Common use of Determination of MTA Clause in Contracts

Determination of MTA. On each MTA Determination Date for a Class of MTA Certificates, the Trust Administrator shall determine MTA for the applicable Distribution Date on the basis of the twelve-month average yields on United States Treasury securities adjusted to a constant maturity of one year, as published by the Federal Reserve Board in Statistical Release H.15(519). If on any MTA Determination Date for a Class of MTA Certificates, the Trust Administrator is unable to determine MTA on the basis of the method set forth in the preceding paragraph, MTA for the applicable Distribution Date will be whichever is higher of (x) MTA as determined on the previous MTA Determination Date for such Class of MTA Certificates or (y) the Reserve Interest Rate. If on any MTA Determination Date for a Class of MTA Certificates, the Trust Administrator is unable to determine MTA on the basis of the method set forth in the preceding paragraph, the Trust Administrator will choose a new index for the MTA certificates that is based on comparable information. When the Trust Administrator chooses a new index for the MTA certificates, it will increase or decrease the related margin by the difference between MTA for the final three years it was in effect and the average of the most recent three years for the replacement index. The related margin will be increased by that difference if the average MTA is greater than the average replacement index and the related margin will be decreased by that difference if the replacement index is greater than the average MTA. The Trust Administrator will have no liability for the selection of such alternative index (and will be entitled to rely on such advice, if any, as it may deem appropriate in such selection), except that the Trust Administrator will select a particular index as the alternative index only if it receives an opinion of counsel (furnished at the trust fund’s expense) that the selection of such index will not cause any REMIC to lose its classification as a REMIC for federal income tax purposes. The establishment of MTA by the Trust Administrator and the Trust Administrator’s subsequent calculation of the rates of interest applicable to each of the MTA Certificates will, in the absence of manifest error, be final and binding. After a MTA Determination Date, the Trust Administrator shall provide the Pass-Through Rates of the MTA Certificates for the related Distribution Date to Certificate Owners or Holders of MTA Certificates who place a telephone call to the Trust Administrator at (000) 000-0000 and make a request therefor.

Determination of MTA. On the first MTA Determination Date, MTA for any Class of MTA Certificates shall be equal to the Initial MTA Rate, and on each MTA Determination Date thereafter for a any Class of MTA Certificates, the Trust Administrator shall determine MTA for the applicable Distribution Date on the basis of the twelve-month average yields on United States Treasury securities adjusted to a constant maturity of one year, as published by the Federal Reserve Board in Statistical Release H.15(519). If on any MTA Determination Date for a Class of MTA Certificates, the Trust Administrator is unable to determine MTA on the basis of the method set forth in the preceding paragraph, MTA for the applicable Distribution Date will be whichever is higher of (x) MTA as determined on the previous MTA Determination Date for such Class of MTA Certificates or (y) the Reserve Interest Rate. If on any MTA Determination Date for a Class of MTA Certificates, the Trust Administrator is unable to determine MTA on the basis of the method set forth in the preceding paragraph, the Trust Administrator will choose a new index for the MTA certificates Certificates that is based on comparable information. When the Trust Administrator chooses a new index for the MTA certificatesCertificates, it will increase or decrease the related margin by the difference between MTA for the final three years it was in effect and the average of the most recent three years for the replacement index. The related margin will be increased by that difference if the average MTA is greater than the average replacement index and the related margin will be decreased by that difference if the replacement index is greater than the average MTA. The Trust Administrator will have no liability for the selection of such alternative index (and will be entitled to rely on such advice, if any, as it may deem appropriate in such selection), except that the Trust Administrator will select a particular index as the alternative index only if it receives an opinion of counsel (furnished at the trust fund’s expense) that the selection of such index will not cause any REMIC to lose its classification as a REMIC for federal income tax purposes. The establishment of MTA by the Trust Administrator and the Trust Administrator’s subsequent calculation of the rates of interest applicable to each of the MTA Certificates will, in the absence of manifest error, be final and binding. After a MTA Determination Date, the Trust Administrator shall provide the Pass-Through Rates of the MTA Certificates for the related Distribution Date to Certificate Owners or Holders of MTA Certificates who place a telephone call to the Trust Administrator at (000) 000-0000 and make a request therefor.

Determination of MTA. On the first MTA Determination Date, MTA for any Class of Group I MTA Certificates shall be equal to the Initial MTA Rate, and on each MTA Determination Date thereafter for a any Class of Group I MTA Certificates, the Trust Administrator shall determine MTA for the applicable Distribution Date on the basis of the twelve-month average yields on United States Treasury securities adjusted to a constant maturity of one year, as published by the Federal Reserve Board in Statistical Release H.15(519). If on any MTA Determination Date for a Class of Group I MTA Certificates, the Trust Administrator is unable to determine MTA on the basis of the method set forth in the preceding paragraph, MTA for the applicable Distribution Date will be whichever is higher of (x) MTA as determined on the previous MTA Determination Date for such Class of Group I MTA Certificates or (y) the Reserve Interest Rate. If on any MTA Determination Date for a Class of Group I MTA Certificates, the Trust Administrator is unable to determine MTA on the basis of the method set forth in the preceding paragraph, the Trust Administrator will choose a new index for the Group I MTA certificates Certificates that is based on comparable information. When the Trust Administrator chooses a new index for the Group I MTA certificatesCertificates, it will increase or decrease the related margin by the difference between MTA for the final three years it was in effect and the average of the most recent three years for the replacement index. The related margin will be increased by that difference if the average MTA is greater than the average replacement index and the related margin will be decreased by that difference if the replacement index is greater than the average MTA. The Trust Administrator will have no liability for the selection of such alternative index (and will be entitled to rely on such advice, if any, as it may deem appropriate in such selection), except that the Trust Administrator will select a particular index as the alternative index only if it receives an opinion of counsel (furnished at the trust fund’s expense) that the selection of such index will not cause any REMIC to lose its classification as a REMIC for federal income tax purposes. The establishment of MTA by the Trust Administrator and the Trust Administrator’s subsequent calculation of the rates of interest applicable to each of the Group I MTA Certificates will, in the absence of manifest error, be final and binding. After a MTA Determination Date, the Trust Administrator shall provide the Pass-Through Rates of the Group I MTA Certificates for the related Distribution Date to Certificate Owners or Holders of Group I MTA Certificates who place a telephone call to the Trust Administrator at (000) 000-0000 and make a request therefor.