and shall notify the Indenture Trustee of such calculation taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. On any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount notified to the Indenture Trustee.
(d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Servicing Agreement (GMACM Home Equity Loan Trust 2006-He1)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account, Wxxxx Fargo Bank, N.A., as Indenture Trustee for GMACM Home Equity Loan Trust 2004-HE2" (the "Capitalized Interest Account"). On Notwithstanding anything herein to the Closing Datecontrary, the Trustee will deposit the Capitalized Interest Account Deposit shall not be an asset of any REMIC. To the extent that the Capitalized Interest Account constitutes a reserve fund for federal income tax purposes, (1) it shall be an outside reserve fund and not an asset of any REMIC, (2) it shall be owned by GMACM, as Seller and (3) amounts transferred by any REMIC to the Capitalized Interest Account shall be treated as transferred to GMACM, as Seller, or any successor, all within the meaning of Section 1.860G-2(h) of the Treasury Regulations. The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account orand retain therein the Interest Coverage Amount. In addition, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Indenture Trustee shall hold promptly, upon receipt, deposit in the Capitalized Interest Account Deposit for Account, an additional amount equal to $356,268.14, which amount is equal to one month's interest on the benefit Cut-Off Date Principal Balances of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of Mortgage Loans for which the Trust but first monthly payment is due on April 1, 2004. If the Indenture Trustee shall not part of any REMIC Pool. Amounts held have received an investment direction from GMACM, the Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest AccountAccount and shall report all items of income, deduction, gain or loss arising therefrom.
(b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the sum of (i) the Capitalized Interest Requirement for such Payment Date and (ii) the Excess Capitalized Interest Requirement for such Payment Date. Any losses realized In addition, on the first Payment Date, the Indenture Trustee will transfer $356,268.14 from the Capitalized Interest Account to the Note Payment Account to be applied in accordance with Section 3.05 of the Indenture.
(c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. On any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount.
(d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Servicing Agreement (Residential Asset Mort Prod Inc Gmacm Home Eq L N Tr 04 He2)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Indenture Trustee, at the direction of the Servicer, shall establish and maintain, a segregated trust account that is an Eligible Account, which shall be titled “Capitalized Interest Account Deposit Account, Deutsche Bank National Trust Company, as Indenture Trustee for the registered holders of Accredited Mortgage Loan Trust 2006-2, Asset-Backed Notes Series 2006-2” (the “Capitalized Interest Account”). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein (i) the Interest Coverage Amount (which amount is $2,387,556) remitted on the Closing Date, Date to the Indenture Trustee by the Depositor and (ii) income and gain realized from investments in the Certificate Pre-Funding Account. The Trustee shall hold Any amounts remaining in the Capitalized Interest Account Deposit (including investment earnings) and not needed for such purpose will be paid to the benefit of Depositor and will not thereafter be available for payment to the Offered CertificateholdersNoteholders.
(b) The Capitalized Interest Account will be part All income and gain realized from investment of the Trust but not part of any REMIC Pool. Amounts held funds deposited in the Capitalized Interest Account prior shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Indenture Trustee to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature Depositor no later than the Deposit following Payment Date following receipt of such income and gain by the Indenture Trustee. The Depositor shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss.
(c) On each Payment Date during the Pre-Funding Period, if any, and on the Payment Date immediately following the termination of the Pre-Funding Period, the Indenture Trustee shall withdraw from the Capitalized Interest Account, to the extent funds are available therefore, and deposit in the Payment Account an amount, as provided in the related Indenture Trustee Remittance Report, equal to the lesser of (i) the amount remaining in the Capitalized Interest Account for such Payment Date and (ii) the amount of any unpaid Accrued Note Interest for the Class A Notes and the Class M Notes, to the extent not paid pursuant to Section 8.01.
(d) As permitted by the Rating Agencies, amounts on deposit in the Capitalized Interest Account after distributions pursuant to paragraph (c) above may be withdrawn by the Indenture Trustee and remitted to the Depositor or its designee, solely upon the Depositor’s written direction. Upon the earliest of (i) the Payment Date immediately following the end of the Pre-Funding Period. The Trustee shall not be liable for any losses on amounts invested , (ii) the reduction of the Class Note Principal Balances of the Notes to zero or (iii) the termination of this Agreement in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and Section 11.01, any other amounts amount remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account after distributions pursuant to paragraph (c) above shall be taxed withdrawn by the Indenture Trustee and remitted to the SellerDepositor or its designee, solely upon the Depositor’s written direction.
(ce) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit Amounts in the Capitalized Interest Account shall only be invested at the prior written direction of the Depositor. If no such prior written investment direction has been provided by the Depositor to the Seller and (iii) close Indenture Trustee, the Capitalized Interest AccountIndenture Trustee shall hold such amounts uninvested.
Appears in 1 contract
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, Xxxxx Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-A Securities Mortgage Loan Trust, Series 2006-OA1, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein.
(b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder.
(c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Oa1)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , Wells Fargo Bank, N.A., as Indentxxx Xrustee for GMACM Home Equity Loan Trust 2004-HE3" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from GMACM, the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in Account and shall report all items of income, deduction, gain or loss arising therefrom.
(b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date.
(c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. On any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount.
(d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Servicing Agreement (Gmacm Home Equity Loan Trust 2004-He3)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, Wxxxx Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2005-6, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein.
(b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder.
(c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities, Inc. Mortgage Loan Trust, Series 2005-6)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , JPMorgan Chase Bank, National Association, as Indenture Trustee for GMACM Home Equity Loan Trust 2006-HE4" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from GMACM, the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in Account and shall report all items of income, deduction, gain or loss arising therefrom.
(b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date.
(c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. On any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount.
(d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Servicing Agreement (GMACM Home Equity Loan Trust 2006-He4)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, a. On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Trustee will deposit shall establish the Capitalized Interest Account Deposit on behalf of the Trust, which must be an Eligible Account, and shall deposit therein $1,000,000 received from the Company pursuant to Section 2.02(s). The Capitalized Interest Account shall be entitled "Firstar Trust Company as Trustee for the benefit of holders of Manufactured Housing Contract Senior/Subordinate Pass-Through Certificates Series 1997-6." On the Remittance Date occurring in October 1997, if the Monthly Report for such Remittance Date indicates that the Amount Available (after payment of the amount specified in clause (1) of Section 8.03(a) and including in the Amount Available only payments in respect of interest on the Contracts) is not sufficient to pay the Class A Interest Distribution Amount, plus the Class M-1 Interest Distribution Amount, plus the Class B-1 Interest Distribution Amount, the Trustee shall withdraw the amount of such deficiency, or the amount of funds in the Capitalized Interest Account or(net of any investment earnings thereon), if all Subsequent Mortgage Loans are purchased on the Closing Dateless, and shall deposit such funds in the Certificate Account. The Trustee shall hold Account for distribution on such Remittance Date in order first to pay any deficiency in the Capitalized Amount Available to pay the Class A Interest Account Deposit for Distribution Amount, second to pay any deficiency in the benefit of Amount Available to pay the Offered CertificateholdersClass M-1 Interest Distribution Amount, third to pay any deficiency in the Amount Available to pay the Class B-1 Interest Distribution amount, and fourth to pay any deficiency in the Amount Available to pay the Class B-2 Interest Distribution Amount.
(b) b. The Capitalized Interest Account will shall be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding PeriodREMIC. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess behalf of the amounts to be so withdrawn and deposited into the Certificate Account) Trust shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the legal owner of the Capitalized Interest Account. Any losses realized in connection with any such investment Green Tree Finance Corp.--Two shall be for the account beneficial owner of the Seller and the Seller shall deposit the amount of such loss (Capitalized Interest Account, subject to the extent not offset by income from other investments) foregoing power of the Trustee to transfer amounts in the Capitalized Interest Account immediately upon to the realization Certificate Account. Funds in the Capitalized Interest Account shall, at the direction of Green Tree Finance Corp.--Two, be invested in Eligible Investments that mature no later than the Business Day prior to the next succeeding Remittance Date. All net income and gain from such lossinvestments shall be distributed to Green Tree Finance Corp.--Two on such Remittance Date. All amounts earned on amounts on deposit in the Capitalized Interest Account shall be taxed taxable to the SellerGreen Tree Finance Corp.--Two.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the c. Any funds on deposit remaining in the Capitalized Interest Account after the Remittance Date in August 1997 shall be distributed to the Seller and (iii) close Green Tree Finance Corp.--Two. After such date no further amounts shall be deposited in or withdrawn from the Capitalized Interest Account. Any losses on such investments shall be deposited in the Capitalized Interest Account by Green Tree Finance Corp.--Two out of its own funds immediately as realized.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Green Tree Financial Corp)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the with itself a separate, segregated trust account, which shall be an Eligible Account, titled "Capitalized Interest Account. On , _______________________________, as trustee for the Closing Dateregistered holders of ACE Securities Corp. Asset Backed Certificates, Series 199__-__" (the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Initial Capitalized Interest Amount remitted on the Closing DateDate to the Trustee by the Depositor. In addition, in the Certificate Account. The Trustee shall hold deposit into the Capitalized Interest Account Deposit for all income and gain on investments in the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Pre-Funding Account will be part of the Trust but not part of any REMIC Poolpursuant to Section 6.12. Amounts held Funds deposited in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released trust by the Trustee to for the Seller on the Distribution Date immediately following the end Holders of the Funding Period Class A Certificates and taxed to the SellerCertificate Insurer for the uses and purposes set forth herein. For federal and state income tax purposes purposes, the Seller Depositor shall be deemed to be the owner of the Capitalized Interest AccountAccount and shall report all items of income, deduction, gain or loss arising therefrom. Any losses realized in connection with any such investment The Depositor shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Selleramount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor.
(cb) On each Prefunding of the first ____ Distribution DateDates, the Trustee shall transfer (a) withdraw from the Capitalized Interest Account to and deposit in the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Amount. On each Distribution Date from following the Capitalized Interest Account conveyance of a Subsequent Mortgage Loan to the Certificate AccountTrustee, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account in an amount equal to 1/360 of the Seller product of (i) the Principal Balance of such Subsequent Mortgage Loan and (ii) the sum of (A) the weighted average Class A Pass-Through Rate for such Distribution Date minus % (B) %, and (iii) close the number of days, up to a maximum of 30 per calendar month, from the Subsequent Cut-off Date to ___________, 199__, shall be remitted, without notice, immediately upon receipt thereof to the Depositor. Upon the earliest of (i) the reduction of the Security Balance of the Class A-4 Certificates to zero, (ii) the termination of the Trust Fund in accordance with Section 8.01 and (iii) the first Business Day following the first Distribution Date following the conveyance of the last Subsequent Mortgage Loan to the Trustee, any amount remaining on deposit in the Capitalized Interest AccountAccount after distributions pursuant to Sections 6.13(b) above shall be withdrawn by the Trustee and paid to the Depositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ace Securities Corp)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Indenture Trustee, at the direction of the Servicer, shall establish and maintain, a segregated trust account that is an Eligible Account, which shall be titled “Capitalized Interest Account Deposit Account, JPMorgan Chase Bank, National Association, as Indenture Trustee for the registered holders of NovaStar Mortgage Funding Trust 2006-MTA1, Home Equity Loan Asset-Backed Certificates, Series 2006-MTA1” (the “Capitalized Interest Account”). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein (i) the Interest Coverage Amount (which amount is $1,000,000) remitted on the Closing Date, Date to the Indenture Trustee by the Depositor and (ii) income and gain realized from investments in the Certificate Pre-Funding Account. The Trustee shall hold Funds deposited in the Capitalized Interest Account Deposit shall be held in trust by the Indenture Trustee, for the benefit of Noteholders for the Offered Certificateholdersuses and purposes set forth herein.
(b) The For federal income tax purposes, the Indenture Trustee shall treat the Capitalized Interest Account will as an outside reserve fund within the meaning of Treasury Regulation Section 1.860G-2(h). The Servicer shall be part the owner of the Trust but not part Capitalized Interest Account and shall report all items of any REMIC Poolincome, deduction, gain or loss arising therefrom. Amounts held All income and gain realized from investment of funds deposited in the Capitalized Interest Account prior shall be for the sole and exclusive benefit of the Servicer and shall be remitted by the Indenture Trustee to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature Servicer no later than the Deposit following Payment Date following receipt of such income and gain by the Indenture Trustee. The Servicer shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss.
(c) On each Payment Date during the Pre-Funding Period, if any, and on the Payment Date immediately following the termination of the Pre-Funding Period, the Indenture Trustee shall withdraw from the Capitalized Interest Account, to the extent funds are available therefore, and deposit in the Payment Account an amount, as provided in the related Determination Date Report, equal to the lesser of (i) the amount remaining in the Capitalized Interest Account for such Payment Date and (ii) the amount of any unpaid Monthly Interest Distributable Amount for the Class A Certificates and the Mezzanine Certificates, to the extent not paid pursuant to Section 4.01(a)(i).
(d) Upon the earliest of (i) the Payment Date immediately following the end of the Pre-Funding Period. The Trustee shall not be liable for any losses on amounts invested , (ii) the reduction of the Certificate Principal Balances of the Certificates to zero or (iii) the termination of this Agreement in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and Section 11.01, any other amounts amount remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account after distributions pursuant to paragraph (c) above shall be taxed withdrawn by the Indenture Trustee and remitted to the SellerServicer or its designee, solely upon the Servicer’s written direction.
(ce) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit Amounts in the Capitalized Interest Account shall only be invested at the prior written direction of the Servicer. If no such prior written investment direction has been provided by the Servicer to the Seller and (iii) close Indenture Trustee, the Capitalized Interest AccountIndenture Trustee shall hold such amounts uninvested.
Appears in 1 contract
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Trustee will deposit shall establish a capitalized interest account (the "Capitalized Interest Account"), which must be an Eligible Account. The Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit is to be held by and for the benefit of the Offered Trustee on behalf of the Certificateholders, and shall be either in the Trustee's name or designated in a manner that reflects the custodial nature of the account and that all funds (including investment earnings thereon) in such account are held for the benefit of the Trustee.
(b) On or before the Closing Date, OMI shall deposit the $1,128,858 in the Capitalized Interest Account. The Capitalized Interest Account will Withdrawal Amount shall be withdrawn by the Trustee in accordance with the Remittance Report prepared by the Servicer and deposited into the Distribution Account on the Business Day immediately preceding any Capitalized Interest Account Distribution Date if, on such Distribution Date, the Capitalized Interest Account Withdrawal Amount would be greater than zero.
(c) The Capitalized Interest Account shall be part of the Trust Trust, but not part of any the Pooling REMIC Poolor the Issuing REMIC. Amounts held in The Trustee, on behalf of the Capitalized Interest Account prior to the first Deposit Date Trust, shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the legal owner of the Capitalized Interest Account. Any losses realized in connection with any such investment OMI shall be for the account beneficial owner of the Seller and the Seller shall deposit the amount of such loss (Capitalized Interest Account, subject to the extent not offset by income from other investments) foregoing power of the Trustee to transfer amounts in the Capitalized Interest Account immediately upon to the realization Distribution Account. Funds in the Capitalized Interest Account shall, at the direction of such lossthe Servicer, be invested in Eligible Investments that mature no later than the Business Day prior to the related Capitalized Interest Account Distribution Date. All amounts earned on deposit deposits in the Capitalized Interest Account shall be taxed taxable to the Seller.
(c) On each Prefunding Distribution Date, the OMI. The Trustee shall transfer from the Capitalized Interest Account release to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit OMI all investment earnings in the Capitalized Interest Account upon written notice from an officer of OMI to the Seller and (iii) close Trustee that all of the Subsequent Assets have been transferred to the Trust. The Capitalized Interest AccountAccount shall be an "outside reserve fund" within the meaning of Treasury regulation section 1.806G-2(h). The owner of the Capital Interest Account shall be OMI. For all federal tax purposes, amounts transferred by either the Pooling REMIC or the Issuing REMIC shall be treated as amounts distributed by the applicable REMIC to OMI.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc)
Capitalized Interest Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to cause to be established and maintained an account (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the “Capitalized Interest Account”) for the benefit of the Noteholders. On the Closing Date, the Issuer shall cause the Indenture Trustee will to deposit into the Capitalized Interest Account Deposit an amount equal to the Capitalized Interest Account Initial Deposit. The Capitalized Interest Account shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Receivables Note Trust 2012-A, Timeshare Loan-Backed Notes, Series 2012-A — Capitalized Interest Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account or, if and in all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Accountproceeds thereof. The Trustee shall hold the Capitalized Interest Account Deposit shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of Noteholders as their interests appear in the Trust but not part of Estate. If, at any REMIC Pool. Amounts held in time, the Capitalized Interest Account prior ceases to be an Eligible Bank Account, the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted InvestmentsIndenture Trustee shall, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Section 3.1(i), establish a new Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of which if not maintained by the amounts Indenture Trustee is subject to be so withdrawn and deposited into an account control agreement satisfactory to the Certificate AccountIndenture Trustee) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the “Capitalized Interest Account”. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that will be made on the final Subsequent Transfer each Payment Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.as follows:
Appears in 1 contract
Samples: Indenture (Bluegreen Corp)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Indenture Trustee, at the direction of the Servicer, shall establish and maintain, a segregated trust account that is an Eligible Account, which shall be titled “Capitalized Interest Account Deposit Account, JPMorgan Chase Bank, National Association, as Indenture Trustee for the registered holders of NovaStar Mortgage Funding Trust 2006-MTA1, Home Equity Loan Asset-Backed Certificates, Series 2006-MTA1” (the “Capitalized Interest Account”). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein (i) the Interest Coverage Amount (which amount is $1,000,000) remitted on the Closing Date, Date to the Indenture Trustee by the Depositor and (ii) income and gain realized from investments in the Certificate Pre-Funding Account. The Trustee shall hold Funds deposited in the Capitalized Interest Account Deposit shall be held in trust by the Indenture Trustee, for the benefit of Noteholders for the Offered Certificateholdersuses and purposes set forth herein.
(b) The Capitalized Interest Account will be part All income and gain realized from investment of the Trust but not part of any REMIC Pool. Amounts held funds deposited in the Capitalized Interest Account prior shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Indenture Trustee to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature Depositor no later than the Deposit following Payment Date following receipt of such income and gain by the Indenture Trustee. The Depositor shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss.
(c) On each Payment Date during the Pre-Funding Period, if any, and on the Payment Date immediately following the termination of the Pre-Funding Period, the Indenture Trustee shall withdraw from the Capitalized Interest Account, to the extent funds are available therefore, and deposit in the Payment Account an amount, as provided in the related Determination Date Report, equal to the lesser of (i) the amount remaining in the Capitalized Interest Account for such Payment Date and (ii) the amount of any unpaid Monthly Interest Distributable Amount for the Class A Certificates and the Mezzanine Certificates, to the extent not paid pursuant to Section 4.01(a)(i).
(d) Upon the earliest of (i) the Payment Date immediately following the end of the Pre-Funding Period. The Trustee shall not be liable for any losses on amounts invested , (ii) the reduction of the Certificate Principal Balances of the Certificates to zero or (iii) the termination of this Agreement in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and Section 11.01, any other amounts amount remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account after distributions pursuant to paragraph (c) above shall be taxed withdrawn by the Indenture Trustee and remitted to the SellerDepositor or its designee, solely upon the Depositor’s written direction.
(ce) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit Amounts in the Capitalized Interest Account shall only be invested at the prior written direction of the Depositor. If no such prior written investment direction has been provided by the Depositor to the Seller and (iii) close Indenture Trustee, the Capitalized Interest AccountIndenture Trustee shall hold such amounts uninvested.
Appears in 1 contract
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Securities Administrator, on behalf of the Trustee, shall establish and maintain a segregated trust account that is an Eligible Account, which shall be titled "Capitalized Interest Account Deposit Account, U.S. Bank National Association, as trustee for the registered holders of Terwin Mortgage Trust 2005-14HE, Asset-Backed Certificates, Series TMTS 2005-14HE" (the "Capitalized Interest Account"). The Securities Xxxxxxxxxxxxx shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Securities Administrator by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee and the Securities Administrator on behalf of the Certificateholders for the benefit of uses and purposes set forth herein. With respect to any Distribution Date up to and including the Offered CertificateholdersDistribution Date in October 2005, the Securities Administrator will withdraw from the Capitalized Interest Account and deposit into the Certificate Account an amount equal to the Required Withdrawal. The Seller is required to deposit into the Capitalized Interest Account an amount sufficient to permit the Securities Administrator to make the withdrawals required by this Section 5.10.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held funds deposited in the Capitalized Interest Account prior to shall remain uninvested. For federal income tax purposes, the first Deposit Date Seller shall be invested in Permitted Investments the owner of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Capitalized Interest Account be an asset of any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into REMICs provided for herein.
(c) Upon the Certificate Accountearliest of (i) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to (ii) the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner termination of the Capitalized Interest Account. Any losses realized this Agreement in connection accordance with Section 10.01, any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed to withdrawn by the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account Securities Administrator and paid to the Seller and (iii) close the Capitalized Interest Accountor its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Terwin Mortgage Trust, Series TMTS 2005-14he)
Capitalized Interest Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to cause to be established and maintained an account (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the “Capitalized Interest Account”) for the benefit of the Noteholders. On the Closing Date, the Issuer shall cause the Indenture Trustee will to deposit into the Capitalized Interest Account Deposit Closing Date Eligible Investments with a principal balance equal to the Capitalized Interest Account Initial Deposit. The Capitalized Interest Account shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Receivables Note Trust 2008-A, Timeshare Loan-Backed Notes, Series 2008-A — Capitalized Interest Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account or, if and in all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Accountproceeds thereof. The Trustee shall hold the Capitalized Interest Account Deposit shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of Noteholders as their interests appear in the Trust but not part of Estate. If, at any REMIC Pool. Amounts held in time, the Capitalized Interest Account prior ceases to be an Eligible Bank Account, the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Indenture Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the within two Business Days establish a new Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the “Capitalized Interest Account”. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that will be made on the final Subsequent Transfer each Payment Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.as follows:
Appears in 1 contract
Samples: Indenture (Bluegreen Corp)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, a. On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Trustee will deposit shall establish the Capitalized Interest Account Deposit on behalf of the Trust, which must be an Eligible Account, and shall deposit therein $0.00 received from the Company pursuant to Section 2.02(m). The Capitalized Interest Account shall be entitled "Capitalized Interest Account, U.S. Bank Trust National Association as Trustee for the benefit of holders of Home Equity Loan Certificates, Series 1999-C." On the Payment Date occurring in each of July, August and September 1999, if the Monthly Report for such Payment Date indicates that the Amount Available (after payment of the amount specified in clause (1) of Section 8.04(b) and including in the Amount Available only payments in respect of interest on the Loans) is not sufficient to pay the Class A Formula Interest Distribution Amount, plus the Class M-1 Formula Interest Distribution Amount, plus the Class M-2 Formula Interest Distribution Amount, plus the Class B-1 Formula Interest Distribution Amount, the Trustee shall withdraw the amount of such deficiency, or the amount of funds in the Capitalized Interest Account or(net of any investment earnings thereon), if all Subsequent Mortgage Loans are purchased on the Closing Dateless, and shall deposit such funds in the Certificate Account. The Trustee shall hold Account for distribution on such Payment Date in order first to pay any deficiency in the Capitalized Amount Available to pay the Class A Formula Interest Account Deposit for Distribution Amount, second to pay any deficiency in the benefit of Amount Available to pay the Offered CertificateholdersClass M-1 Formula Interest Distribution Amount, third to pay any deficiency in the Amount Available to pay the Class M-2 Formula Interest Distribution Amount and fourth to pay any deficiency in the Amount Available to pay the Class B-1 Formula Interest Distribution Amount.
(b) b. The Capitalized Interest Account will shall be part of the Trust but not part of any the Subsidiary REMIC Pool. Amounts held in or the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding PeriodMaster REMIC. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess behalf of the amounts to be so withdrawn and deposited into the Certificate Account) Trust shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the legal owner of the Capitalized Interest Account. Any losses realized in connection with any such investment The Company shall be for the account beneficial owner of the Seller and the Seller shall deposit the amount of such loss (Capitalized Interest Account, subject to the extent not offset by income from other investments) foregoing power of the Trustee to transfer amounts in the Capitalized Interest Account immediately upon to the realization Certificate Account. Funds in the Capitalized Interest Account shall, at the direction of the Company, be invested in Eligible Investments that mature no later than the Business Day prior to the next succeeding Payment Date. All net income and gain from such lossinvestments shall be distributed to the Company on such Payment Date. All amounts earned on amounts on deposit in the Capitalized Interest Account shall be taxed taxable to the SellerCompany.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the c. Any funds on deposit remaining in the Capitalized Interest Account after the Payment Date in September 1999 shall be distributed to the Seller and (iii) close Company. After such date no further amounts shall be deposited in or withdrawn from the Capitalized Interest Account. Any losses on such investments shall be deposited in the Capitalized Interest Account by the Company out of its own funds immediately as realized.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Green Tree Financial Corp)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on On or before the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, ---------------------------- the Trustee shall establish and shall thereafter maintain or cause to be maintained the Capitalized Interest Account, which shall be an Eligible Account, in the name of the Trustee for the benefit of the Insurer and the Certificateholders, and shall deposit therein $97,000 received from the Seller. Not later than two Business Days prior to each Payment Date on or prior to the Post-Funding Payment Date, the Trustee shall withdraw from the Capitalized Interest Account, to the extent funds are available therein, the Group 1 Capitalized Interest Amount and the Group 2 Capitalized Interest Amount, and deposit such amounts in the Certificate Account. After the Post-Funding Payment Date, the Trustee shall withdraw from the Capitalized Interest Account and pay to the Seller any amounts then remaining in the Capitalized Interest Account. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit Funds in the Capitalized Interest Account orshall, if all Subsequent Mortgage Loans are purchased on at the Closing Datedirection of the Seller, be invested in Eligible Investments selected by the Seller, which shall mature not later than two Business Days prior to the Payment Date next following the date of such investment and shall not be sold or disposed of prior to its maturity. Such Eligible Investments shall be made in the Certificate Account. The name of the Trustee shall hold the Capitalized Interest Account Deposit and for the benefit of the Offered Certificateholders.
(b) The Seller. All net income and gain realized from any such investment shall be withdrawn from the Capitalized Interest Account only for the purpose of making the payments specified in the two immediately preceding paragraphs, and any loss realized from any such investment will be part at the sole cost and expense of the Trust but not part of any REMIC Pool. Amounts held Seller and shall be deposited in the Capitalized Interest Account prior to by the first Deposit Date shall be invested in Permitted Investments Seller out of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date its own funds immediately following the end of the Funding Periodas realized. The Trustee shall not be liable for any such investment losses on amounts invested in accordance with except to the provisions hereofextent the Trustee is the obligor of any such Eligible Investment. All interest and other investment earnings on amounts held in To the extent that it constitutes a "reserve fund" for purposes of the REMIC Provisions, the Capitalized Interest Account established hereunder shall be an "outside reserve fund" as defined in Treasury Regulation 1.860G-2(h), and in that regard (i) such account shall be an outside reserve fund and any other amounts remaining on deposit therein in excess not an asset of the amounts to be so withdrawn and deposited into the Certificate AccountREMIC Trust Fund, (ii) such account shall be paid or released owned for federal tax purposes by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller , and the Seller shall deposit report all amounts of income, deduction, gain or loss accruing therefrom, and (iii) amounts transferred by the amount of REMIC Trust Fund to such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account account shall be taxed treated as distributed by the REMIC Trust Fund to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Transamerica Consumer Mortgage Receivables Corp)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , Wells Fargo Bank Minnesota, N.A., as Xxxxnture Trustee for GMACM Home Equity Loan Trust 2002-HE1" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from GMACM, the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee GMACM shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. GMACM shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in Account and shall report all items of income, deduction, gain or loss arising therefrom.
(b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date.
(c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. With the written consent of the Enhancer (which consent shall not be unreasonably withheld), on any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount.
(d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Servicing Agreement (Residential Asset Mortgage Products Inc)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Paying Agent shall establish and maintain a segregated trust account that is an Eligible Account, which shall be titled "Capitalized Interest Account Deposit Account, Citibank, N.A., as trustee for the registered holders of Chase Funding, Mortgage Loan Asset-Backed Certificates, Series 1999-2" (the "Capitalized Interest Account"). The Paying Agent shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Paying Agent by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Paying Agent for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein.
(b) The Capitalized Interest Account Paying Agent will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature with a maturity date no later than the Deposit Date immediately following Business Day preceding each Distribution Date. For federal income tax purposes, the end Depositor shall be the owner of the Funding PeriodCapitalized Interest Account and shall report all items of income, deduction, gain or loss arising therefrom. The Trustee shall not At no time will the Capitalized Interest Account be liable for any losses on amounts invested in accordance with an asset of either of the provisions hereofSubsidiary REMIC or the Master REMIC. All interest income and other gain realized from investment earnings on amounts held of funds deposited in the Capitalized Interest Account (shall be for the sole and any other amounts remaining on deposit therein in excess exclusive benefit of the amounts to be so withdrawn Master Servicer and deposited into the Certificate Account) shall be paid or released remitted by the Trustee Paying Agent to the Seller Master Servicer on each Distribution Date. The Master Servicer shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss.
(c) With respect to each Distribution Date during the Funding Period and on the Distribution Date immediately following the end of the Funding Period and taxed to Period, the Seller. For federal and state income tax purposes the Seller Paying Agent shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income withdraw from other investments) in the Capitalized Interest Account and deposit in the Certificate Account an amount, as provided in the related Monthly Statement, equal to (i) 30 days' (or in the case of the Class IA-1, Class IIA-1, Class IIM-1, Class IIM-2 and Class IIB Certificates and the Distribution Date in July 1999, 37 days' or in the case of the Class IA-1, Class IIA-1, Class IIM-1, Class IIM-2 and Class IIB Certificates and the Distribution Date in August 1999, 31 days) interest on the Original Pre-Funded Amount (reduced by any amounts withdrawn from the Pre-Funding Account to purchase Subsequent Mortgage Loans) calculated at an annual rate equal to sum of (1) the weighted average of the Pass-Through Rates on the Group I and Group II Certificates and (2) 0.0073% per annum, minus (ii) the sum of (1) all scheduled interest due during the related Due Period on Subsequent Mortgage Loans and received before the related Servicer Remittance Date or Advanced on or before the related Servicer Remittance Date and (2) any Advance in respect of the interest portion of delinquent Scheduled Payments on the Subsequent Mortgage Loans conveyed to the Trustee during the related Due Period.
(d) Upon the earliest of (i) the Distribution Date in the month immediately upon following the realization end of such loss. All amounts earned the Funding Period, (ii) the reduction of the Certificate Principal Balance of the Group I Class A Certificates, Class IIA-1 Certificates, Class IM-1 Certificates, Class IM-2 Certificates, Class IIM-1 Certificates and Class IIM-2 Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Capitalized Interest Account shall be taxed after distributions pursuant to the Seller.
paragraph (c) On each Prefunding Distribution Date, above shall be withdrawn by the Trustee shall transfer from the Capitalized Interest Account Paying Agent and paid to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest AccountDepositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Funding Inc)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , The Bank of New York Trust Company, N.A., as Indenture Trustee for GMACM Home Equity Loan Trust 2007-HE2" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account orand retain therein the Interest Coverage Amount. Notwithstanding anything herein to the contrary, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit for shall not be an asset of any REMIC. To the benefit of extent that the Offered Certificateholders.
(b) The Capitalized Interest Account will constitutes a reserve fund for federal income tax purposes, (1) it shall be part an outside reserve fund and not an asset any REMIC, (2) it shall be owned by GMACM, as Seller and (3) amounts transferred any REMIC to the Capitalized Interest Account shall be treated as transferred to GMACM, as Seller, or any successor, all within the meaning of Section 1.860G-2(h) of the Trust but Treasury Regulations. If the Indenture Trustee shall not part of any REMIC Pool. Amounts held have received an investment direction from GMACM, the Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account and shall report all items of income, deduction, gain or loss arising therefrom. In no event shall the Indenture Trustee be liable for any investment losses on Permitted Investments held in or credited to the Capitalized Interest Account. Any losses realized , provided that such investments are made in accordance with the provisions of this Agreement and the Indenture Trustee is not the obligor under the Permitted Investment.
(b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date.
(c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount and shall notify the Indenture Trustee of such calculation taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. On any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount notified to the Indenture Trustee.
(d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Servicing Agreement (GMACM Home Equity Loan Trust 2007-He2)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the a segregated trust account that is an Eligible Account, which shall be titled “Capitalized Interest Account. On , U.S. Bank National Association, as trustee for the Closing Date, registered holders of Xxxxxx XS Trust Mortgage Pass-Through Certificates Series 2007-2N” (the Trustee will deposit the “Capitalized Interest Account Deposit Account”). The Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Trustee by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee on behalf of the Certificateholders for the benefit uses and purposes set forth herein. With respect to each Distribution Date up to and including the Distribution Date in March 2007, the Trustee will withdraw funds from the Capitalized Interest Account and such funds shall be used to pay (i) first, to the Senior Certificates, the amount of any Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls for each such Class and such Distribution Date, in proportion to the Offered Certificateholdersamount of such shortfalls and (ii) second, to the Subordinate Certificates, in accordance with the Subordinate Priority, any applicable Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls for each such Class and such Distribution Date, in each case, after giving effect to distributions under Section 5.02(d).
(b) The Capitalized Interest Account Trustee will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to in Eligible Investments as directed in writing by the first Deposit Date shall be invested in Permitted Investments of Depositor (provided that if the type specified in clause (f) of Trustee does not receive written direction from the definition of Permitted InvestmentsDepositor, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of shall not be invested) with a maturity date no later than the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Business Day preceding each Distribution Date immediately following the end of the Funding Period and taxed to the SellerDate. For federal and state income tax purposes purposes, the Seller Depositor shall be deemed to be the owner of the Capitalized Interest AccountAccount and shall report all items of income, deduction, gain or loss arising therefrom. Any losses realized in connection with At no time will the Capitalized Interest Account be an asset of any such investment shall be for the account of the Seller REMICs provided for herein. All income and the Seller shall deposit the amount gain realized from investment of such loss (to the extent not offset by income from other investments) funds deposited in the Capitalized Interest Account shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor on each Distribution Date. The Depositor shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Eligible Investment immediately upon the realization of such loss. All amounts earned .
(c) On the Distribution Date in March 2007, any amount remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed withdrawn by the Trustee and paid to the SellerDepositor or its designee.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On prior to the Closing Date, the Trustee will deposit shall open and maintain a trust account (the "Capitalized Interest Account Deposit Account"), which at all times will be an Eligible Account, for the benefit of the Noteholders, for the receipt of an initial deposit of $225,342.41 from the proceeds of the Notes. The Issuer agrees to deposit $225,342.41 in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on or prior to the Closing Date, . Monies received in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit will be invested at the written direction of the Issuer in Eligible Investments during the term of this Indenture, and any income or other gain realized from such investment shall be held by the Trustee in the Capitalized Interest Account as part of the Trust Estate as security for the Notes subject to disbursement and withdrawal as herein provided. Monies shall be subject to withdrawal in accordance with Section 12.05(d) hereof.
(b) Upon Issuer Order all or a portion of the Capitalized Interest Account shall be invested and reinvested at the Issuer's written direction in one or more Eligible Investments. In the absence of an Issuer Order, the Trustee shall invest funds in the Capitalized Interest Account in Eligible Investments described in clause (vi) of the definition thereof. All income or other gain from such investments shall be credited to the Capitalized Interest Account, and any loss resulting from such investments shall be charged to the Capitalized Interest Account; provided, however, that the Issuer shall make or cause to be made on any Remittance Date a deposit to the Capitalized Interest Account to the extent of any losses therein caused as a result of the Issuer's investment instructions. No Eligible Investment shall mature later than the Business Day preceding the next following Payment Date and shall not be sold or disposed of prior to its maturity. Eligible Investments shall be made in the name of the Trustee for the benefit of the Offered CertificateholdersNoteholders. The Trustee shall provide to the Servicer a monthly account statement showing deposits and withdrawals in such month and listing such investments, describing the Eligible Investments in which such amounts have been invested.
(bc) The Capitalized Interest Account will If any amounts invested as provided in Section 12.05(b) hereof shall be part of the Trust but not part of any REMIC Pool. Amounts held in needed for disbursement from the Capitalized Interest Account prior as set forth in Section 12.05(d) hereof, the Trustee shall cause such investments of such Capitalized Interest Account to be sold or otherwise converted to cash to the first Deposit Date shall be invested in Permitted Investments credit of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding PeriodCapitalized Interest Account. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held loss resulting from investment of money in the Capitalized Interest Account in any Eligible Investment in accordance with the terms hereof (and other than in its capacity as obligor under any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate AccountEligible Investment).
(d) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Disbursements from the Capitalized Interest Account. Any losses realized in connection with any such investment Account shall be for made as detailed in the account of the Seller and the Seller shall deposit the amount of such loss (Monthly Servicer Report, to the extent not offset by income funds therefor are available, only as follows:
(i) On or before each Payment Date occurring during the Prefunding Period and on or before the Payment Date on or immediately succeeding the Prefunding Period Termination Date, the Trustee shall withdraw from other investments) the Capitalized Interest Account for deposit into the Collection Account the amount equal to the aggregate amount of interest accruing at the weighted average of one-twelfth of the Class A-1 Note Rate, the Class A-2 Note Rate, and the Class B Note Rate, the Class C Note Rate and the Class D Note Rate on the amount on deposit in the Prefunding Account, less projected investment earnings on the Prefunding Account, as of the related Payment Date. Amounts in the Capitalized Interest Account immediately upon shall be withdrawn solely to pay such amounts and shall not be available to the realization of such loss. All Noteholders or the Trustee for any other purpose.
(ii) Any amounts earned remaining on deposit in the Capitalized Interest Account shall be taxed to on the Seller.
Payment Date on or immediately succeeding the Prefunding Period Termination Date (c) On each Prefunding Distribution Date, the Trustee shall after taking account any transfer from the Capitalized Interest Account to the Certificate Collection Account the Capitalized Interest Requirement, if any, for on such Distribution Payment Date; provided, however, that on the final Subsequent Transfer Date the Trustee ) shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date be withdrawn from the Capitalized Interest Account Account, paid to the Certificate AccountIssuer and released from the Lien of this Indenture; after such payment, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) Trustee shall close the Capitalized Interest Account.
Appears in 1 contract
Samples: Indenture (Trendwest Resorts Inc)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Fixed Rate Group Capitalized Interest Account Deposit for the benefit of the Offered Fixed Rate Group Certificateholders and the Adjustable Rate Group Capitalized Interest Account Deposit for the benefit of the Adjustable Rate Group Certificateholders. If none or less than all of the Subsequent Mortgage Loans are transferred to the Trust on the Closing Date, then on the July 1998 Deposit Date, amounts equal to (i) the Fixed Rate Group Capitalized Interest Account Deposit and (ii) the Adjustable Rate Group Capitalized Interest Account Deposit shall be withdrawn from the Capitalized Interest Account and deposited into the Certificate Account in respect of the related Monthly Interest for the Fixed Rate Group and the Adjustable Rate Group, respectively, for such Distribution Date. If all of the Subsequent Mortgage Loans are transferred to the Trust on the Closing Date, then the sum of the Fixed Rate Group Capitalized Interest Account Deposit and the Adjustable Rate Group Capitalized Interest Account Deposit will be deposited into the Certificate Account on the Closing Date and held there until the Distribution Date in July 1998. On such first Distribution Date, such amounts will be deemed to be available in respect of Monthly Interest for the Fixed Rate Group or Adjustable Rate Group, as appropriate, and will be distributable to the Certificateholders. Any amounts so deposited in the Certificate Account shall not be invested in Permitted Investments or otherwise.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (fe) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.of
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Aames Capital Acceptance Corp)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the The Indenture Trustee shall establish cause to be established and maintain maintained an account (the “Capitalized Interest Account”) for the benefit of the Secured Parties. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit Issuer shall cause to be deposited in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold an amount equal to the Capitalized Interest Amount from the proceeds of the sale of the Notes. The Capitalized Interest Account Deposit shall be an Eligible Bank Account initially established at the Corporate Trust Office of the Indenture Trustee, bearing the following designation “Sunterra Owner Trust 2004-1 – Capitalized Interest Account, Wxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Offered CertificateholdersSecured Parties.
(b) ” The Capitalized Interest Account will be part Indenture Trustee on behalf of the Trust but not part of any REMIC Pool. Amounts held Secured Parties shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account prior to the first Deposit Date and in all proceeds thereof. The Capitalized Interest Account shall be invested in Permitted Investments under the sole dominion and control of the type specified in clause (f) Indenture Trustee for the benefit of the definition of Permitted InvestmentsSecured Parties as their interests appear in the Trust Estate. If, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for at any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in time, the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts ceases to be so withdrawn and deposited into an Eligible Bank Account, the Certificate AccountIndenture Trustee shall within two (2) Business Days establish a new Capitalized Interest Account which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the “Capitalized Interest Account”. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to shall be made in the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall following manner:
(i) At or before 11:00 AM New York City time, on the second Business Day prior to each Payment Date prior to the Prefunding Termination Date, the Servicer shall determine the Carrying Charges in respect of the upcoming Payment Date. The Indenture Trustee shall transfer into the Capitalized Interest RequirementCollection Account on each Payment Date, if anyin accordance with the written direction of the Servicer, for the following Distribution Date an amount equal to such Carrying Charges from the Capitalized Interest Account (solely to the Certificate Account, extent of the amount then on deposit).
(ii) remit the balance No withdrawals may be made of the funds on deposit in the Capitalized Interest Account to the Seller except as provided in clause (i) above and clause (iii) close below. Except as specifically provided, funds in the Capitalized Interest Account shall not be commingled with funds in any other account established with respect to the Notes or with any other monies.
(iii) On the Payment Date following the Prefunding Termination Date, the Indenture Trustee shall withdraw all amounts remaining in the Capitalized Interest Account and deposit such amounts in the Collection Account. Such amounts will be distributed on such Payment Date in accordance with Section 3.4 hereof. Upon distribution of the amounts specified in this clause (iii), the Indenture Trustee shall cause the Capitalized Interest Account to be closed.
Appears in 1 contract
Samples: Indenture (Sunterra Corp)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , Bank One, National Association, as Indenture Trustee for GMACM Home Loan Trust 2001-HLTV2" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account orand retain therein the Interest Coverage Amount. In addition, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Indenture Trustee shall hold promptly, upon receipt, deposit in the Capitalized Interest Account Deposit for Account, an additional amount equal to $109,201.39, which amount is equal to one month's interest on the benefit Cut-Off Date Principal Balances of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of Home Loans for which the Trust but first monthly payment is due on or after November 1, 2001. If the Indenture Trustee shall not part of any REMIC Pool. Amounts held have received an investment direction from GMACM, the Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee GMACM shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. GMACM shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest AccountAccount and shall report all items of income, deduction, gain or loss arising therefrom.
(b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the lesser of (i) the Capitalized Interest Requirement for such Payment Date and (ii) the excess, if any, of (A) the amount necessary to pay interest for the related Interest Period at the applicable Note Rate on the related Note Balances of the Notes immediately prior to such Payment Date over (B) the funds on deposit in the Note Payment Account on such Payment Date (after giving effect to all other deposits of funds into the Note Payment Account on such Payment Date other than any Policy Draw Amount pursuant to Section 3.28(a) of the Indenture in respect of accrued interest on the Notes). Any losses realized In addition, on the first Payment Date, the Indenture Trustee will transfer $109,201.39 from the Capitalized Interest Account to the Note Payment Account to be applied in accordance with Section 3.05 of the Indenture.
(c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Home Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. With the written consent of the Credit Enhancer (which consent shall not be unreasonably withheld), on any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount.
(d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Servicing Agreement (Residential Asset Mortgage Products Inc)
Capitalized Interest Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to cause to be established and maintained an account (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the “Capitalized Interest Account”) for the benefit of the Noteholders. On the Closing Date, the Indenture Trustee will shall deposit in the Capitalized Interest Account, from the proceeds from the sale of the Notes, an amount equal to the Capitalized Interest Amount. The Capitalized Interest Account Deposit shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “Silverleaf Timeshare Loan-Backed Notes, Series 2010-C¯Capitalized Interest Account, Wxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account or, if and in all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Accountproceeds thereof. The Trustee shall hold the Capitalized Interest Account Deposit shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of Noteholders as their interests appear in the Trust but not part of Estate. If, at any REMIC Pool. Amounts held in time, the Capitalized Interest Account prior ceases to be an Eligible Bank Account, the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Indenture Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the within two (2) Business Days establish a new Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the “Capitalized Interest Account”. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for be made in the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.manner:
Appears in 1 contract
Samples: Indenture (Silverleaf Resorts Inc)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Trustee will deposit shall establish the Capitalized Interest Account, which must be an Eligible Account. The Capitalized Interest Account Deposit is to be held by and for the benefit of the Trustee on behalf of the Certificateholders, and shall be either in the Trustee's name or designated in a manner that reflects the custodial nature of the account and that all funds (including investment earnings thereon) in such account are held for the benefit of the Trustee.
(b) On or before the Closing Date, OMI shall deposit $373,000 in the Capitalized Interest Account. After the Closing Date, OMI shall deposit additional amounts in the Capitalized Interest Account orto the extent that, if all Subsequent Mortgage Loans are purchased on after the Closing Date, in the Certificate Account. The Trustee shall hold withdrawal and application of funds from the Capitalized Interest Account Deposit pursuant to this Section 11, any deficiency in the Available Distribution Amount remains. The Trustee shall, on the Business Day immediately preceding each Capitalized Interest Account Distribution Date, withdraw the Capitalized Interest Account Withdrawal Amount (as calculated by the Servicer and set forth in the related Remittance Report pursuant to Section 12(a)(ix) hereof), if any, from the Capitalized Interest Account for deposit in the Distribution Account in order to pay:
(i) first, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the benefit of Class A Certificates for such Distribution Date,
(ii) second, any deficiency in the Offered CertificateholdersAvailable Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class M-1 Certificates for such Distribution Date,
(iii) third, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class M-2 Certificates for such Distribution Date,
(iv) fourth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class B-1 Certificates for such Distribution Date,
(v) fifth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class B-2 Certificates for such Distribution Date; and
(vi) sixth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class X Certificates for such Distribution Date.
(bc) The Capitalized Interest Account will shall be part of the Trust Trust, but not part of any the Pooling REMIC, the Intermediate REMIC Poolor the Issuing REMIC. Amounts held The Trustee, on behalf of the Trust, shall be the legal owner of the Capitalized Interest Account. OMI shall be the beneficial owner of the Capitalized Interest Account, subject to the foregoing power of the Trustee to withdraw amounts from the Capitalized Interest Account. Funds in the Capitalized Interest Account prior to shall, at the first Deposit Date shall direction of the Servicer, be invested in Permitted Eligible Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall that mature no later than the Deposit Date immediately following Business Day prior to the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereofrelated Capitalized Interest Account Distribution Date. All interest and other investment earnings amounts earned on amounts held deposits in the Capitalized Interest Account (and any other amounts remaining on deposit therein shall be taxable to OMI. The Trustee shall release to OMI all investment earnings in excess the Capitalized Interest Account upon written notice from an officer of OMI to the Trustee that all of the amounts Subsequent Assets have been transferred to be so withdrawn and deposited into the Certificate Account) Trust. The Capitalized Interest Account shall be paid an "outside reserve fund" within the meaning of Treasury regulation ss. 1.806G-2(h). The owner of the Capitalized Interest Account for tax purposes shall be OMI. For all federal tax purposes, amounts transferred by any of the Pooling REMIC, the Intermediate REMIC, or released the Issuing REMIC to the Capitalized Interest Account shall be treated as amounts distributed by the applicable REMIC to OMI.
(d) The Trustee shall release to OMI all funds remaining in the Seller Capitalized Interest Account on the Distribution Date immediately following the end final transfer of Subsequent Assets to the Trust upon written notice from an officer of OMI to the Trustee (which may be contained in the Notice and Direction to the Trustee under Section 10(b)(i) hereof) that all of the Funding Period and taxed Subsequent Assets have been transferred to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the SellerTrust.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the with itself a separate, segregated trust account, which shall be an Eligible Account, titled "Capitalized Interest Account, Bank One, National Association, as trustee for the registered holders of Mortgage Pass- Through Certificates, Series 1999-A". On the Closing DateThe Trustee shall, the Trustee will promptly upon receipt, deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, in Date to the Certificate AccountTrustee by the Company. The Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Funds deposited in the Capitalized Interest Account prior shall be held in trust by the Trustee for the Certificateholders for the uses and purposes set forth herein. On the Distribution Date occurring in November 1999, the Trustee shall withdraw from the Capitalized Interest Account an amount equal to (i) 30 days' interest on the Original Pre-Funded Amount calculated at an annual rate equal to the first Deposit Date shall be invested in Permitted Investments weighted average of the type specified in clause (f) Net Mortgage Rates of the definition Mortgage Loans in the Trust Fund as of Permitted Investmentsthe commencement of the related Due Period, which Permitted Investments shall mature no later than minus (ii) the Deposit sum of (1) any interest payments received by the Master Servicer on Subsequent Mortgage Loans during the related Due Period and (2) any Monthly Advance in respect of the interest portion of delinquent Monthly Payments on the Subsequent Mortgage Loans conveyed to the Trustee during the related Due Period and distribute such amount pursuant to Section 4.02(b)(2) as a component of the Interest Remittance Amount for such Distribution Date. Any amounts remaining in the Capitalized Interest Account on the Distribution Date immediately following the end of the Pre-Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall Period will be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed will not thereafter be available for distribution pursuant to the SellerSection 4.02. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall will be taxed to invested in Eligible Investments. The Capitalized Interest Account will not be an asset of any REMIC and, solely for Federal income tax purposes, will be treated as owned by the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (WMC Secured Assets Corp WMC Mort Pass THR Cert Ser 1999-A)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Fixed Rate Group Capitalized Interest Account Deposit for the benefit of the Offered Fixed Rate Group Certificateholders and the Adjustable Rate Group Capitalized Interest Account Deposit for the benefit of the Adjustable Rate Group Certificateholders. If none or less than all of the Subsequent Mortgage Loans are transferred to the Trust on the Closing Date, then on the July 1997 Deposit Date, amounts equal to (i) the Fixed Rate Group Capitalized Interest Account Deposit and (ii) the Adjustable Rate Group Capitalized Interest Account Deposit shall be withdrawn from the Capitalized Interest Account and deposited into the Certificate Account in respect of the related Monthly Interest for the Fixed Rate Group and the Adjustable Rate Group, respectively, for such Distribution Date. If all of the Subsequent Mortgage Loans are transferred to the Trust on the Closing Date, then the sum of the Fixed Rate Group Capitalized Interest Account Deposit and the Adjustable Rate Group Capitalized Interest Account Deposit will be deposited into the Certificate Account on the Closing Date and held there until the Distribution Date in July 1997. On such first Distribution Date, such amounts will be deemed to be available in respect of Monthly Interest for the Fixed Rate Group or Adjustable Rate Group, as appropriate, and will be distributable to the Certificateholders. Any amounts so deposited in the Certificate Account shall not be invested in Permitted Investments or otherwise.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (fe) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Periodin July 1997. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the July 1997 Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For for federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.the
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Aames Capital Corp)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by The Servicer, for the Trust on benefit of the Closing DateSecurityholders, or unless shall cause to be established and maintained in the name of the Indenture Trustee a Capitalized Interest Account is not specified (the "Capitalized Interest Account"), which shall be a separate Eligible Account and may be interest-bearing, entitled "Capitalized Interest Account, The Bank of New York, as Indenture Trustee, in Article Itrust for the Master Financial Home Loan Asset Backed Notes, Series 1998-2." The Capitalized Interest Account may be maintained with the Indenture Trustee or any other depository institution which satisfies the requirements set forth in the definition of Eligible Account. The creation of a Capitalized Interest Account other than one maintained with the Indenture Trustee shall establish be evidenced by a letter agreement between the Servicer and maintain the depository institution acceptable to the Indenture Trustee. A copy of such letter agreement shall be furnished to the Indenture Trustee and, upon request of any Securityholder, to such Securityholder. Funds in the Capitalized Interest AccountAccount shall be invested in accordance with Section 5.03 hereof. On the Closing Date, the Owner Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to Initial Deposit from the Certificate Account net proceeds of the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that sale of the Notes and the Certificates and on the final each Subsequent Transfer Date the Owner Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on will deposit in the Capitalized Interest Account any applicable Capitalized Interest Subsequent Deposit with respect to each Subsequent Loan.
(b) On each Determination Date during the Seller and Pre-Funding Period (iii) close including the Determination Date in the month following the Due Period during which the Pre-Funding Period ends), the Indenture Trustee will withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement and deposit such amount into the Collection Account.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Master Financial Asset Securitization Trust 1998-2)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the a segregated trust account that is an Eligible Account, which shall be titled “Capitalized Interest Account. On , U.S. Bank National Association, as trustee for the Closing Date, registered holders of Lxxxxx XS Trust Mortgage Pass-Through Certificates Series 2006-12N” (the Trustee will deposit the “Capitalized Interest Account Deposit Account”). The Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Trustee by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee on behalf of the Certificateholders for the benefit uses and purposes set forth herein. With respect to each Distribution Date up to and including the Distribution Date in October 2006, the Trustee will withdraw funds from the Capitalized Interest Account and such funds shall be used to pay (i) first, to the Senior Certificates, the amount of any Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls for each such Class and such Distribution Date, in proportion to the amount of such shortfalls and (ii) second, to the Subordinate Certificates, in accordance with the Subordinate Priority, any applicable Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls for each such Class and such Distribution Date, in each case, after giving effect (x) to distributions under Section 5.02(d) and Section 5.02(e) and (y) in the case of the Offered CertificateholdersClass 1-A2A1 and Class 1-A3A1A Certificates, amounts paid to such Class on such Distribution Date out of amounts received on the related Cap Agreement.
(b) The Capitalized Interest Account Trustee will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to in Eligible Investments as directed in writing by the first Deposit Date shall be invested in Permitted Investments of Depositor (provided that if the type specified in clause (f) of Trustee does not receive written direction from the definition of Permitted InvestmentsDepositor, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of shall not be invested) with a maturity date no later than the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Business Day preceding each Distribution Date immediately following the end of the Funding Period and taxed to the SellerDate. For federal and state income tax purposes purposes, the Seller Depositor shall be deemed to be the owner of the Capitalized Interest AccountAccount and shall report all items of income, deduction, gain or loss arising therefrom. Any losses realized in connection with At no time will the Capitalized Interest Account be an asset of any such investment shall be for the account of the Seller REMICs provided for herein. All income and the Seller shall deposit the amount gain realized from investment of such loss (to the extent not offset by income from other investments) funds deposited in the Capitalized Interest Account shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor on each Distribution Date. The Depositor shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Eligible Investment immediately upon the realization of such loss. All amounts earned .
(c) On the Distribution Date in October 2006, any amount remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed withdrawn by the Trustee and paid to the SellerDepositor or its designee.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account, Wells Fargo Bank Minnesota, N.A., as Indenture Trustee for GMACM Home Equity Loan Trust 2003-HE1" (the "Capitalized Interest Account"). On the Closing Date, the Issuer shall deposit with the Indenture Trustee, and the Indenture Trustee will shall, promptly upon receipt thereof, deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from GMACM, the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee GMACM shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. GMACM shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in Account and shall report all items of income, deduction, gain or loss arising therefrom.
(b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date.
(c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. With the written consent of the Enhancer (which consent shall not be unreasonably withheld), on any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount.
(d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Servicing Agreement (Gmacm Home Equity Loan Backed Term Notes Ser 2003-He1)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, Xxxxx Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2006-AR3, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein.
(b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder.
(c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar3)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by The Servicer, for the Trust on benefit of the Closing DateSecurityholders, or unless shall cause to be established and maintained in the name of the Indenture Trustee a Capitalized Interest Account is not specified (the "Capitalized Interest Account"), which shall be a separate Eligible Account and may be interest-bearing, entitled "Capitalized Interest Account, The Bank of New York, as Indenture Trustee, in Article Itrust for the DiTech Home Loan Asset Backed Notes, Series 1998-
1. The Capitalized Interest Account may be maintained with the Indenture Trustee or any other depository institution which satisfies the requirements set forth in the definition of Eligible Account. The creation of a Capitalized Interest Account other than one maintained with the Indenture Trustee shall establish be evidenced by a letter agreement between the Servicer and maintain the depository institution acceptable to the Indenture Trustee. A copy of such letter agreement shall be furnished to the Indenture Trustee and, upon request of any Securityholder, to such Securityholder. Funds in the Capitalized Interest AccountAccount shall be invested in accordance with Section 5.03 hereof. On the Closing Date, the Trustee Issuer will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed the Capitalized Interest Initial Deposit from the net proceeds of the sale of the Notes and the Certificates and on each Subsequent Transfer Date the Issuer will deposit in the Capitalized Interest Account any applicable Capitalized Interest Subsequent Deposit with respect to each Subsequent Loan.
(b) On each Determination Date during the Pre-Funding Period (including the Determination Date in the month following the Due Period during which the Pre-Funding Period ends), the Indenture Trustee will withdraw from the Capitalized Interest Account an amount equal to the SellerCapitalized Interest Requirement and deposit such amount into the Collection Account.
(c) On each Prefunding Distribution the Mandatory Redemption Date, the Trustee shall transfer from any amounts remaining in the Capitalized Interest Account to the Certificate Account Account, after payment of the Capitalized Interest Requirement, if any, for on such Distribution Date; provideddate, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account be paid to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest AccountTransferor.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Painewebber Mort Accept Corp Iv Ditech Home Loan Ownr 1998-1)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Issuer shall direct the Indenture Trustee in writing to open, at the Corporate Trust Office, an account that shall be the "Capitalized Interest Account". No later than the Closing Date, the Issuer will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account orthe Capitalized Interest Account Deposit. All amounts that are deposited in the Capitalized Interest Account, and all investments, if all Subsequent Mortgage Loans are purchased on any, made with such monies, shall be held by the Closing Date, Indenture Trustee in the Certificate AccountCapitalized Interest Account as part of the Trust Estate as herein provided. The Indenture Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered CertificateholdersBondholders. The Bondholders will be entitled to the full Bond Interest for the initial Interest Period. On the April 1997 Remittance Date, an amount equal to the sum of (i) 20 days interest computed at the Bond Interest Rate for the related Payment Date on the amount of the Prefunding Account Deposit and (ii) an amount equal to the result obtained by multiplying the Bond Insurer Premium payable with respect to the Bonds for the related Payment Date by a fraction, the numerator of which is the amount of the Prefunding Account Deposit and the denominator of which is the Bond Balance for the related Payment Date, shall be withdrawn from the Capitalized Interest Account and deposited into the Bond Account in respect of Available Funds for such Payment Date. Any amounts so deposited in the Bond Account shall not be invested in Permitted Investments or otherwise.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (fe) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Remittance Date immediately following the end of the Funding Periodin April 1997. The Indenture Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller Issuer and the Seller Issuer shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All interest and any other investment earnings on amounts earned on deposit held in the Capitalized Interest Account shall be taxed paid by the Indenture Trustee to the SellerIssuer on the April 1997 Payment Date.
(c) On each Prefunding Distribution Datethe Payment Date in April 1997, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit any amounts remaining in the Capitalized Interest Account to the Seller and (iii) close in respect of the Capitalized Interest AccountAccount Deposit following withdrawal of the amounts specified in paragraph (a) above (net of reinvestment earnings payable to the Issuer) shall be deposited at such time into the Bond Account for payment as part of Available Funds on the April 1997 Payment Date. Any amounts so deposited shall not be invested in Permitted Investments or otherwise.
Appears in 1 contract
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on On or before the Closing Date, or unless a the Seller shall deposit an amount equal to the Original Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain Amount into the Capitalized Interest Account. On the Closing Date, the Trustee will deposit the The Capitalized Interest Account Deposit shall be maintained in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on name of the Closing Date, in the Certificate Account. The Indenture Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC PoolNoteholders. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Funds on deposit in the Capitalized Interest Account shall be taxed invested in Qualified Eligible Investments pursuant to Section 7.03, including the limitation that such Qualified Eligible Investments mature not later than the Business Day prior to the Seller.
next succeeding Distribution Date (cexcept for Eligible Investments described in paragraph (vi) On each Prefunding Distribution Dateof that definition (so long as the funds invested therein are available for withdrawal by such Business Day)). During the Pre-Funding Period, the Trustee shall transfer from the Capitalized Interest Account and any amounts on deposit therein shall be part of the Trust Assets and shall be for the benefit of the Noteholders. On each Distribution Date during the Pre-Funding Period, the Indenture Trustee shall deposit into the Collection Account an amount equal to the Certificate Account the Capitalized Interest Requirement, if any, Requirement for such Distribution Date; provided, however, that on . If after making such deposit in the final Subsequent Transfer Date Collection Account the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account exceeds the Capitalized Interest Required Reserve Amount, the Indenture Trustee shall distribute such excess to the Certificate Account, (ii) remit Seller. On the balance first Distribution Date after the end of the Pre-Funding Period, any funds on deposit in the Capitalized Interest Account shall be remitted promptly to the Seller and (iii) close after giving effect to any transfers made from the Capitalized Interest AccountAccount on such Distribution Date).
Appears in 1 contract
Samples: Sale and Servicing Agreement (Fidelity Leasing Inc)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, a. On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Trustee will deposit shall establish the Capitalized Interest Account Deposit on behalf of the Trust, which must be an Eligible Account, and shall deposit therein $0 received from the Company pursuant to Section 2.02(s). The Capitalized Interest Account shall be entitled "U.S. Bank National Association as Trustee for the benefit of holders of Manufactured Housing Contract Senior/Subordinate Pass-Through Certificates Series 1998-6." On the Remittance Date occurring in September 1998, if the Monthly Report for such Remittance Date indicates that the Amount Available (after payment of the amount specified in clause (1) of Section 8.03(a) and including in the Amount Available only payments in respect of interest on the Contracts) is not sufficient to pay the Class A Interest Distribution Amount, plus the Class M-1 Interest Distribution Amount, plus the Class M-2 Interest Distribution Amount, plus the Class B-1 Interest Distribution Amount, the Trustee shall withdraw the amount of such deficiency, or the amount of funds in the Capitalized Interest Account or(net of any investment earnings thereon), if all Subsequent Mortgage Loans are purchased on the Closing Dateless, and shall deposit such funds in the Certificate Account. The Trustee shall hold Account for distribution on such Remittance Date in order first to pay any deficiency in the Capitalized Amount Available to pay the Class A Interest Account Deposit for Distribution Amount, second to pay any deficiency in the benefit of Amount Available to pay the Offered CertificateholdersClass M-1 Interest Distribution Amount, third to pay any deficiency in the Amount Available to pay the Class M-2 Interest Distribution Amount, and fourth to pay any deficiency in the Amount Available to pay the Class B-1 Interest Distribution Amount.
(b) b. The Capitalized Interest Account will shall be part of the Trust but not part of any the Subsidiary REMIC Pool. Amounts held in or the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding PeriodMaster REMIC. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess behalf of the amounts to be so withdrawn and deposited into the Certificate Account) Trust shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the legal owner of the Capitalized Interest Account. Any losses realized in connection with any such investment Green Tree Finance Corp.--Two shall be for the account beneficial owner of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed Account, subject to the Seller.
(c) On each Prefunding Distribution Date, foregoing power of the Trustee shall to transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amounts in the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit . Funds in the Capitalized Interest Account shall, at the direction of Green Tree Finance Corp.--Two, be invested in Eligible Investments that mature no later than the Business Day prior to the Seller and (iii) close the Capitalized Interest Account.next succeeding
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Green Tree Financial Corp)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Securities Administrator, on behalf of the Trustee, shall establish and maintain a segregated trust account that is an Eligible Account, which shall be titled “Capitalized Interest Account Deposit Account, U.S. Bank National Association, as trustee for the registered holders of Terwin Mortgage Trust 2005-6HE, Asset-Backed Certificates, Series TMTS 2005-6HE” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Securities Administrator by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee on behalf of the Certificateholders for the benefit of uses and purposes set forth herein. The Trustee hereby appoints the Offered CertificateholdersSecurities Administrator as its agent in connection with establishing and maintaining the Capitalized Interest Account pursuant to this Section 5.08. With respect to any Distribution Date up to and including the Distribution Date in June 2005, the Securities Administrator will withdraw from the Capitalized Interest Account and deposit into the Certificate Account an amount equal to the Required Withdrawal. The Seller is required to deposit into the Capitalized Interest Account an amount sufficient to permit the Securities Administrator to make the withdrawals required by this Section 5.08.
(b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of as directed in writing by the type specified in clause Seller (f) of provided that if the definition of Permitted InvestmentsSecurities Administrator does not receive written direction from the Seller, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on then amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess shall not be invested) with a maturity date no later than the Business Day preceding each Distribution Date. For federal income tax purposes, the Seller shall be the owner of the amounts to Capitalized Interest Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Capitalized Interest Account be so withdrawn an asset of any of the REMICs provided for herein. All income and gain realized from investment of funds deposited into in the Certificate Account) Capitalized Interest Account shall be paid or released for the sole and exclusive benefit of the Seller and shall be remitted by the Trustee Securities Administrator to the Seller on each Distribution Date. The Seller shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss.
(c) Upon the earliest of (i) the Distribution Date immediately following the end of the Funding Period and taxed to (ii) the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner termination of the Capitalized Interest Account. Any losses realized this Agreement in connection accordance with Section 10.01, any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, withdrawn by the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account and paid to the Seller and (iii) close the Capitalized Interest Accountor its designee.
Appears in 1 contract
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the a segregated trust account that is an Eligible Account, which shall be titled “Capitalized Interest Account. On , U.S. Bank National Association, as trustee for the Closing Date, registered holders of Lxxxxx XS Trust Mortgage Pass-Through Certificates Series 2006-18N” (the Trustee will deposit the “Capitalized Interest Account Deposit Account”). The Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Trustee by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee on behalf of the Certificateholders for the benefit uses and purposes set forth herein. With respect to each Distribution Date up to and including the Distribution Date in February 2007, the Trustee will withdraw funds from the Capitalized Interest Account and such funds shall be used to pay (i) first, to the Senior Certificates, the amount of any Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls for each such Class and such Distribution Date, in proportion to the amount of such shortfalls and (ii) second, to the Subordinate Certificates, in accordance with the Subordinate Priority, any applicable Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls for each such Class and such Distribution Date, in each case, after giving effect (x) to distributions under Section 5.02(d) and Section 5.02(e) and (y) in the case of the Offered CertificateholdersClass A2A and Class A4 Certificates, amounts paid to such Class on such Distribution Date out of amounts received on the Cap Agreement and Balance Guaranteed Cap Agreement, respectively.
(b) The Capitalized Interest Account Trustee will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to in Eligible Investments as directed in writing by the first Deposit Date shall be invested in Permitted Investments of Depositor (provided that if the type specified in clause (f) of Trustee does not receive written direction from the definition of Permitted InvestmentsDepositor, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of shall not be invested) with a maturity date no later than the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Business Day preceding each Distribution Date immediately following the end of the Funding Period and taxed to the SellerDate. For federal and state income tax purposes purposes, the Seller Depositor shall be deemed to be the owner of the Capitalized Interest AccountAccount and shall report all items of income, deduction, gain or loss arising therefrom. Any losses realized in connection with At no time will the Capitalized Interest Account be an asset of any such investment shall be for the account of the Seller REMICs provided for herein. All income and the Seller shall deposit the amount gain realized from investment of such loss (to the extent not offset by income from other investments) funds deposited in the Capitalized Interest Account shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor on each Distribution Date. The Depositor shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Eligible Investment immediately upon the realization of such loss. All amounts earned .
(c) On the Distribution Date in February 2007, any amount remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed withdrawn by the Trustee and paid to the SellerDepositor or its designee.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Capitalized Interest Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to cause to be established and maintained an account (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the “Capitalized Interest Account”) for the benefit of the Noteholders. On the Closing Date, the Indenture Trustee will shall deposit in the Capitalized Interest Account, from the proceeds from the sale of the Notes, an amount equal to the Capitalized Interest Amount. The Capitalized Interest Account Deposit shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “Silverleaf Timeshare Loan-Backed Notes, Series 2011-A—Capitalized Interest Account, Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account or, if and in all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Accountproceeds thereof. The Trustee shall hold the Capitalized Interest Account Deposit shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of Noteholders as their interests appear in the Trust but not part of Estate. If, at any REMIC Pool. Amounts held in time, the Capitalized Interest Account prior ceases to be an Eligible Bank Account, the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Indenture Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the within two (2) Business Days establish a new Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the “Capitalized Interest Account”. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for be made in the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.manner:
Appears in 1 contract
Samples: Indenture (Silverleaf Resorts Inc)
Capitalized Interest Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to cause to be established and maintained an account (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the “Capitalized Interest Account”) for the benefit of the Noteholders. On the Closing Date, the Issuer shall cause the Indenture Trustee will to deposit into the Capitalized Interest Account Deposit an amount equal to the Capitalized Interest Account Initial Deposit. The Capitalized Interest Account shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Receivables Note Trust 2010-A, Timeshare Loan-Backed Notes, Series 2010-A — Capitalized Interest Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account or, if and in all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Accountproceeds thereof. The Trustee shall hold the Capitalized Interest Account Deposit shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of Noteholders as their interests appear in the Trust but not part of Estate. If, at any REMIC Pool. Amounts held in time, the Capitalized Interest Account prior ceases to be an Eligible Bank Account, the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Indenture Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the within two Business Days establish a new Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of which if not maintained by the amounts Indenture Trustee is subject to be so withdrawn and deposited into an account control agreement satisfactory to the Certificate AccountIndenture Trustee) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the “Capitalized Interest Account”. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that will be made on the final Subsequent Transfer each Payment Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.as follows:
Appears in 1 contract
Samples: Indenture (Bluegreen Corp)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account, Wells Fargo Bank, N.A., as Indenture Trustee fox XXXCM Home Equity Loan Trust 2004-HE5" (the "Capitalized Interest Account"). On Notwithstanding anything herein to the Closing Datecontrary, the Trustee will deposit the Capitalized Interest Account Deposit shall not be an asset of any REMIC. To the extent that the Capitalized Interest Account constitutes a reserve fund for federal income tax purposes, (1) it shall be an outside reserve fund and not an asset of any REMIC, (2) it shall be owned by GMACM, as Seller and (3) amounts transferred by any REMIC to the Capitalized Interest Account shall be treated as transferred to GMACM, as Seller, or any successor, all within the meaning of Section 1.860G-2(h) of the Treasury Regulations. The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from GMACM, the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in Account and shall report all items of income, deduction, gain or loss arising therefrom.
(b) On each Payment Date during the Pre-Funding Period and on the date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account (which such amounts shall be held uninvested) an amount equal to the sum of (i) the Capitalized Interest Requirement for such Payment Date and (ii) the Excess Capitalized Interest Requirement for such Payment Date.
(c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. On any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount.
(d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Servicing Agreement (Gmacm Home Equity Loan Trust 2004-He5)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the a segregated trust account that is an Eligible Account, which shall be titled “Capitalized Interest Account. On , U.S. Bank National Association, as trustee for the Closing Date, registered holders of Lxxxxx XS Trust Mortgage Pass-Through Certificates Series 2006-GP2” (the Trustee will deposit the “Capitalized Interest Account Deposit Account”). The Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Trustee by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee on behalf of the Certificateholders for the benefit uses and purposes set forth herein. With respect to each Distribution Date up to and including the Distribution Date in August 2006, the Trustee will withdraw funds from the Capitalized Interest Account and such funds shall be used to pay (i) first, to the Senior Certificates, the amount of any Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls for each such class and such Distribution Date, in proportion to the Offered Certificateholdersamount of such shortfalls and (ii) second, to the Subordinate Certificates, in accordance with the Subordinate Priority, any applicable Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls for each such class and such Distribution Date, in each case, after giving effect to distributions under Section 5.02(d)(iv).
(b) The Capitalized Interest Account Trustee will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to in Eligible Investments as directed in writing by the first Deposit Date shall be invested in Permitted Investments of Depositor (provided that if the type specified in clause (f) of Trustee does not receive written direction from the definition of Permitted InvestmentsDepositor, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of shall not be invested) with a maturity date no later than the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Business Day preceding each Distribution Date immediately following the end of the Funding Period and taxed to the SellerDate. For federal and state income tax purposes purposes, the Seller Depositor shall be deemed to be the owner of the Capitalized Interest AccountAccount and shall report all items of income, deduction, gain or loss arising therefrom. Any losses realized in connection with At no time will the Capitalized Interest Account be an asset of any such investment shall be for the account of the Seller REMICs provided for herein. All income and the Seller shall deposit the amount gain realized from investment of such loss (to the extent not offset by income from other investments) funds deposited in the Capitalized Interest Account shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor on each Distribution Date. The Depositor shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Eligible Investment immediately upon the realization of such loss. All amounts earned .
(c) On the Distribution Date in August 2006, any amount remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed withdrawn by the Trustee and paid to the SellerDepositor or its designee.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Securities Administrator, on behalf of the Trustee, shall establish and maintain a segregated trust account that is an Eligible Account, which shall be titled "Capitalized Interest Account Deposit Account, U.S. Bank National Association, as trustee for the registered holders of Terwin Mortgage Trust 2005-16HE, Asset-Backed Certificates, Series TMTS 2005-16HE" (the "Capitalized Interest Account"). The Securities Xxxxxxxxxxxxx shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Securities Administrator by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee and the Securities Administrator on behalf of the Certificateholders for the benefit of uses and purposes set forth herein. With respect to any Distribution Date up to and including the Offered CertificateholdersDistribution Date in October 2005, the Securities Administrator will withdraw from the -148- Capitalized Interest Account and deposit into the Certificate Account an amount equal to the Required Withdrawal. The Seller is required to deposit into the Capitalized Interest Account an amount sufficient to permit the Securities Administrator to make the withdrawals required by this Section 5.10.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held funds deposited in the Capitalized Interest Account prior to shall remain uninvested. For federal income tax purposes, the first Deposit Date Seller shall be invested in Permitted Investments the owner of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Capitalized Interest Account be an asset of any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into REMICs provided for herein.
(c) Upon the Certificate Accountearliest of (i) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to (ii) the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner termination of the Capitalized Interest Account. Any losses realized this Agreement in connection accordance with Section 10.01, any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed to withdrawn by the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account Securities Administrator and paid to the Seller and (iii) close the Capitalized Interest Accountor its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Terwin Mortgage Trust, Series TMTS 2005-16he)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Securities Administrator, on behalf of the Trustee, shall establish and maintain a segregated trust account that is an Eligible Account, which shall be titled "Capitalized Interest Account Deposit Account, U.S. Bank National Association, as trustee for the registered holders of Terwin Mortgage Trust 2004-11HE, Asset-Backed Certificates, Series TMTS 2004-11HE" (the "Capitalized Interest Account"). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Securities Administrator by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee on behalf of the Certificateholders for the benefit of uses and purposes set forth herein. The Trustee hereby appoints the Offered CertificateholdersSecurities Administrator as its agent in connection with establishing and maintaining the Capitalized Interest Account pursuant to this Section 5.08. With respect to each Distribution Date prior to the Distribution Date in January 2005, the Securities Administrator will withdraw from the Capitalized Interest Account and deposit into the Certificate Account an amount equal to the Required Withdrawal. The Seller is required to deposit into the Capitalized Interest Account an amount sufficient to permit the Securities Administrator to make the withdrawals required by this Section 5.08.
(b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of as directed in writing by the type specified in clause Seller (f) of provided that if the definition of Permitted InvestmentsSecurities Administrator does not receive written direction from the Seller, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on then amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess shall not be invested) with a maturity date no later than the Business Day preceding each Distribution Date. For federal income tax purposes, the Seller shall be the owner of the amounts to Capitalized Interest Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Capitalized Interest Account be so withdrawn an asset of any of the REMICs provided for herein. All income and gain realized from investment of funds deposited into in the Certificate Account) Capitalized Interest Account shall be paid or released for the sole and exclusive benefit of the Seller and shall be remitted by the Trustee Securities Administrator to the Seller on each Distribution Date. The Seller shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss.
(c) Upon the earliest of (i) the Distribution Date immediately following the end of the Funding Period and taxed to (ii) the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner termination of the Capitalized Interest Account. Any losses realized this Agreement in connection accordance with Section 10.01, any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, withdrawn by the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account and paid to the Seller and (iii) close the Capitalized Interest Accountor its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Terwin Mortgage Trust, Series 2004-11he)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On the Closing Date, the Trustee Transferor will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account oran amount equal to $[__________] (such amount, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the "Capitalized Interest Account Deposit for Deposit") from the benefit proceeds of the Offered Certificateholderssale of the Notes.
(b) The On the Distribution Dates occurring in [month year], [month year] and [month year], the Trust Collateral Agent shall withdraw at the written direction of the Servicer (or if __________ is then performing the duties of Servicer hereunder, at the written direction of the Servicer with the reasonable assistance of the Indenture Trustee) from the Capitalized Interest Account will be part the Monthly Capitalized Interest Amount for such Distribution Date and deposit such amount in the Collection Account for application pursuant to Section 5.12.
(c) On the Distribution Dates occurring in __________, the Servicer (or if __________ is then performing the duties of Servicer hereunder, the Servicer with the reasonable assistance of the Indenture Trustee) shall instruct the Trust but not part Collateral Agent in writing to withdraw from the Capitalized Interest Account and pay to the Transferor on such Distribution Date an amount equal to the Overfunded Capitalized Interest Amount for such Distribution Date. Any amounts remaining in the Capitalized Interest Account on the Distribution Date which immediately follows the end of the Funding Period after taking into account any REMIC Pooltransfers pursuant to clause (b) above shall be remitted by the Trust Collateral Agent to the Transferor. Upon any such distributions to the Transferor, the Noteholders, the Certificateholder and the Note Insurer will have no further rights in, or claims to, such amounts.
(d) Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested by the Trust Collateral Agent in Permitted Eligible Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Business Day immediately preceding the next Distribution Date immediately following in accordance with written instructions from the end of the Funding Period. The Trustee Transferor and such investments shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess sold or disposed of the amounts prior to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Sellertheir maturity.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Sale and Servicing Agreement (United Fidelity Finance LLC)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account, Wxxxx Fargo Bank, N.A., as Indenture Trustee for GMACM Home Equity Loan Trust 2005-HE2" (the "Capitalized Interest Account"). On Notwithstanding anything herein to the Closing Datecontrary, the Trustee will deposit the Capitalized Interest Account Deposit shall not be an asset of any REMIC. To the extent that the Capitalized Interest Account constitutes a reserve fund for federal income tax purposes, (1) it shall be an outside reserve fund and not an asset of any REMIC, (2) it shall be owned by GMACM, as Seller and (3) amounts transferred by any REMIC to the Capitalized Interest Account shall be treated as transferred to GMACM, as Seller, or any successor, all within the meaning of Section 1.860G-2(h) of the Treasury Regulations. The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from GMACM, the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in Account and shall report all items of income, deduction, gain or loss arising therefrom.
(b) On each Payment Date during the Pre-Funding Period and on the date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account (which such amounts shall be held uninvested) an amount equal to the sum of (i) the Capitalized Interest Requirement for such Payment Date and (ii) the Excess Capitalized Interest Requirement for such Payment Date.
(c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. On any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount.
(d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Servicing Agreement (Gmacm Home Equity Loan Trust 2005-He2)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by The Master Servicer shall direct the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Indenture Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the invest funds on deposit in the Capitalized Interest Account in Permitted Investments or such other investment as may be acceptable to the Seller and Rating Agencies. No such investment in the Capitalized Interest Account shall mature later than the Business Day immediately preceding the next succeeding Payment Date (iii) close except if such investment is an obligation of, or is managed or advised by, the Indenture Trustee, in which case such investment shall mature not later than such Payment Date, or such other date as may be approved by the Rating Agencies). The Indenture Trustee shall identify by book entry to its appropriate records the status of the Trust as secured party with respect to the investments made with funds deposited into the Capitalized Interest Account. Any net investment income on the Capitalized Interest Account shall be deposited into or credited to the Capitalized Interest Account as received. On the Closing Date, the Transferor shall make a cash deposit from the proceeds of the sale of the Term Notes into the Capitalized Interest Account (which amount may be evidenced by a Letter of Credit delivered pursuant to Section 3.19, and which Letter of Credit may also be used in connection with Section 5.07(b)). On each Payment Date, the Indenture Trustee shall, to the extent of funds on deposit in the Capitalized Interest Account, withdraw the Capitalized Interest Requirement, as specified by the Master Servicer in a notice to the Indenture Trustee for such purpose, from the Capitalized Interest Account and deposit the Capitalized Interest Requirement into the Trustee Collection Account to be distributed in accordance with Section 3.05(a) of the Indenture. Following the withdrawal of the Capitalized Interest Requirement as set forth in the immediately preceding sentence on each Payment Date, the Indenture Trustee shall, to the extent of funds on deposit in the Capitalized Interest Account, withdraw the Overfunded Capitalized Interest Amount from the Capitalized Interest Account and pay it to or at the direction of the Transferor. At the end of the Pre-Funding Period, following any required transfer pursuant to the two immediately preceding sentences, the Indenture Trustee shall, to the extent of funds on deposit in the Capitalized Interest Account, withdraw all the entire amount then on deposit in the Capitalized Interest Account and pay it to or at the direction of the Transferor.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Bear Stearns Asset Backed Sec Inc Irwin Home Eq Lo Tr 2001-2)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Trustee will shall establish a capitalized interest account (the "Capitalized Interest Account"), which must be an Eligible Account. The Capitalized Interest Account is to be held by and for the benefit of the Trustee on behalf of the Certificateholders, and shall be either in the Trustee's name or designated in a manner that reflects the custodial nature of the account and that all funds (including investment earnings thereon) in such account are held for the benefit of the Trustee.
(b) On or before the Closing Date, OMI shall deposit $551,444 in the Capitalized Interest Account. The Trustee shall, on the Business Day immediately preceding each Capitalized Interest Account Distribution Date, withdraw the Capitalized Interest Account Withdrawal Amount (as calculated by the Servicer and set forth in the related Remittance Report pursuant to Section 9(a)(9)), if any, from the Capitalized Interest Account, and shall deposit the Capitalized Interest Account Deposit Withdrawal Amount into the Distribution Account, in order to pay:
(i) first, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class A Certificates for such Distribution Date,
(ii) second, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class M-1 Certificates for such Distribution Date,
(iii) third, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class M-2 Certificates for such Distribution Date,
(iv) fourth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class B-1 Certificates for such Distribution Date, and
(v) fifth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class B-2 Certificates for such Distribution Date.
(c) The Capitalized Interest Account shall be part of the Trust, but not part of the Pooling REMIC or the Issuing REMIC. The Trustee, on behalf of the Trust, shall be the legal owner of the Capitalized Interest Account. OMI shall be the beneficial owner of the Capitalized Interest Account, subject to the foregoing power of the Trustee to transfer amounts in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on to the Closing Date, in the Certificate Distribution Account. The Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Funds in the Capitalized Interest Account prior to shall, at the first Deposit Date shall direction of the Servicer, be invested in Permitted Eligible Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall that mature no later than the Deposit Date immediately following Business Day prior to the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereofrelated Capitalized Interest Account Distribution Date. All interest and other investment earnings amounts earned on amounts held deposits in the Capitalized Interest Account (and any other amounts remaining on deposit therein shall be taxable to OMI. The Trustee shall release to OMI all investment earnings in excess the Capitalized Interest Account upon written notice from an officer of OMI to the Trustee that all of the amounts Subsequent Assets have been transferred to be so withdrawn and deposited into the Certificate Account) Trust. The Capitalized Interest Account shall be paid an "outside reserve fund" within the meaning of Treasury regulation section 1.806G-2(h). The owner of the Capitalized Interest Account for tax purposes shall be OMI. For all federal tax purposes, amounts transferred by either the Pooling REMIC or released the Issuing REMIC to the Capitalized Interest Account shall be treated as amounts distributed by the applicable REMIC to OMI. The Trustee shall release to OMI all funds remaining in the Seller Capitalized Interest Account on the Distribution Date immediately following the end final transfer of Subsequent Assets to the Trust upon written notice from an officer of OMI to the Trustee (which may be contained in the Notice and Direction to the Trustee under Section 8(b)(1)) that all of the Funding Period and taxed Subsequent Assets have been transferred to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the SellerTrust.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Trustee will shall establish the Capitalized Interest Account, which must be an Eligible Account. The Capitalized Interest Account is to be held by and for the benefit of the Trustee on behalf of the Certificateholders, and shall be either in the Trustee's name or designated in a manner that reflects the custodial nature of the account and that all funds (including investment earnings thereon) in such account are held for the benefit of the Trustee.
(b) On or before the Closing Date, OMI shall deposit $342,263 in the Capitalized Interest Account. The Trustee shall, on the Business Day immediately preceding each Capitalized Interest Account Distribution Date, withdraw the Capitalized Interest Account Deposit Withdrawal Amount (as calculated by the Servicer and set forth in the related Remittance Report pursuant to Section 12(a)(ix) hereof), if any, from the Capitalized Interest Account in order to pay:
(i) first, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class A Certificates for such Distribution Date,
(ii) second, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class M-1 Certificates for such Distribution Date,
(iii) third, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class M-2 Certificates for such Distribution Date,
(iv) fourth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class B-1 Certificates for such Distribution Date, and
(v) fifth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class B-2 Certificates for such Distribution Date.
(c) The Capitalized Interest Account shall be part of the Trust, but not part of the Pooling REMIC, the Intermediate REMIC or the Issuing REMIC. The Trustee, on behalf of the Trust, shall be the legal owner of the Capitalized Interest Account. OMI shall be the beneficial owner of the Capitalized Interest Account, subject to the foregoing power of the Trustee to withdraw amounts from the Capitalized Interest Account. Funds in the Capitalized Interest Account orshall, if all Subsequent Mortgage Loans are purchased on at the Closing Datedirection of the Servicer, be invested in Eligible Investments that mature no later than the Certificate Account. The Trustee shall hold Business Day prior to the related Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC PoolDistribution Date. Amounts held All amounts earned on deposits in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Periodtaxable to OMI. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other release to OMI all investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess upon written notice from an officer of OMI to the Trustee that all of the amounts Subsequent Assets have been transferred to be so withdrawn and deposited into the Certificate Account) Trust. The Capitalized Interest Account shall be paid an "outside reserve fund" within the meaning of Treasury regulation ss. 1.806G-2(h). The owner of the Capitalized Interest Account for tax purposes shall be OMI. For all federal tax purposes, amounts transferred by any of the Pooling REMIC, the Intermediate REMIC, or released the Issuing REMIC to the Capitalized Interest Account shall be treated as amounts distributed by the applicable REMIC to OMI.
(d) The Trustee shall release to OMI all funds remaining in the Seller Capitalized Interest Account on the Distribution Date immediately following the end final transfer of Subsequent Assets to the Trust upon written notice from an officer of OMI to the Trustee (which may be contained in the Notice and Direction to the Trustee under Section 10(b)(i) hereof) that all of the Funding Period and taxed Subsequent Assets have been transferred to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the SellerTrust.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by The Servicer, for the Trust on benefit of the Closing DateSecurityholders, or unless shall cause to be established and maintained in the name of the Indenture Trustee a Capitalized Interest Account is not specified (the "Capitalized Interest Account"), which shall be a separate Eligible Account and may be interest-bearing, entitled "Capitalized Interest Account, U.S. Bank National Association, as Indenture Trustee, in Article Itrust for the Empire Funding Home Loan Asset Backed Notes, Series 1997-5." The Capitalized Interest Account may be maintained with the Indenture Trustee or any other depository institution which satisfies the requirements set forth in the definition of Eligible Account. The creation of a Capitalized Interest Account other than one maintained with the Indenture Trustee shall establish be evidenced by a letter agreement between the Servicer and maintain the depository institution acceptable to the Indenture Trustee. A copy of such letter agreement shall be furnished to the Indenture Trustee and, upon request of any Securityholder, to such Securityholder. Funds in the Capitalized Interest AccountAccount shall be invested in accordance with Section 5.03 hereof. On the Closing Date, the Owner Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all the Capitalized Interest Initial Deposit from the net proceeds of the sale of the Notes and the Certificates and on each Subsequent Mortgage Loans are purchased on Transfer Date the Closing Date, Owner Trustee will deposit in the Certificate Account. The Trustee shall hold the Capitalized Interest Account any applicable Capitalized Interest Subsequent Deposit for the benefit of the Offered Certificateholderswith respect to each Subsequent Loan.
(b) The Capitalized Interest Account On each Determination Date during the Pre-Funding Period (including the Determination Date in the month following the Due Period during which the Pre-Funding Period ends), the Indenture Trustee will be part of the Trust but not part of any REMIC Pool. Amounts held in withdraw from the Capitalized Interest Account prior an amount equal to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account Requirement and deposit such amount into the Collection Account.
(and c) On the Mandatory Redemption Date, any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed paid to the SellerTransferor.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1997-5)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account, Wexxx Xargo Bank, N.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2005-5, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Capitalized Interest Account Deposit shall be deemed to consist of two sub-accounts, the “Group I Capitalized Interest Sub-Account” and the “Group II Capitalized Interest Sub-Account”. The Securities Administrator shall, promptly upon receipt, deposit in the related sub-account and retain therein the Original Group I Capitalized Interest Amount and Original Group II Capitalized Interest Amount, as applicable, remitted on the Closing Date by the Depositor. Funds deposited in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, shall be held in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein.
(b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain (net of any losses) realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the Sellerapplicable sub-account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder.
(c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date amount remaining in the Trustee shall (i) transfer the Group I Capitalized Interest RequirementSub-Account or Group II Capitalized Interest Sub-Account, if anyas applicable, for the following related Distribution Date from Date. If any funds remain in the Capitalized Interest Account to at the Certificate Account, (ii) remit the balance end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities, Inc. Mortgage Loan Trust, Series 2005-5)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the The Indenture Trustee shall establish cause to be established and maintain maintained an account (the “Capitalized Interest Account”) for the benefit of the Noteholders. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit Issuer shall cause to be deposited in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold an amount equal to the Capitalized Interest Account Initial Deposit from the proceeds of the sale of the Notes. The Capitalized Interest Account shall be an Eligible Bank Account initially established at the Corporate Trust Office of the Indenture Trustee, bearing the following designation “Diamond Resorts Owner Trust 2014-1 -- Capitalized Interest Account, Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Offered Certificateholders.
(b) Noteholders”. The Capitalized Interest Account will be part Indenture Trustee on KL2 2868730.8 behalf of the Trust but not part of any REMIC Pool. Amounts held Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account prior to the first Deposit Date and in all proceeds thereof. The Capitalized Interest Account shall be invested in Permitted Investments under the sole dominion and control of the type specified in clause (f) Indenture Trustee for the benefit of the definition of Permitted InvestmentsNoteholders as their interests appear in the Trust Estate. If, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for at any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in time, the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts ceases to be so withdrawn and deposited into an Eligible Bank Account, the Certificate AccountIndenture Trustee shall, in accordance with Section 3.01(l), establish a new Capitalized Interest Account (which if not maintained by the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the “Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned .” Amounts on deposit in the Capitalized Interest Account shall be taxed invested in accordance with Section 3.01 hereof. Deposits to the Seller.
(c) On each Prefunding Distribution Date, the Trustee Capitalized Interest Account shall transfer be made in accordance with Section 3.04 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for be made in the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.manner:
Appears in 1 contract
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, [Name of Master Servicer], in trust for the registered holders of Deutsche Mortgage Securities, Inc. Mortgage Loan Trust, Series 200[__]-[__], Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein.
(b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder.
(c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.]
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Mortgage Securities Inc)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, Xxxxx Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-A Securities Mortgage Loan Trust, Series 2006-AR6, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein.
(b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder.
(c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar6)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Securities Administrator, on behalf of the Trustee, shall establish and maintain a segregated trust account that is an Eligible Account, which shall be titled "Capitalized Interest Account Deposit Account, HSBC Bank USA, N.A., as trustee for the registered holders of Ownit Mortgage Trust 2005-2, Mortgage Loan, Asset-Backed Certificates, Series 2005-2" (the "Capitalized Interest Account"). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Securities Administrator by the Depositor and any amounts of income and gain realized from investment of funds deposited in the Certificate AccountPre-Funding Account pursuant to Section 4.06(a). The Trustee shall hold Funds deposited in the Capitalized Interest Account Deposit shall be held in trust by the Trustee on behalf of the Certificateholders for the benefit of uses and purposes set forth herein. The Trustee hereby appoints the Offered CertificateholdersSecurities Administrator as its agent in connection with establishing and maintaining the Capitalized Interest Account pursuant to this Section 4.07. With respect to each Distribution Date during the Funding Period, the Securities Administrator will withdraw from the Capitalized Interest Account and deposit into the Certificate Account an amount equal to the Required Withdrawal. The Depositor is required to deposit into the Capitalized Interest Account no later than the Business Day prior to each Distribution Date during the Funding Period an amount sufficient to permit the Securities Administrator to make the withdrawals required by this Section 4.07.
(b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of as directed in writing by the type specified in clause Depositor (f) of provided that if the definition of Permitted InvestmentsSecurities Administrator does not receive written direction from the Depositor, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on then amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess shall not be invested) with a maturity date no later than the Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor shall be the owner of the amounts to Capitalized Interest Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Capitalized Interest Account be so withdrawn an asset of any of the REMICs provided for herein. All income and gain realized from investment of funds deposited into in the Certificate Account) Capitalized Interest Account shall be paid or released for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee Securities Administrator to the Seller Depositor on each Distribution Date, if such amounts are not used as part of the Required Withdrawal. The Depositor shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss.
(c) Upon the earliest of (i) the Distribution Date immediately following the end of the Funding Period and taxed to (ii) the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner termination of the Capitalized Interest Account. Any losses realized this Agreement in connection accordance with Section 9.01, any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed withdrawn by the Trustee and paid to the SellerDepositor or its designee.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Ownit Series 2005-2)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Trustee will deposit shall establish the Capitalized Interest Account, which must be an Eligible Account. The Capitalized Interest Account Deposit is to be held by and for the benefit of the Trustee on behalf of the Certificateholders, and shall be either in the Trustee's name or designated in a manner that reflects the custodial nature of the account and that all funds (including investment earnings thereon) in such account are held for the benefit of the Trustee.
(b) On or before the Closing Date, OMI shall deposit $277,100 in the Capitalized Interest Account. After the Closing Date, OMI shall deposit additional amounts in the Capitalized Interest Account orto the extent that, if all Subsequent Mortgage Loans are purchased on after the Closing Date, in the Certificate Account. The Trustee shall hold withdrawal and application of funds from the Capitalized Interest Account Deposit pursuant to this Section 11, any deficiency in the Available Distribution Amount remains. The Trustee shall, on the Business Day immediately preceding each Capitalized Interest Account Distribution Date, withdraw the Capitalized Interest Account Withdrawal Amount (as calculated by the Servicer and set forth in the related Remittance Report pursuant to Section 12(a)(ix) hereof), if any, from the Capitalized Interest Account for deposit in the Distribution Account in order to pay:
(i) first, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the benefit of Class A Certificates for such Distribution Date,
(ii) second, any deficiency in the Offered CertificateholdersAvailable Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class M-1 Certificates for such Distribution Date,
(iii) third, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class M-2 Certificates for such Distribution Date,
(iv) fourth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class B-1 Certificates for such Distribution Date,
(v) fifth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class B-2 Certificates for such Distribution Date; and
(vi) sixth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class X Certificates for such Distribution Date.
(bc) The Capitalized Interest Account will shall be part of the Trust Trust, but not part of any the Pooling REMIC, the Intermediate REMIC Poolor the Issuing REMIC. Amounts held The Trustee, on behalf of the Trust, shall be the legal owner of the Capitalized Interest Account. OMI shall be the beneficial owner of the Capitalized Interest Account, subject to the foregoing power of the Trustee to withdraw amounts from the Capitalized Interest Account. Funds in the Capitalized Interest Account prior to shall, at the first Deposit Date shall direction of the Servicer, be invested in Permitted Eligible Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall that mature no later than the Deposit Date immediately following Business Day prior to the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereofrelated Capitalized Interest Account Distribution Date. All interest and other investment earnings amounts earned on amounts held deposits in the Capitalized Interest Account (and any other amounts remaining on deposit therein shall be taxable to OMI. The Trustee shall release to OMI all investment earnings in excess the Capitalized Interest Account upon written notice from an officer of OMI to the Trustee that all of the amounts Subsequent Assets have been transferred to be so withdrawn and deposited into the Certificate Account) Trust. The Capitalized Interest Account shall be paid an "outside reserve fund" within the meaning of Treasury regulation (S) 1.806G-2(h). The owner of the Capitalized Interest Account for tax purposes shall be OMI. For all federal tax purposes, amounts transferred by any of the Pooling REMIC, the Intermediate REMIC, or released the Issuing REMIC to the Capitalized Interest Account shall be treated as amounts distributed by the applicable REMIC to OMI.
(d) The Trustee shall release to OMI all funds remaining in the Seller Capitalized Interest Account on the Distribution Date immediately following the end final transfer of Subsequent Assets to the Trust upon written notice from an officer of OMI to the Trustee (which may be contained in the Notice and Direction to the Trustee under Section 10(b)(i) hereof) that all of the Funding Period and taxed Subsequent Assets have been transferred to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the SellerTrust.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, Xxxxx Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-AB3, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders and the Offered CertificateholdersCertificate Insurer for the uses and purposes set forth herein.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Securities Administrator shall invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder.
(c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.06, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-Ab3)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Securities Administrator, on behalf of the Trustee, shall establish and maintain a segregated trust account that is an Eligible Account, which shall be titled "Capitalized Interest Account Deposit Account, U.S. Bank National Association, as trustee for the registered holders of Terwin Mortgage Trust 2004-5HE, Asset-Backed Certificates, TMTS Series 2004-5HE" (the "Capitalized Interest Account"). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Securities Administrator by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee on behalf of the Certificateholders for the benefit of uses and purposes set forth herein. The Trustee hereby appoints the Offered CertificateholdersSecurities Administrator as its agent in connection with establishing and maintaining the Capitalized Interest Account pursuant to this Section 5.08. With respect to each Distribution Date prior to the Distribution Date in October 2004, the Securities Administrator will withdraw from the Capitalized Interest Account and deposit into the Certificate Account an amount equal to the Required Withdrawal. The Seller is required to deposit into the Capitalized Interest Account an amount sufficient to permit the Securities Administrator to make the withdrawals required by this Section 5.08.
(b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of as directed in writing by the type specified in clause Seller (f) of provided that if the definition of Permitted InvestmentsSecurities Administrator does not receive written direction from the Seller, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on then amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess shall not be invested) with a maturity date no later than the Business Day preceding each Distribution Date. For federal income tax purposes, the Seller shall be the owner of the amounts to Capitalized Interest Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Capitalized Interest Account be so withdrawn an asset of any of the REMICs provided for herein. All income and gain realized from investment of funds deposited into in the Certificate Account) Capitalized Interest Account shall be paid or released for the sole and exclusive benefit of the Seller and shall be remitted by the Trustee Securities Administrator to the Seller on each Distribution Date. The Seller shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss. Upon the earliest of (i) the Distribution Date immediately following the end of the Funding Period and taxed to (ii) the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner termination of the Capitalized Interest Account. Any losses realized this Agreement in connection accordance with Section 10.01, any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, withdrawn by the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account and paid to the Seller and (iii) close the Capitalized Interest Accountor its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mort Inv Inc Asst Back Certs Ser TMTS 2004 5he)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by The Servicer, for the Trust on benefit of the Closing DateSecurityholders, or unless shall cause to be established and maintained in the name of the Indenture Trustee a Capitalized Interest Account is not specified (the "Capitalized Interest Account"), which shall be a separate Eligible Account and may be interest-bearing, entitled "Capitalized Interest Account, Norwest Bank Minnesota, National Association, as Indenture Trustee, in Article Itrust for the Life Financial Home Loan Asset Backed Notes, Series 1997-3." The Capitalized Interest Account may be maintained with the Indenture Trustee or any other depository institution which satisfies the requirements set forth in the definition of Eligible Account. The creation of a Capitalized Interest Account other than one maintained with the Indenture Trustee shall establish be evidenced by a letter agreement between the Servicer and maintain the depository institution acceptable to the Indenture Trustee. A copy of such letter agreement shall be furnished to the Indenture Trustee and, upon request of any Securityholder, to such Securityholder. Funds in the Capitalized Interest AccountAccount shall be invested in accordance with Section 5.03 hereof. On the Closing Date, the Owner Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all the Capitalized Interest Initial Deposit from the net proceeds of the sale of the Notes and the Certificates and on each Subsequent Mortgage Loans are purchased on Transfer Date the Closing Date, Owner Trustee will deposit in the Certificate Account. The Trustee shall hold the Capitalized Interest Account any applicable Capitalized Interest Subsequent Deposit for the benefit of the Offered Certificateholderswith respect to each Subsequent Loan.
(b) The Capitalized Interest Account On each Determination Date during the Pre-Funding Period (including the Determination Date in the month following the Due Period during which the Pre-Funding Period ends), the Indenture Trustee will be part of the Trust but not part of any REMIC Pool. Amounts held in withdraw from the Capitalized Interest Account prior an amount equal to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account Requirement and deposit such amount into the Collection Account.
(and c) On the Mandatory Redemption Date, any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed paid to the SellerTransferor.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Life Financial Home Loan Owner Trust 1997-3)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Trustee will shall establish the Capitalized Interest Account, which must be an Eligible Account. The Capitalized Interest Account is to be held by and for the benefit of the Trustee on behalf of the Certificateholders, and shall be either in the Trustee's name or designated in a manner that reflects the custodial nature of the account and that all funds (including investment earnings thereon) in such account are held for the benefit of the Trustee.
(b) On or before the Closing Date, OMI shall deposit $361,000 in the Capitalized Interest Account. The Trustee shall, on the Business Day immediately preceding each Capitalized Interest Account Distribution Date, withdraw the Capitalized Interest Account Deposit Withdrawal Amount (as calculated by the Servicer and set forth in the related Remittance Report pursuant to Section 11(a)(ix) hereof), if any, from the Capitalized Interest Account for deposit in the Distribution Account in order to pay:
(i) first, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class A Certificates for such Distribution Date,
(ii) second, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class M-1 Certificates for such Distribution Date,
(iii) third, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class M-2 Certificates for such Distribution Date,
(iv) fourth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class B-1 Certificates for such Distribution Date,
(v) fifth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class B-2 Certificates for such Distribution Date; and
(vi) sixth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Class X Carryover Strip Amount for the Class X Certificates for such Distribution Date. After the Closing Date, OMI shall deposit additional amounts in the Capitalized Interest Account orto the extent that, if all Subsequent Mortgage Loans are purchased on after the Closing Date, in the Certificate Account. The Trustee shall hold withdrawal and application of funds from the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholderspursuant to this Section 10, any deficiency described in clauses (i)-(vi) above remains.
(bc) The Capitalized Interest Account will shall be part of the Trust Trust, but not part of any the Pooling REMIC, the Intermediate REMIC Poolor the Issuing REMIC. Amounts held The Trustee, on behalf of the Trust, shall be the legal owner of the Capitalized Interest Account. OMI shall be the beneficial owner of the Capitalized Interest Account, subject to the foregoing power of the Trustee to withdraw amounts from the Capitalized Interest Account. Funds in the Capitalized Interest Account prior to shall, at the first Deposit Date shall direction of the Servicer, be invested in Permitted Eligible Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall that mature no later than the Deposit Date immediately following Business Day prior to the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereofrelated Capitalized Interest Account Distribution Date. All interest and other investment earnings amounts earned on amounts held deposits in the Capitalized Interest Account (and any other amounts remaining on deposit therein shall be taxable to OMI. The Trustee shall release to OMI all investment earnings in excess the Capitalized Interest Account upon written notice from an officer of OMI to the Trustee that all of the amounts Subsequent Assets have been transferred to be so withdrawn and deposited into the Certificate Account) Trust. The Capitalized Interest Account shall be paid an "outside reserve fund" within the meaning of Treasury regulation (S) 1.806G-2(h). The owner of the Capitalized Interest Account for tax purposes shall be OMI. For all federal tax purposes, amounts transferred by any of the Pooling REMIC, the Intermediate REMIC, or released the Issuing REMIC to the Capitalized Interest Account shall be treated as amounts distributed by the applicable REMIC to OMI.
(d) The Trustee shall release to OMI all funds remaining in the Seller Capitalized Interest Account on the Distribution Date immediately following the end final transfer of Subsequent Assets to the Trust upon written notice from an officer of OMI to the Trustee (which may be contained in the Notice and Direction to the Trustee under Section 9(b)(i) hereof) that all of the Funding Period and taxed Subsequent Assets have been transferred to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the SellerTrust.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , JPMorgan Chase Bank, as Indenture Trustee for GMACM Home Loan Trust 2004-HLTV1" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account orand retain therein the Interest Coverage Amount. In addition, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Indenture Trustee shall hold promptly, upon receipt, deposit in the Capitalized Interest Account Deposit for Account, an additional amount equal to $84,864.15, which amount is equal to one month's interest on the benefit Cut-Off Date Principal Balances of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of Home Loans for which the Trust but first monthly payment is due on or after October 1, 2004. If the Indenture Trustee shall not part of any REMIC Pool. Amounts held have received an investment direction from GMACM, the Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee GMACM shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. GMACM shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest AccountAccount and shall report all items of income, deduction, gain or loss arising therefrom.
(b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the lesser of (i) the Capitalized Interest Requirement for such Payment Date and (ii) the excess, if any, of (A) the amount necessary to pay interest for the related Interest Period at the applicable Note Rate on the related Note Balances of the Notes immediately prior to such Payment Date over (B) the funds on deposit in the Note Payment Account on such Payment Date (after giving effect to all other deposits of funds into the Note Payment Account on such Payment Date other than any Insured Amount pursuant to Section 3.28(a) of the Indenture in respect of accrued interest on the Notes). Any losses realized In addition, on the first Payment Date, the Indenture Trustee will transfer $84,864.15 from the Capitalized Interest Account to the Note Payment Account to be applied in accordance with Section 3.05 of the Indenture.
(c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Home Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. With the written consent of the Credit Enhancer (which consent shall not be unreasonably withheld), on any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount.
(d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Servicing Agreement (GMACM Home Loan Trust 2004-Hltv1)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, Wxxxx Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2005-4, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein.
(b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in or the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain (net of any losses) realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder.
(c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities, Inc. Mortgage Loan Trust, Series 2005-4)
Capitalized Interest Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to cause to be established and maintained an account (athe "CAPITALIZED INTEREST ACCOUNT") Unless all Subsequent Mortgage Loans are purchased by for the Trust on benefit of the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest AccountNoteholders. On the Closing Date, the Indenture Trustee will deposit shall deposit, from the proceeds from the sale of the Notes, an amount equal to the Capitalized Interest Account Deposit Initial Deposit. The Capitalized Interest Account shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation "BXG Receivables Note Trust 2004-B -- Capitalized Interest Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders". The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account or, if and in all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Accountproceeds thereof. The Trustee shall hold the Capitalized Interest Account Deposit shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of Noteholders as their interests appear in the Trust but not part of Estate. If, at any REMIC Pool. Amounts held in time, the Capitalized Interest Account prior ceases to be an Eligible Bank Account, the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Indenture Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the within two (2) Business Days establish a new Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the "Capitalized Interest Account". Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that will be made on the final Subsequent Transfer each Payment Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.as follows:
Appears in 1 contract
Samples: Indenture (Bluegreen Corp)
Capitalized Interest Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to cause to be established and maintained an account (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the “Capitalized Interest Account”) for the benefit of the Noteholders. On the Closing Date, the Indenture Trustee will shall deposit in the Capitalized Interest Account, from the proceeds from the sale of the Notes, an amount equal to the Capitalized Interest Amount. The Capitalized Interest Account Deposit shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “Silverleaf Timeshare Loan-Backed Notes, Series 2006-A―Capitalized Interest Account, Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account or, if and in all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Accountproceeds thereof. The Trustee shall hold the Capitalized Interest Account Deposit shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of Noteholders as their interests appear in the Trust but not part of Collateral. If, at any REMIC Pool. Amounts held in time, the Capitalized Interest Account prior ceases to be an Eligible Bank Account, the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Indenture Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the within two (2) Business Days establish a new Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the “Capitalized Interest Account”. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for be made in the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.manner:
Appears in 1 contract
Samples: Indenture (Silverleaf Resorts Inc)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , Norwest Bank Minnesota, National Association, as Indenture Trustee for GMACM Home Equity Loan Trust 2000-HE2" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from the Capitalized Interest Account Deposit for Seller, the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized Account and shall report all items of income, deduction, gain or loss arising therefrom.
(b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the lesser of (i) the Capitalized Interest Requirement for such Payment Date and (ii) the excess, if any, of (A) the amount necessary to pay interest for the related Interest Period at the applicable Note Rate on the related Note Balances of the Notes immediately prior to such Payment Date over (B) the funds on deposit in the Note Payment Account on such Payment Date (after giving effect to all other deposits of funds into the Note Payment Account on such Payment Date other than any Policy Draw Amount pursuant to Section 3.28(a)(i) of the Indenture).
(c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. With the written consent of the Enhancer (which consent shall not be unreasonably withheld), on any such investment shall be for the account of the Seller and Subsequent Transfer Date, the Seller shall deposit instruct the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount.
(d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , Norwest Bank Minnesota, National Association, as Indenture Trustee for GMACM Home Equity Loan Trust 2000-HE1" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from the Capitalized Interest Account Deposit for Seller, the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end of the Funding Periodnext succeeding Payment Date. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized Account and shall report all items of income, deduction, gain or loss arising therefrom.
(b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the lesser of (i) the Capitalized Interest Requirement for such Payment Date and (ii) the excess, if any, of (A) the amount necessary to pay interest for the related Interest Period at the related Note Rates on the related Note Balances of the Notes immediately prior to such Payment Date over (B) the funds on deposit in the Note Payment Account on such Payment Date (after giving effect to all other deposits of funds into the Note Payment Account on such Payment Date other than any Policy Draw Amount pursuant to Section 3.28(a)(i) of the Indenture).
(c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. With the written consent of the Enhancer (which consent shall not be unreasonably withheld), on any such investment shall be for the account of the Seller and Subsequent Transfer Date, the Seller shall deposit instruct the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount.
(d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the Seller.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Servicing Agreement (Residential Asset Mortgage Products Inc)
Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , JPMorgan Chase Bank, as Indenture Trustee for Wachovia Asset Securitization, Inc. 2002-HE1 Trust" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received a written investment direction from Seller, the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders.
(b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Seller shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by Capitalized Interest Account the Trustee to the Seller on the Distribution Date amount of any net loss incurred in respect of any such Permitted Investment immediately following the end upon realization of the Funding Period and taxed to the Sellersuch loss without any right of reimbursement therefor. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in Account and shall report all items of income, deduction, gain or loss arising therefrom.
(b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date.
(c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. With the written consent of the Enhancer (which consent shall not be unreasonably withheld), on any such investment shall be for the account of the Seller and the Subsequent Transfer Date, Seller shall deposit instruct in writing the amount of such loss (Indenture Trustee to pay the extent not offset by income Depositor from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount.
(d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerDepositor.
(c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.
Appears in 1 contract
Samples: Servicing Agreement (Wachovia Asset Sec Inc Asst Back Notes Ser 2002 He1)