Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1. (b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder by wire transfer in immediately available funds for the account of the Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3. (c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1. (d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that: (i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and (ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 1999-8), Pooling and Servicing Agreement (Abn Amro Mortgage Corp), Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 1999-6)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", " and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder by wire transfer in immediately available funds for the account of the Certificateholder, Certificateholder or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.34.2.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Mort Ps THR CRTS Ser 2003-7), Pooling and Servicing Agreement (Abn Amro Mortgage Corp Mort Ps THR CRTS Ser 2003-7), Pooling and Servicing Agreement (Abn Amro Mortgage Corp)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for each Loan Group for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution AmountAmount for each Loan Group, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder Certificateholder, by wire transfer in immediately available funds for the account of the Certificateholder, Certificateholder or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), ) as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.34.2.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Abnn Amro Mortgage Corp Series 2002-1), Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-5), Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2000-3)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for each Loan Group for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution AmountAmount for each Loan Group, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", " and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder Certificateholder, by wire transfer in immediately available funds for the account of the Certificateholder, Certificateholder or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.34.2.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-6), Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-7), Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-1a)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee (or the Paying Agent, if any, any duly appointed paying agent) shall (i) withdraw from the Certificate Account the REMIC II Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholderdistribute, from the amount so withdrawn and withdrawn, to the extent of the REMIC II Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by REMIC II Distribution Amount to the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to other than the Class R Certificateholder R-1 Certificates), in accordance with written statements received from the Master Servicer pursuant to Section 4.02(b), by wire transfer in immediately available funds for the account of the Certificateholderof, or by any other means of payment acceptable to check mailed to, each such Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 9.01 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3.
(cb) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or and all allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate Certificates and of any Certificate Certificates issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to upon the Class R Certificate R-1 and Class R-2 Certificates upon the termination of the Trust FundREMIC I and REMIC II) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, Registrar specified in the notice delivered pursuant to Section 4.1(d4.04(c)(ii) or and Section 9.19.01(b).
(dc) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Mortgage Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Payoff Period, the Trustee believes, or the Certificate Administrator, if any, Master Servicer has notified the Trustee that it believes, believes that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date 18th day of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, Date and to the Underwriters and to each Rating Agency Agencies a notice to the effect that:
(i) : it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) and if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (PNC Mortgage Sec Corp Mort Pass Through Cert Series 1999-8), Pooling and Servicing Agreement (PNC Mortgage Securities Corp Mort Pass THR Cert Ser 1999-10), Pooling and Servicing Agreement (PNC Mortgage Securities Corp Mort Pass THR Cert Ser 1999-12)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders In accordance with Section 3.01(b) of the amounts set forth in this Section 4.1.
(b) On Standard Terms, on each Distribution Date, the Trustee (or the Paying AgentAgent on behalf of the Trustee) shall withdraw the Available Distribution from the Certificate Account, if anyand shall distribute it in the following manner and order of priority: [As determined with respect to each transaction]
(b) In accordance with Section 3.01(b) of the Standard Terms, shall on each Distribution Date, after all Subaccount allocations have been made as described in Section 3.01(a) above and 3.02
(a) (i) below, the Trustee (or the Paying Agent on behalf of the Trustee) shall withdraw from all amounts allocated to the Certificate Account various Subaccounts and deposited in the Available Distribution Amount for such Distribution Date Account, and shall allocate and, subject to section 3.01(c), distribute such amounts in the following manner and order of priority: [As determined with respect to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder by wire transfer in immediately available funds for the account of the Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3.transaction]
(c) All reductions in distributions or allocations made with respect to each Class on each Distribution Date shall be allocated pro rata among the outstanding Certificates of such Class based on the Certificate Principal Balance [(or Notional Amount, in the case of a the Class X Certificates)] of each such Certificate. [Notwithstanding Section 3.01(b), because the Certificate effected Insurer is required to distribute the Guaranteed Distribution amount directly to the holders of the Guaranteed Certificates pursuant to Section 3.07 of the Standard Terms, amounts otherwise to be distributed to the Guaranteed Certificates shall not be actually distributed by distributions the Trustee to the holders of principal such Guaranteed Certificates.] Payment shall be made either (1) by check mailed to the address of each Certificateholder as it appears in the Certificate Register on the Record Date immediately prior to such Distribution Date or allocations of Realized Losses (2) with respect to Loans made on any the Regular Certificates, by wire transfer of immediately available funds to the account of a Holder at a bank or other entity having appropriate facilities therefor, if such Holder shall have so notified the Trustee in writing by the Record Date immediately prior to such Distribution Date shall be binding upon all Holders and such Holder is the registered owner of such Certificate Regular Certificates with an initial principal amount of at least $[1,000,000] (or, with respect to Class M-1 and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereofClass M-2, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution at least $[500,000], and, with respect to the Class R Certificate X Certificates, an initial Notional Amount of $[5,000,000]). The Trustee may charge the Holder a fee for any payment made by wire transfer. Final distribution on the Certificates will be made only upon termination surrender of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor Certificates at the office or agency offices of the Trustee or Certificate Administrator, if any, specified Registrar set forth in the notice delivered pursuant to Section 4.1(d) or Section 9.1of such final distribution.]
(d1) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire Any amounts remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such any Distribution DateDate after all allocations and distributions required to be made by this Pooling and Master Servicing Agreement have been made, andand any amounts remaining in the Pooling REMIC after payment in full of all of the Pooling REMIC Regular Interests and any administrative expenses associated with the Trust, will be distributed to the Holders of the Pooling REMIC Residual Interest.
(ii2) if such funds are availableAny amounts remaining in the Distribution Account on any Distribution Date after all distributions required to be made by this Pooling and Master Servicing Agreement have been made, (A) such final distribution and any amounts remaining in the Issuing REMIC after payment in full of the Issuing REMIC Regular Interests and any administrative expenses associated with the Trust, will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at distributed to the office or agency Holders of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution DateIssuing REMIC Residual Interest.
Appears in 3 contracts
Samples: Pooling and Master Servicing Agreement (National Mortgage Securities Corp), Pooling and Master Servicing Agreement (Fremont Mortgage Securities Corp), Pooling and Master Servicing Agreement (Southpoint Residential Mortgage Securities Corp)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or Securities Administrator, to the Paying Agent, if anyextent on deposit therein and based solely upon the Remittance Report for such Distribution Date, shall (i) withdraw from the Certificate Distribution Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder by wire transfer in immediately available funds for the account of the Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder Certificateholder, and at the address of such Holder appearing in the Certificate Register; provided, that if with respect to such Certificateholder, from the Trustee has appointed a Certificate Administratoramount so withdrawn and to the extent of such Available Distribution Amount, such distributions Certificateholder’s Percentage Interest of the following amounts and in the following order and priority:
(i) On each Distribution Date, the Securities Administrator shall distribute the Interest Funds for such Distribution Date in the following order of priority, in each case to the extent of the Interest Remittance Amount remaining for such Distribution Date, to the extent remaining unpaid after distributions of Interest Funds on such Distribution Date:
(a) first, concurrently, (x) to the Class A-1 Swap Account, an amount equal to the sum of any Adjusted Net Securities Administrator Class A-1 Swap Payment owed to the Class A-1 Swap Provider and any Swap Termination Payment (not due to a Class A-1 Swap Provider Trigger Event) owed to the Class A-1 Swap Provider for such Distribution Date and (iiy) above shall be made in accordance with written statements received from to the Certificate Swap Account, an amount equal to the sum of any Net Securities Administrator pursuant Certificate Swap Payment owed to Section 4.3.the Certificate Swap Provider and any Swap Termination Payment (not due to a Certificate Swap Provider Trigger Event) owed to the Certificate Swap Provider for such Distribution Date;
(b) second, concurrently to the Holders of the Class A-1, Class A-2 and Class A-3 Certificates, the related Senior Interest Distribution Amount for such Distribution Date to the extent of the Interest Funds on a pro rata basis based on the entitlement of each such Class; and
(c) All reductions third, to the Holders of the Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 and Class M-10 Certificates sequentially, in that order, the related Interest Distribution Amount allocable to each such Class to the extent of the Interest Funds for such Distribution Date remaining after distribution of the Senior Interest Distribution Amount to the Class A Certificates and distribution of the Interest Funds to any Class of Class M Certificates with a higher payment priority.
(A) On each Distribution Date (i) prior to the Stepdown Date or (ii) on which a Trigger Event is in effect, the Securities Administrator shall distribute the Principal Funds for that Distribution Date in the following amounts and order of priority:
(a) first, concurrently, (x) to the Class A-1 Swap Account, an amount equal to the sum of any Adjusted Net Securities Administrator Class A-1 Swap Payment owed to the Class A-1 Swap Provider and any Swap Termination Payment (not due to a Class A-1 Swap Provider Trigger Event) owed to the Class A-1 Swap Provider for such Distribution Date, to the extent remaining unpaid after distributions of Interest Funds on such Distribution Date and (y) to the Certificate Swap Account, an amount equal to the sum of any Net Securities Administrator Certificate Swap Payment owed to the Certificate Swap Provider and any Swap Termination Payment (not due to a Certificate Swap Provider Trigger Event) owed to the Certificate Swap Provider for such Distribution Date, to the extent remaining unpaid after distributions of Interest Funds on such Distribution Date;
(b) second, concurrently to the Class A-1, Class A-2 and Class A-3 Certificates, pro rata based on their respective Certificate Principal Balances, until their respective Certificate Principal Balances have been reduced to zero;
(c) third, sequentially to the Holders of the Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 and Class M-10 Certificates, in that order, the Principal Funds remaining after the distributions in subsection (a) above, until the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect each such Class has been reduced to Loans made on any zero.
(B) On each Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fundi) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Stepdown Date and (ii) on which a Trigger Event is not in effect, the Securities Administrator shall distribute the Principal Funds for that Distribution Date therefor at in the office or agency following amounts and order of priority:
(a) first, concurrently, (x) to the Class A-1 Swap Account, an amount equal to the sum of any Adjusted Net Securities Administrator Class A-1 Swap Payment owed to the Class A-1 Swap Provider and any Swap Termination Payment (not due to a Class A-1 Swap Provider Trigger Event) owed to the Class A-1 Swap Provider for such Distribution Date, to the extent remaining unpaid after distributions of Interest Funds on such Distribution Date and (y) to the Certificate Swap Account, an amount equal to the sum of any Net Securities Administrator Certificate Swap Payment owed to the Certificate Swap Provider and any Swap Termination Payment (not due to a Certificate Swap Provider Trigger Event) owed to the Certificate Swap Provider for such Distribution Date, to the extent remaining unpaid after distributions of Interest Funds on such Distribution Date;
(b) second, concurrently to the Class A-1, Class A-2 and Class A-3 Certificates, in an amount up to the Senior Principal Distribution Amount, pro rata based on their respective Certificate Principal Balances, until their respective Certificate Principal Balances have been reduced to zero,
(c) third, to the Holders of the Trustee or Class M-1 Certificates, the Class M-1 Principal Distribution Amount in reduction of the Certificate AdministratorPrincipal Balance thereof, if any, specified in until the notice delivered pursuant Certificate Principal Balance of the Class M-1 Certificates has been reduced to Section 4.1(d) or Section 9.1.zero;
(d) Wheneverfourth, on to the basis Holders of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment PeriodClass M-2 Certificates, the Trustee believes, or Class M-2 Principal Distribution Amount in reduction of the Certificate AdministratorPrincipal Balance thereof, if any, has notified until the Trustee that it believes, that the entire remaining unpaid Class Certificate Principal Balance of any the Class of M-2 Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause has been reduced to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.zero;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa3 /DE), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa3 /DE)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder by wire transfer in immediately available funds for the account of the Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.34.2.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2000-4), Pooling and Servicing Agreement (Abn Amro Mortgage Corp Mul Class Mor Pass THR Ce Ser 2002-10)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or Securities Administrator, to the Paying Agent, if anyextent on deposit therein and based solely upon the Remittance Report for such Distribution Date, shall (i) withdraw from the Certificate Distribution Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amountas applicable, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder by wire transfer in immediately available funds for the account of the Certificateholder, Certificateholder or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), ) as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register, from the amount so withdrawn and to the extent of such Available Distribution Amount, such Certificateholder's Percentage Interest of the following amounts and in following order and priority:
(i) On each Distribution Date, the Securities Administrator shall distribute the Interest Remittance Amount for such Distribution Date in the following order and priority:
(A) first, to the holders of each Class of Senior Certificates, the related Senior Interest Distribution Amount for such Distribution Date and such Class on a pro rata basis based on the entitlement of each such Class;
(B) second, to the holders of the Class M-1 Certificates, the Interest Distribution Amount allocable to the Class M-1 Certificates to the extent of the Interest Remittance Amount for such Distribution Date remaining after the distributions to the Senior Certificates of the Senior Interest Distribution Amount;
(C) third, to the holders of the Class M-2 Certificates, the Interest Distribution Amount allocable to the Class M-2 Certificates to the extent of the Interest Remittance Amount after distribution of the Senior Interest Distribution Amount to the Senior Certificates and the Interest Distribution Amount to the Class M-1 Certificates;
(D) fourth, to the holders of the Class M-3 Certificates, the Interest Distribution Amount allocable to the Class M-3 Certificates to the extent of the Interest Remittance Amount after distribution of the Senior Interest Distribution Amount to the Senior Certificates and the Interest Distribution Amount to the Class M-1 Certificates and the Class M-2 Certificates;
(ii) On each Distribution Date, the Securities Administrator shall distribute the Principal Distribution Amounts in the Certificates, other than the Class A-IO Certificates and Class P Certificates, in the following order and priority:
(A) The Senior Principal Distribution Amount will be distributed as follows:
(1) first, to the Class A-6 Certificates, an amount up to the Class A-6 Lockout Distribution Amount for that Distribution Date, until the Certificate Principal Balance thereof has been reduced to zero; providedand
(2) second, any remaining Senior Principal Distribution Amount after the distributions described above, sequentially:
(a) to the Class A-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(b) to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(c) to the Class A-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(d) to the Class A-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(e) to the Class A-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and
(f) to the Class A-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero.
(B) Holders of the Class M-1 Certificates will be entitled to receive on each Distribution Date, to the extent of the portion of the Principal Distribution Amount remaining after the Senior Principal Distribution Amount has been distributed, the Class M-1 Principal Distribution Amount in reduction of the Certificate Principal Balance thereof, until the Certificate Principal Balance of the Class M-1 Certificates has been reduced to zero.
(C) Holders of the Class M-2 Certificates will be entitled to receive on each Distribution Date, to the extent of the portion of the Principal Distribution Amount remaining after the sum of the Senior Principal Distribution Amount and the Class M-1 Principal Distribution Amount has been distributed, the Class M-2 Principal Distribution Amount in reduction of the Certificate Principal Balance thereof, until the Certificate Principal Balance of the Class M-2 Certificates has been reduced to zero.
(D) Holders of the Class M-3 Certificates will be entitled to receive on each Distribution Date, to the extent of the portion of the Principal Distribution Amount remaining after the sum of the Senior Principal Distribution Amount, the Class M-1 Principal Distribution Amount and the Class M-2 Principal Distribution Amount has been distributed, the Class M-3 Principal Distribution Amount in reduction of the Certificate Principal Balance thereof, until the Certificate Principal Balance of the Class M-3 Certificates has been reduced to zero.
(iii) On each Distribution Date, the Securities Administrator shall distribute any Net Monthly Excess Cashflow for such Distribution Date in the following order of priority:
(A) to the holders of the Class A Certificates (other than the Class A-IO Certificates) and Class M Certificates an amount equal to the Extra Principal Distribution Amount for such Distribution Date in accordance with clause (iv) below;
(B) to the Holders of the Class M-1 Certificates, in an amount equal to the Interest Carry Forward Amount allocable to such Class of Certificates;
(C) to the Holders of the Class M-2 Certificates, in an amount equal to the Interest Carry Forward Amount allocable to such Class of Certificates;
(D) to the Holders of the Class M-3 Certificates, in an amount equal to the Interest Carry Forward Amount allocable to such Class of Certificates;
(E) to the Reserve Fund, an amount equal to (a) with respect to the Class A Certificates, (other than the Class A-1 Certificates and the Class A-IO Certificates) and the Class M Certificates, and the sum of the Net WAC Rate Carryover Amounts, if any, and (b) with respect to the Class A-1 Certificates, the amount by which the sum of the Net WAC Rate Carryover Amounts with respect to the Class A-1 Certificates exceeds the sum of any amounts received by the Securities Administrator with respect to the Cap Agreement since the prior Distribution Date.;
(F) to the Holders of the Class CE Certificates, the Interest Distribution Amount and any Overcollateralization Reduction Amount for such Distribution Date; and
(G) to the Holders of the Class R Certificates, in respect of the Class R-III Interest, any remaining amounts; provided that if such Distribution Date is the Trustee Distribution Date immediately following the expiration of the latest Prepayment Charge term as identified on the Loan Schedule or any Distribution Date thereafter, then any such remaining amounts will be distributed first, to the Holders of the Class P Certificates, until the Certificate Principal Balance thereof has appointed a Certificate been reduced to zero; and second, to the Holders of the Class R Certificates. On each Distribution Date, the Securities Administrator, such after making the required distributions of interest and principal to the Certificates as described in (iSection 4.1(a)(i) and (ii) above and after the distribution of the Net Monthly Excess Cashflow as described in Section 4.1(a)(iii), the Securities Administrator will withdraw from the Reserve Fund the amounts on deposit therein and distribute such amounts to the Class A Certificates (other than the Class A-IO Certificates) and the Class M Certificates in respect of any Net WAC Rate Carryover Amounts due to each such Class in the following manner and order of priority: first, concurrently to the Class A Certificates, other than the Class A-IO Certificates, on a pro rata basis, the related Net WAC Rate Carryover Amount for such Distribution Date for each such Class; second, to the Class M-1 Certificates, the related Net WAC Rate Carryover Amount for such Distribution Date for such Class; third, to the Class M-2 Certificates, the related Net WAC Rate Carryover Amount for such Distribution Date for such Class; and fourth, to the Class M-3 Certificates, the related Net WAC Rate Carryover Amount for such Distribution Date for such Class.
(A) On each Distribution Date (a) prior to the Stepdown Date or (b) on which a Trigger Event is in effect, the Extra Principal Distribution Amount shall be made distributed in accordance with written statements received from the following order of priority:
(1) first, to the Holders of the Class A-6 Certificates, up to the Class A-6 Lockout Distribution Amount and then sequentially to the Holders of the Class A-1, Class A-2, Class A-3, Class A-4 and Class A-5 Certificates, in that order, until the Certificate Administrator Principal Balance of each such Class has been reduced to zero;
(2) second, to the Holders of the Class M-1 Certificates, until the Certificate Principal Balance of such Class has been reduced to zero;
(3) third, to the Holders of the Class M-2 Certificates, until the Certificate Principal Balance of such Class has been reduced to zero; and
(4) fourth, to the Holders of the Class M-3 Certificates, until the Certificate Principal Balance of such Class has been reduced to zero.
(B) On each Distribution Date (a) on or after the Stepdown Date and (b) on which a Trigger Event is not in effect, distributions of principal to the extent of the Extra Principal Distribution Amount shall be distributed in the following order of priority:
(1) the lesser of (x) the Extra Principal Distribution Amount and (y) the Class A-6 Lockout Distribution Amount, until the Certificate Principal Balance of such Class has been reduced to zero;
(2) the lesser of (x) the Extra Principal Distribution Amount and (y) the Senior Principal Distribution Amount, shall be distributed to the Holders of the Class A-1, Class A-2, Class A-3, Class A-4, Class A-5 and Class A-6 Certificates, in that order, until the Certificates Principal Balance of each such Class has been reduced to zero;
(3) the lesser of (x) the excess of (i) the Extra Principal Distribution Amount over (ii) the amount distributed to the Holders of the Class A Certificates pursuant to Section 4.3clauses (1) and (2) above and (y) the Class M-1 Principal Distribution Amount, shall be distributed to the Holders of the Class M-1 Certificates, until the Certificate Principal Balance of such Class has been reduced to zero;
(4) the lesser of (x) the excess of (i) the Extra Principal Distribution Amount over (ii) the sum of the amounts distributed to the Holders of the Class A Certificates pursuant to clauses (1) and (2) above and to the Holders of the Class M-1 Certificates pursuant to clause (3) above and (y) the Class M-2 Principal Distribution Amount, shall be distributed to the Holders of the Class M-2 Certificates, until the Certificate Principal Balance of such Class has been reduced to zero; and
(5) the lesser of (x) the excess of (i) the Extra Principal Distribution Amount over (ii) the sum of the amounts distributed to the Holders of the Class A Certificates pursuant to clauses (1) and (2) above, to the Holders of the Class M-1 Certificates pursuant to clause (3) above and to the Holders of the Class M-2 Certificates pursuant to clause (4) above and (y) the Class M-3 Principal Distribution Amount, shall be distributed to the Holders of the Class M-3 Certificates, until the Certificate Principal Balance of such Class has been reduced to zero.
(b) On each Distribution Date, the Securities Administrator shall withdraw any amounts then on deposit in the Distribution Account that represent Prepayment Charges and shall distribute such amounts to the Class P Certificateholders as described above.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, Securities Administrator specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, Securities Administrator believes that the entire remaining unpaid Class Principal Balance of any Class of Certificates will shall become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, Securities Administrator shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters Underwriter and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will shall be available in the Certificate Distribution Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will shall be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar Securities Administrator maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Deutsche Mort Sec Inc Mortgage Loan Trust Series 2004 2), Pooling and Servicing Agreement (Deutsche Mort Sec Inc Mortgage Loan Trust Series 2004 2)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for each Loan Group for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution AmountAmount for each Loan Group, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder by wire transfer in immediately available funds for the account of the Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 1999-4), Pooling and Servicing Agreement (Abn Amro Mortgage Corp)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, Distributions will be made by the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder by wire transfer in immediately available funds for the account of the Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date by:
(other than as provided in Section 9.1 respecting the final distribution)i) check mailed, as specified by each such Certificateholder and at via first class mail, postage prepaid, to the address of such Holder appearing in as it appears on the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and or
(ii) above Fedwire transfer of immediately available funds, if such Certificateholder holds at least a $1,000,000 Denomination, Class S Certificates representing at least a 30% Percentage Interest or Class R Certificates representing at least 25% of the Residual Interests, if notice from such Certificateholder has been received by the Trustee at least five Business Days prior to any Distribution Date (any such notice being applicable to all subsequent Distribution Dates unless and until rescinded in writing) designating a deposit account for receipt of distributions at a bank 73 79 which has Fedwire transfer capabilities, and providing such other information as the Trustee may reasonably require to effect an electronic credit entry to such account. To the extent required by applicable law, the Trustee shall be made in accordance with written statements received from the Certificate Administrator pursuant deduct and withhold taxes due on amounts distributed to Section 4.3Certificateholders.
(cb) All reductions in Whenever the Certificate Principal Balance of Trustee, based on a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereofMaster Servicer Certificate, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and expects that the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any a Class of Senior Certificates will become distributable be made on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date as soon as practicable, mail to each Holder of such Class of Senior Certificates as of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the applicable Record Date, to the Underwriters and to each Rating Agency Date a notice to the effect that:
(i) it is expected the Trustee expects that funds sufficient to make such the final distribution with respect to such Class of Senior Certificates will be available in the Certificate Account made on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate Class of Senior Certificates after such Distribution Date provided that the final distribution occurs on such Distribution Date.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Mego Mortgage Corp), Pooling and Servicing Agreement (Mego Financial Corp)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Owner Trustee or the Paying Agentwill, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and information contained in the order of priority as set forth in the definition of "Servicer's Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder by wire transfer in immediately available funds for the account of the Certificateholder, or by any other means of payment acceptable to each Certificateholder of record delivered on the immediately preceding Record related Determination Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.34.9 of the Sale and Servicing Agreement, distribute to Certificateholders, on a pro rata basis based on Percentage Interest, an amount equal to the Certificateholders' Distributable Amount.
(ca) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of On each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Owner Trustee or shall send to each Certificateholder the Certificate Administrator, if any, shall, no later than statement provided to the Determination Date Owner Trustee by the Servicer pursuant to Section 5.8 of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters Sale and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account Servicing Agreement on such Distribution Date, and.
(iib) if In the event that any withholding tax is imposed on the Trust's payment (or allocations of income) to a Certificateholder, such tax shall reduce the amount otherwise distributable to the Certificateholder in accordance with this Section. The Owner Trustee is hereby authorized and directed to retain from amounts otherwise distributable to the Certificateholders sufficient funds are availablefor the payment of any tax that is legally owed by the Trust (but such authorization shall not prevent the Owner Trustee from contesting any such tax in appropriate proceedings, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender withholding payment of such Certificate tax, if permitted by law, pending the outcome of such proceedings). The amount of any withholding tax imposed with respect to a Certificateholder shall be treated as cash distributed to such Certificateholder at the office or agency time it is withheld by the Trust and remitted to the appropriate taxing authority. If there is a possibility that withholding tax is payable with respect to a distribution (such as a distribution to a non-US Certificateholder), the Owner Trustee may in it sole discretion withhold such amounts in accordance with this clause (c). In the event that an Owner wishes to apply for a refund of any such withholding tax, the Owner Trustee shall reasonably cooperate with such Certificateholder in making such claim so long as such Certificateholder agrees to reimburse the Owner Trustee for any out-of-pocket expenses incurred. The Servicer shall facilitate compliance with this Section 5.2(c) by performance of its duties under Section 10.1(b) of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), Sale and (B) no interest shall accrue on such Certificate after such Distribution DateServicing Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Ace Securities Corp), Trust Agreement (Barnett Auto Receivables Corp)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder Certificateholders by wire transfer in immediately available funds for the account of the Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator Servicer pursuant to Section 4.34.2.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, Servicer has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Abn Amro Mort Corp Multi Class Mort Pass THR Cert Ser 2003-3), Pooling and Servicing Agreement (Abn Amro Mort Corp Multi Class Mort Pass THR Cert Ser 2003-4)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder Certificateholders by wire transfer in immediately available funds for the account of the Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator Servicer pursuant to Section 4.34.2.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate Certificates upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, Servicer has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-1), Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-4)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or Securities Administrator, to the Paying Agent, if anyextent on deposit therein and based solely upon the Remittance Report for such Distribution Date, shall (i) withdraw from the Certificate Distribution Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn Certificateholder and to the extent of the Available Distribution AmountCertificate Insurer, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount"applicable, and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder by wire transfer in immediately available funds for the account of the CertificateholderCertificateholder and the Certificate Insurer, as applicable, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution)) or the Certificate Insurer, as applicable, as specified by each such Certificateholder or the Certificate Insurer, as applicable, and at the address of such Holder appearing in the Certificate Register; provided, that if with respect to such Certificateholder, and to the Trustee has appointed a Policy Payments Account, with respect to the Certificate AdministratorInsurer, from the amount so withdrawn and to the extent of such Available Distribution Amount, such distributions Certificateholder’s Percentage Interest of the following amounts and in the following order and priority:
(i) and On each Distribution Date, the Securities Administrator shall distribute the Interest Remittance Amount for such Distribution Date in the following order of priority:
(iia) above shall be made in accordance with written statements received from first, to the Certificate Administrator pursuant Insurer, the premium due in connection with the Policy;
(b) second, to Section 4.3.the holders of Senior Certificates, the related Senior Interest Distribution Amount for such Distribution Date to the extent of the Interest Remittance Amount remaining after the payment of the Certificate Insurer Premium to the Certificate Insurer, on a pro rata basis based on the entitlement of each such Class;
(c) All reductions third, to the Certificate Insurer, any unpaid Reimbursement Amount; and
(d) fourth, to the holders of the Class M-0, Xxxxx X-0, Class M-3, Class M-4 and Class M-5 Certificates, in that order, the related Interest Distribution Amount allocable to each such Class to the extent of the Interest Remittance Amount for such Distribution Date remaining after the payment of the Certificate Insurer Premium and Reimbursement Amounts to the Certificate Insurer, distribution of the Senior Interest Distribution Amount to the Class A Certificates and distribution of the Interest Distribution Amount to any Class of Class M Certificates with a higher payment priority.
(ii) (A) On each Distribution Date (i) prior to the Stepdown Date or (ii) on which a Trigger Event is in effect, the Securities Administrator shall distribute the Principal Distribution Amount for that Distribution Date in the following amounts and order of priority:
(a) First, concurrently to the Class A-1 Certificates and Class A-2 Certificates, the Principal Distribution Amount, on a pro rata basis, based on the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of each such Certificate Class, and of any Certificate issued upon among the registration of transfer or exchange therefor or Class A-1 Certificates and Class A-2 Certificates in lieu thereofthe manner and priority set forth below;
(b) Second, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect concurrently to the Class R Certificate upon termination of A-3 Certificates and Class A-4 Certificates, the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or Principal Distribution Amount remaining after the Distribution Date therefor at distribution in clause First, on a pro rata basis, based on the office or agency Certificate Principal Balance of each such Class, until the Trustee or Certificate AdministratorPrincipal Balance of each such Class has been reduced to zero;
(c) Third, if anyto the Certificate Insurer, specified in the notice delivered any Certificate Insurer Premium and Reimbursement Amounts not repaid from interest collections pursuant to Section 4.1(d4.1(a)(i) or Section 9.1.above; and
(d) WheneverFourth, on sequentially to the basis of CurtailmentsClass M-0, Payoffs Xxxxx X-0, Class M-3, Class M-4 and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment PeriodClass M-5 Certificates, in that order, the Trustee believesPrincipal Distribution Amount remaining after the distributions in clauses First, or Second, and Third above, until the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any each such Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause has been reduced to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Datezero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-Ab1)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders and MBIA of the amounts set forth in this Section 4.1.. Further, the Trustee shall establish and maintain the Reserve Fund which shall be an Eligible Account into which there shall have been deposited the amount of $5,000 on the Closing Date. No additional funds will be deposited in the Reserve Fund after the Closing Date. All funds deposited in the Reserve Fund including interest thereon shall be held in trust for the benefit of the Holders of the Class A-3 and Class A- 5 Certificates, until withdrawn in accordance with this Section 4.1. The Reserve Fund shall be an "outside reserve fund" under the REMIC Provisions that is beneficially owned for all federal income tax purposes by Bear, Stearns & Co. Inc.
(b) On each Distribution Date, the Trustee or the xx xxx Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each CertificateholderCertificateholder and MBIA, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) or MBIA's share (based upon the amount due to MBIA), as the case may be, of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder and (iii) distribute the amount withdrawn from the Reserve Fund with respect to such Distribution Date pursuant to Section 4.1(f), to the extent of funds on deposit in the Reserve Fund and shall apply such funds to distributions on the Class A-3 and Class A-5 Certificates as interest thereon, up to the amount of the Prepayment Interest Shortfalls and Relief Act Interest Shortfalls allocated to the Class A-3 and Class A-5 Certificates pursuant to the definitions of "Interest Distribution Amount" and "Uncompensated Interest Shortfall", with respect to such Distribution Date, by wire transfer in immediately available funds for the account of the CertificateholderCertificateholder or MBIA, as applicable, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), or MBIA, as applicable, as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate RegisterRegister or MBIA, as applicable; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i), (ii) and (iiiii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.34.2.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-2)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder by wire transfer in immediately available funds for the account of the Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:: 66
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders and MBIA of the amounts set forth in this Section 4.1.. Further, the Trustee shall establish and maintain the Reserve Fund which shall be an Eligible Account into which there shall have been deposited the amount of $5,000 on the Closing Date. No additional funds will be deposited in the Reserve Fund after the Closing Date. All funds deposited in the Reserve Fund including interest thereon shall be held in trust for the benefit of the Holders of the Class A-3 and Class A- 5 Certificates, until withdrawn in accordance with this Section 4.1. The Reserve Fund shall be an "outside reserve fund" under the REMIC Provisions that is beneficially owned for all federal income tax purposes by Bear, Xxxxxxx & Co. Inc.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each CertificateholderCertificateholder and MBIA, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) or MBIA's share (based upon the amount due to MBIA), as the case may be, of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder by wire transfer in immediately available funds for the account of the Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (iiiii) above shall be made in accordance with written statements received distribute the amount withdrawn from the Certificate Administrator Reserve Fund with respect to such Distribution Date pursuant to Section 4.3.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date4.1(f), to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that extent of funds sufficient to make such final distribution will be available on deposit in the Certificate Account on such Distribution Date, and
(ii) if Reserve Fund and shall apply such funds are available, (A) such final distribution will be payable to distributions on such Distribution Date, but only upon presentation the Class A-3 and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.Class A-5
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-2)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the related Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder by wire transfer in immediately available funds for the account of the Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.34.2.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Multi Cl Mort Ps THR Certs Ser 2003-6)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for each Loan Group for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution AmountAmount for each Loan Group, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder Certificateholders by wire transfer in immediately available funds for the account of the each Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, provided that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Mortgage Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Mortgage Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or Securities Administrator, to the Paying Agent, if anyextent on deposit therein and based solely upon the Remittance Report for such Distribution Date, shall (i) withdraw from the Certificate Distribution Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn Certificateholder and to the extent of the Available Distribution AmountCertificate Insurer, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount"applicable, and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder by wire transfer in immediately available funds for the account of the CertificateholderCertificateholder and the Certificate Insurer, as applicable, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution)) or the Certificate Insurer, as applicable, as specified by each such Certificateholder or the Certificate Insurer, as applicable, and at the address of such Holder appearing in the Certificate Register; provided, that if with respect to such Certificateholder, and to the Trustee has appointed a Policy Payments Account, with respect to the Certificate AdministratorInsurer, from the amount so withdrawn and to the extent of such Available Distribution Amount, such distributions Certificateholder’s Percentage Interest of the following amounts and in the following order and priority:
(i) and On each Distribution Date, the Securities Administrator shall distribute the Interest Remittance Amount for such Distribution Date in the following order of priority:
(iia) above shall be made in accordance with written statements received from first, to the Certificate Administrator pursuant Insurer, the Certificate Insurer Premium due in connection with the Policy;
(b) second, to Section 4.3.the holders of Senior Certificates, the related Senior Interest Distribution Amount for such Distribution Date to the extent of the Interest Remittance Amount remaining after the payment of the Certificate Insurer Premium to the Certificate Insurer, on a pro rata basis based on the entitlement of each such Class;
(c) All reductions third, to the Certificate Insurer, any unpaid Reimbursement Amount; and
(d) fourth, to the holders of the Class X-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8 and Class M-9 Certificates, in that order, the related Interest Distribution Amount allocable to each such Class to the extent of the Interest Remittance Amount for such Distribution Date remaining after the payment of the Certificate Insurer Premium and Reimbursement Amounts to the Certificate Insurer, distribution of the Senior Interest Distribution Amount to the Senior Certificates and distribution of the Interest Distribution Amount to any Class of Mezzanine Certificates with a higher payment priority.
(A) On each Distribution Date (i) prior to the Stepdown Date or (ii) on which a Trigger Event is in effect, the Securities Administrator shall distribute the Principal Distribution Amount for that Distribution Date in the following amounts and order of priority:
(a) First, to the Senior Certificates, the Principal Distribution Amount, in the manner and priority set forth below;
(1) first, concurrently, to the Class A-5A and Class A-5B Certificates, pro rata, up to the Class A-5 Priority Amount, until their respective Certificate Principal Balances are reduced to zero;
(2) second, concurrently, as follows:
(I) 30.0000000000%, sequentially, as follows:
A. first, to the Class A-1 Certificates, until its Certificate Principal Balance is reduced to zero; and
B. second, to the Class A-2 Certificates, until its Certificate Principal Balance is reduced to zero;
(II) 69.0000882097%, sequentially, as follows:
A. first, to the Class A-7 Certificates, until its Certificate Principal Balance is reduced to zero; and
B. second, to the Class A-8 Certificates, until its Certificate Principal Balance is reduced to zero;
(3) third, to the Class A-3 Certificates, until its Certificate Principal Balance is reduced to zero;
(4) fourth, to the Class A-4 Certificates, until its Certificate Principal Balance is reduced to zero;
(5) fifth, concurrently to the Class A-5A and Class A-5B Certificates, pro rata based on Certificate Principal Balance, without regard to the Class A-5 Priority Amount, until their respective Certificate Principal Balances are reduced to zero; and
(6) sixth, to the Class A-6 Certificates, until its Certificate Principal Balance is reduced to zero;
(b) Second, to the Certificate Insurer, any Certificate Insurer Premium and Reimbursement Amounts not repaid from interest collections pursuant to Section 4.1(a)(i) above; and
(c) Third, sequentially to the Class X-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8 and Class M-9 Certificates, in that order, the Principal Distribution Amount remaining after the distributions in clauses First and Second above, until the Certificate Principal Balance of each such Class has been reduced to zero.
(B) On each Distribution Date (i) on or after the Stepdown Date and (ii) on which a Trigger Event is not in effect, the Securities Administrator shall distribute Principal Distribution Amount for that Distribution Date in the following amounts and order of priority:
(a) First, concurrently to the Senior Certificates, the Senior Principal Distribution Amount, in the manner and priority set forth below;
(1) first, concurrently to the Class A-5A and Class A-5B Certificates, pro rata based on Certificate effected by Principal Balance, up to the Class A-5 Priority Amount, until their respective Certificate Principal Balances are reduced to zero;
(2) second, concurrently, as follows:
(I) 30.0000000000%, sequentially, as follows:
A. first, to the Class A-1 Certificates, until its Certificate Principal Balance is reduced to zero; and
B. second, to the Class A-2 Certificates, until its Certificate Principal Balance is reduced to zero;
(II) 69.0000882097%, sequentially, as follows:
A. first, to the Class A-7 Certificates, until its Certificate Principal Balance is reduced to zero; and
B. second, to the Class A-8 Certificates, until its Certificate Principal Balance is reduced to zero;
(3) third, to the Class A-3 Certificates, until its Certificate Principal Balance is reduced to zero;
(4) fourth, to the Class A-4 Certificates, until its Certificate Principal Balance is reduced to zero; and
(5) fifth, concurrently to the Class A-5A and Class A-5B Certificates, pro rata based on Certificate Principal Balance, without regard to the Class A-5 Priority Amount, until their respective Certificate Principal Balances are reduced to zero;
(b) Second, to the Class A-6 Certificates, the Class A-6 Principal Distribution Amount, until its Certificate Principal Balance is reduced to zero;
(c) Third, to the Certificate Insurer, any Certificate Insurer Premium and Reimbursement Amounts not repaid from interest collections pursuant to Section 4.1(a)(i) above;
(d) Fourth, to the holders of the Class M-1 Certificates, the Class M-1 Principal Distribution Amount in reduction of the Certificate Principal Balance thereof, until the Certificate Principal Balance of the Class M-1 Certificates has been reduced to zero;
(e) Fifth, to the holders of the Class M-2 Certificates, the Class M-2 Principal Distribution Amount in reduction of the Certificate Principal Balance thereof, until the Certificate Principal Balance of the Class M-2 Certificates has been reduced to zero;
(f) Sixth, to the holders of the Class M-3 Certificates, the Class M-3 Principal Distribution Amount in reduction of the Certificate Principal Balance thereof, until the Certificate Principal Balance of the Class M-3 Certificates has been reduced to zero;
(g) Seventh, to the holders of the Class M-4 Certificates, the Class M-4 Principal Distribution Amount in reduction of the Certificate Principal Balance thereof, until the Certificate Principal Balance of the Class M-4 Certificates has been reduced to zero;
(h) Eighth, to the holders of the Class M-5 Certificates, the Class M-5 Principal Distribution Amount in reduction of the Certificate Principal Balance thereof, until the Certificate Principal Balance of the Class M-5 Certificates has been reduced to zero;
(i) Ninth, to the holders of the Class M-6 Certificates, the Class M-6 Principal Distribution Amount in reduction of the Certificate Principal Balance thereof, until the Certificate Principal Balance of the Class M-6 Certificates has been reduced to zero;
(j) Tenth, to the holders of the Class M-7 Certificates, the Class M-7 Principal Distribution Amount in reduction of the Certificate Principal Balance thereof, until the Certificate Principal Balance of the Class M-7 Certificates has been reduced to zero.
(k) Eleventh, to the holders of the Class M-8 Certificates, the Class M-8 Principal Distribution Amount in reduction of the Certificate Principal Balance thereof, until the Certificate Principal Balance of the Class M-8 Certificates has been reduced to zero; and
(l) Twelfth, to the holders of the Class M-9 Certificates, the Class M-9 Principal Distribution Amount in reduction of the Certificate Principal Balance thereof, until the Certificate Principal Balance of the Class M-9 Certificates has been reduced to zero. Notwithstanding the priority of distributions of principal or allocations of Realized Losses with respect to Loans made described in this section, on any Distribution Date which occurs after the Certificate Principal Balances of the Class A-6 Certificates and the Mezzanine Certificates have been reduced to zero, the Securities Administrator shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or make distributions in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution respect of principal of each Certificate (and the final distribution with respect to the Senior Certificates (other than the Class R Certificate upon termination A-6 Certificates) concurrently to each Class of Senior Certificates (other that the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) WheneverClass A-6 Certificates), on the basis of Curtailmentsa pro rata basis, Payoffs and Monthly Payments based on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Dateeach such Class, the Trustee or until the Certificate Administrator, if any, shall, no later than the Determination Date Principal Balance of the month of each such Distribution Date, mail or cause Class has been reduced to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Datezero.
Appears in 1 contract
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or Securities Administrator, to the Paying Agent, if anyextent on deposit therein and based solely upon the Remittance Report for such Distribution Date, shall (i) withdraw from the Certificate Distribution Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn Certificateholder and to the extent of the Available Distribution AmountInsurer, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount"applicable, and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder by wire transfer in immediately available funds for the account of the CertificateholderCertificateholder and the Insurer, as applicable, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 9.01 respecting the final distribution)) or the Insurer, as applicable, as specified by each such Certificateholder or the Insurer, as applicable, and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate Certificateholder, and of any Certificate issued upon to the registration of transfer or exchange therefor or in lieu thereofPolicy Payments Account, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination Insurer, from the amount so withdrawn and to the extent of such Available Distribution Amount, such Certificateholder’s Percentage Interest of the Trust Fund) shall be payable following amounts and in the manner provided above only upon presentation following order and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect thatpriority:
(i) it is expected that funds sufficient to make On each Distribution Date, the Securities Administrator shall distribute the Interest Remittance Amount for such final distribution will be available Distribution Date in the Certificate Account on following order of priority, in each case to the extent of the Interest Remittance Amount remaining for such Distribution Date:
(A) first, to the Swap Account in the Supplemental Interest Trust, an amount equal to the sum of any Net Swap Payment owed to the Swap Provider and any Swap Termination Payment owed to the Swap Provider not due to a Swap Provider Trigger Event for such Distribution Date;
(B) second, to the Insurer, the Insurer Premium due in connection with the Policy;
(C) third, concurrently, to the holders of the Senior Certificates, the related Senior Interest Distribution Amount for such Distribution Date to the extent of the Interest Remittance Amount remaining after the payment of the Insurer Premium to the Insurer, on a pro rata basis on the entitlement of each such Class;
(D) fourth, to the Insurer, any unpaid Reimbursement Amount; and
(iiE) if fifth, to the holders of the Class X-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9, Class M-10, Class M-11, Class M-12, Class M-13, Class M-14 and Class M -15 Certificates, in that order, the related Interest Distribution Amount allocable to each such funds are availableClass to the extent of the Interest Remittance Amount for such Distribution Date remaining after the payment of the Insurer Premium and Reimbursement Amounts to the Insurer, distribution of the Senior Interest Distribution Amount to the Senior Certificates and distribution of the Interest Distribution Amount to any Class of Mezzanine Certificates with a higher payment priority.
(A) such final distribution will be payable On each Distribution Date (i) prior to the Stepdown Date or (ii) on which a Trigger Event is in effect, the Securities Administrator shall distribute the Principal Distribution Amount for that Distribution Date in the following amounts and order of priority:
(1) first, to the Swap Account in the Supplemental Interest Trust, an amount equal to the sum of any Net Swap Payment owed to the Swap Provider and any Swap Termination Payment owed to the Swap Provider not due to a Swap Provider Trigger Event to the extent not paid from the Interest Remittance Amount for such Distribution Date;
(2) second, but only upon presentation concurrently, to the Senior Certificates, in the following amounts and surrender order of such priority:
i. first, concurrently, to the Class A-6A-1, Class A-6A-2 and Class A-7 Certificates, pro rata, based on their respective Certificate at Principal Balances, up to the office or agency of Class A-6/A-7 Priority Amount, until their respective Certificate Principal Balances are reduced to zero;
ii. second, concurrently, to the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice)Class A-1A, Class A-1B-1, Class A-1B-2 and (B) no interest shall accrue on such Certificate after such Distribution Date.Class A-1C Certificates, as follows:
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-Ab4)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.. 62
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder Certificateholder, by wire transfer in immediately available funds for the account of the Certificateholder, Certificateholder or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), ) as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; providedPROVIDED, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.34.2.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2002-3)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for each Loan Group for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution AmountAmount for each Loan Group, such Certificateholder's 112 share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder Certificateholder, by wire transfer in immediately available funds for the account of the Certificateholder, Certificateholder or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), ) as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.34.2.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-8)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders and MBIA of the amounts set forth in this Section 4.1.. Further, the Trustee shall establish and maintain the Reserve Fund which shall be an Eligible Account into which there shall have been deposited the amount of $15,000.00 on the Closing Date. No additional funds will be deposited in the Reserve Fund after the Closing Date. All funds deposited in the Reserve Fund including interest thereon shall be held in trust for the benefit of the Holders of the Class A-7 and Class X- 00 Certificates, until withdrawn in accordance -77- with this Section 4.1. The Reserve Fund shall be an "outside reserve fund" under the REMIC Provisions that is beneficially owned for all federal income tax purposes by Bear, Xxxxxxx & Co. Inc.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each CertificateholderCertificateholder and MBIA, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) or MBIA's share (based upon the amount due to MBIA), as the case may be, of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder and (iii) distribute the amount withdrawn from the Reserve Fund with respect to such Distribution Date pursuant to Section 4.1(f), to the extent of funds on deposit in the Reserve Fund and shall apply such funds to distributions on the Class A-7 and Class A-18 Certificates as interest thereon, up to the amount of the Prepayment Interest Shortfalls and Relief Act Interest Shortfalls allocated to the Class A-7 and Class A-18 Certificates pursuant to the definitions of "Interest Distribution Amount" and "Uncompensated Interest Shortfall", with respect to such Distribution Date, by wire transfer in immediately available funds for the account of the CertificateholderCertificateholder or MBIA, as applicable, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), or MBIA, as applicable, as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate RegisterRegister or MBIA, as applicable; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i), (ii) and (iiiii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.34.2.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-3)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee (or the Paying Agent, if any, any duly appointed paying agent) shall (i) withdraw from the Certificate Account (i) the Certificate Insurer Premium and pay such amount to the Certificate Insurer, (ii) the REMIC II Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholderdistribute, from the amount so withdrawn and withdrawn, to the extent of the REMIC II Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by REMIC II Distribution Amount to the Certificates (other than the Class R-1 Certificates) and to the Certificate Insurer in respect of the applicable Class held by such Certificateholder) Certificate Insurer's subrogation to certain rights to payment due to the Holders of the amounts and in the order of priority Insured Certificates as set forth in Section 3.21 and (iii) the definition of "Certificate Distribution Deficiency Amount", if any, and (ii) distribute Excess Liquidation Proceeds such amount to the Class R Certificateholder Holders of the Insured Certificates, all in accordance with written statements received from the Master Servicer pursuant to Section 4.02(b), by (except with respect to the Certificate Insurer) wire transfer in immediately available funds for the account of the Certificateholderof, or by any other means of payment acceptable to check mailed to, each such Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 9.01 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) Register and (ii) above shall be made in accordance with written statements received from respect to payments to the Certificate Administrator pursuant Insurer, by means of payment acceptable to Section 4.3the Certificate Insurer.
(cb) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or and all allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate Certificates and of any Certificate Certificates issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to upon the Class R Certificate R-1 and Class R-2 Certificates upon the termination of the Trust FundREMIC I and REMIC II) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, Registrar specified in the notice delivered pursuant to Section 4.1(d4.04(c)(ii) or and Section 9.19.01(b).
(dc) Whenever, on the basis of Curtailments, Payoffs Payoffs, proceeds of the Certificate Insurance Policy and Monthly Payments on the Mortgage Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Payoff Period, the Trustee believes, or the Certificate Administrator, if any, Master Servicer has notified the Trustee that it believes, believes that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date 18th day of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, Date and to the Underwriters and Rating Agencies (with a copy to each Rating Agency the Certificate Insurer) a notice to the effect that:
(i) : it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) and if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp Mort Pass THR Cert Ser 1999-11)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder by wire transfer in immediately available funds for the account of the Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
(e) Prior to the Credit Support Depletion Date, distributions in reduction of the outstanding Certificate Principal Balance of the Class A-9 Certificates will be made in integral multiples of $1,000 at the request of the appropriate representatives of Deceased Holders of Certificates and at the request of Living Holders of Certificates or by mandatory distributions, pursuant to Section 4.1(e)(i) and Section 4.1(e)(iv). On and after the Credit Support Depletion Date, distributions in reduction of the outstanding Certificate Principal Balances of the Class A-9 Certificates will be made on a pro rata basis pursuant to Section 4.1(e)(v).
(i) On each Distribution Date prior to the Credit Support Depletion Date on which principal distributions to the Class A-9 Certificates are made pursuant to Section 4.1, such distributions shall be made to the Class A-9 Certificateholders by the Depository pursuant to the Depository Agreement in the following priority:
(1) first, to requesting Deceased Holders, in the order in which such requests are received by the Depository, but not exceeding an aggregate amount of $25,000 for each requesting Deceased Holder; and
(2) second, to requesting Living Holders, in the order in which such requests are received by the Depository, but not exceeding an aggregate amount of $10,000 for each requesting Living Holder. Thereafter, the Depository shall make distributions with respect to the Class A-9 Certificates as provided in clauses (1) and (2) above up to a second $25,000 and $10,000, respectively. This sequence of priorities shall be repeated until the Depository has honored all requests for principal distributions by Deceased Holders
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 1999-3)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"other than Class R- 1 Certificateholders), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(ba) On each Distribution Date, the Trustee (or the Paying Agent, if any, any duly appointed paying agent) shall (i) withdraw from the Certificate Account Account, the REMIC II Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholderdistribute, from the amount so withdrawn and withdrawn, to the extent of the REMIC II Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by REMIC II Distribution Amount to the Certificates (other than the Class R-1 Certificates), (provided that any portion of such amount distributable to the applicable Class held by such Certificateholder) of I-A-23 Certificates shall be used first to pay any amount payable to the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount"Class I-A-23 Rounding Account pursuant to Section 3.21), and (ii) withdraw from the Certificate Account the Rounding Amount for distribution on such date pursuant to Section 3.21 and distribute Excess Liquidation Proceeds the amounts so withdrawn to the Class R Certificateholder I-A-23 Certificates in accordance with such Section 3.21 and (iii) withdraw from the Certificate Account the Class I-A-18 Interest Supplement Amount for distribution on such date pursuant to Section 3.22 and distribute the amounts so withdrawn to the Class I-A-18 Certificates, all in accordance with written statements received from the Master Servicer pursuant to Section 4.02(b), by wire transfer in immediately available funds for the account of the Certificateholderof, or by any other means of payment acceptable to check mailed to, each such Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 9.01 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3.
(cb) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or and all allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate Certificates and of any Certificate Certificates issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to upon the Class R Certificate R-1 Certificates upon the termination of the Trust FundREMIC I) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, Registrar specified in the notice delivered pursuant to Section 4.1(d4.04(c)(ii) or and Section 9.19.01(b).
(dc) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Mortgage Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Payoff Period, the Trustee believes, or the Certificate Administrator, if any, Master Servicer has notified the Trustee that it believes, believes that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date 18th day of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, Date and to the Underwriters and to each Rating Agency Agencies a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
and (ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder Certificateholder, by wire transfer in immediately available funds for the account of the Certificateholder, Certificateholder or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), ) as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3.4.2. 62
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2002-2)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for each Loan Group for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution AmountAmount for each Loan Group, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", " and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder Certificateholder, by wire transfer in immediately available funds for the account of the Certificateholder, Certificateholder or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; providedPROVIDED, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.34.2.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2002-1a)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder Certificateholder, by wire transfer in immediately available funds for the account of the Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; providedPROVIDED, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator Servicer pursuant to Section 4.34.2.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, Servicer has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Multi-Class Mortgage Pass-Through Cert Series 2003-12)
Distributions to Certificateholders. (a) The On each Payment Date, Trustee shall establish and maintain distribute, or shall furnish to the Paying Agent for distribution, from the Class A Certificate Account (in accordance with the Monthly Statement) the following amounts:
(i) to Bond Insurer, an amount equal to the Bond Insurer Premium with respect to the Collection Period immediately preceding such Payment Date;
(ii) to each Holder of a separate account as set forth in Article I Class A Certificate of record on the related Record Date, the difference between (A) the "sum of such Certificateholder's pro rata share (based on the ratio of (1) the sum of -------- the products of one-twelfth (1/12) of the Certificate Account"Rate for each Class A Certificate held by such Certificateholder, times the Certificate Balance of such Class A Certificate on such Payment Date (determined without giving effect to payments of principal on such Payment Date under this Section ------- 5.01), to (2) the purpose Class A Certificate Interest Distributable Amount) of which is to accept deposits from the Servicer ---- amounts deposited into the Class A Certificate Account in respect of the Class A Certificate Interest Distributable Amount and to make distributions the Class A Certificate Interest Shortfall Carryover, minus (B) such ----- Certificateholder's pro rata share of the Bond Insurer Premium with respect -------- to the Certificateholders Collection Period immediately preceding such Payment Date; and
(iii) to each Holder of a Class A Certificate of record on the related Record Date, the sum of such Certificateholder's pro rata share -------- (based on the aggregate Class A Certificate Investor Interest represented by Class A Certificates held by such Certificateholder and determined without giving effect to payments of principal on such Payment Date under this Section 5.01) of the amounts set forth deposited into the Class A Certificate ------------ Account in this Section 4.1respect of the Class A Certificate Principal Distributable Amount and the Class A Certificate Principal Shortfall Carryover.
(b) On each Distribution Payment Date, the Trustee shall distribute, or shall furnish to the Paying AgentAgent for distribution, if any, shall from the Class B Certificate Account (in accordance with the Monthly Statement) the following amounts:
(i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from Holder of a Class B Certificate of record on the amount so withdrawn and to the extent of the Available Distribution Amountrelated Record Date, such Certificateholder's pro rata share -------- (based on the ratio of (a) the sum of the products of one-twelfth of the Certificate Rate for each Class B Certificate held by such Certificateholder times the Certificate Balance of such Class B Certificate on such Payment Date (determined without giving effect to payments of principal on such Payment Date under this Section 5.01), to (b) the Class B Certificate ------------ Interest Distributable Amount) of the amounts deposited into the Class B Certificate Account in respect of the Class B Certificate Interest Distributable Amount and the Class B Certificate Interest Shortfall Carryover; and
(ii) to each Holder of a Class B Certificate of record on the related Record Date, such Certificateholder's pro rata share (based on the aggregate Percentage Interests Class B Certificate Investor Interest represented by the Class B Certificates of the applicable Class held by such CertificateholderCertificateholder and determined without giving effect to payments of principal on such Payment Date under this Section ------- 5.01) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to deposited into the Class R Certificateholder by wire transfer B Certificate ---- Account in immediately available funds for the account respect of the Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on Class B Certificate Principal Distributable Amount and the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Class B Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3Principal Shortfall Carryover.
(c) All reductions On each Payment Date, Trustee shall distribute to Seller (in accordance with the Monthly Statement) any amounts required to be distributed to Seller pursuant to Section 4.05(h) and Section 4.08(b)(xv). ---------------------------------------
(d) Distributions to Certificateholders hereunder shall be made by check mailed to each Certificateholder at such Certificateholder's address appearing on the Certificate Principal Balance of a Certificate effected by distributions of principal Register without presentation or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and surrender of any Certificate issued upon or the registration making of any notation thereon or by wire transfer or exchange therefor or to such depository account as the Holder directs Trustee in lieu thereof, whether or not such distribution is noted on such Certificatewriting prior to the relevant Record Date. The final distribution of principal of each Certificate (Such distributions shall be made in immediately available funds and the final distribution except with respect to the Class R Certificate upon termination final distribution, payment shall be made without presentation or surrender of the Trust Fund) Certificates. Distributions to Seller hereunder shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be made by check mailed to each Person Seller at Seller's address appearing on Trustee's books or by wire transfer of immediately available funds to such depository account as Seller directs Trustee in whose name a Certificate writing prior to be so retired is registered at the close of business on the relevant Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Rockford Industries Inc)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder Certificateholders by wire transfer in immediately available funds for the account of the each Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; providedPROVIDED, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder Certificateholder, by wire transfer in immediately available funds for the account of the Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator Servicer pursuant to Section 4.34.2.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, Servicer has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mort Sec Multi Class Mort PSTHR Certs Ser 2003-13)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee (or the Paying Agent, if any, any duly appointed paying agent) shall (i) withdraw from the Certificate Account the REMIC II Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholderdistribute, from the amount so withdrawn and withdrawn, to the extent of the REMIC II Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by REMIC II Distribution Amount to the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to other than the Class R Certificateholder R-1 Certificates), in accordance with written statements 103 received from the Master Servicer pursuant to Section 4.02(b), by wire transfer in immediately available funds for the account of the Certificateholderof, or by any other means of payment acceptable to check mailed to, each such Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 9.01 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3.
(cb) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or and all allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate Certificates and of any Certificate Certificates issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to upon the Class R Certificate R-1 and Class R-2 Certificates upon the termination of the Trust FundREMIC I and REMIC II) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, Registrar specified in the notice delivered pursuant to Section 4.1(d4.04(c)(ii) or and Section 9.19.01(b).
(dc) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Mortgage Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Payoff Period, the Trustee believes, or the Certificate Administrator, if any, Master Servicer has notified the Trustee that it believes, believes that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date 18th day of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, Date and to the Underwriters and to each Rating Agency Agencies a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Sec Corp Mort Pass THR Cert Ser 1999-7)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"other than Class R-1 Certificateholders), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(ba) On each Distribution Date, the Trustee (or the Paying Agent, if any, any duly appointed paying agent) shall (i) withdraw from the Certificate Account Account, the REMIC II Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholderdistribute, from the amount so withdrawn and withdrawn, to the extent of the REMIC II Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by REMIC II Distribution Amount to the Certificates (other than the Class R-1 Certificates) (provided that any portion of such amount distributable to either Class of the Special Retail Certificates shall be used first to pay any amount payable to the applicable Class held by such CertificateholderRounding Account pursuant to Section 3.21) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) withdraw from the Certificate Account the applicable Rounding Amount or Amounts deposited therein for distribution on such date pursuant to Section 3.21 and distribute Excess Liquidation Proceeds the amounts so withdrawn to the applicable Class R Certificateholder of the Special Retail Certificates in accordance with such Section 3.21, all in accordance with written statements received from the Master Servicer pursuant to Section 4.02(b), by wire transfer in immediately available funds for the account of the Certificateholderof, or by any other means of payment acceptable to check mailed to, each such Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 9.01 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3.
(cb) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or and all allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate Certificates and of any Certificate Certificates issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to upon the Class R Certificate R-1 and Class R-2 Certificates upon the termination of the Trust FundREMIC I and REMIC II) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, Registrar specified in the notice delivered pursuant to Section 4.1(d4.04(c)(ii) or and Section 9.19.01(b).
(dc) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Mortgage Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Payoff Period, the Trustee believes, or the Certificate Administrator, if any, Master Servicer has notified the Trustee that it believes, believes that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date 18th day of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, Date and to the Underwriters and to each Rating Agency Agencies a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders and MBIA of the amounts set forth in this Section 4.1. Further, the Trustee shall establish and maintain the Reserve Fund which shall be an Eligible Account into which there shall have been deposited the amount of $5,000 on the Closing Date. No additional funds will be deposited in the Reserve Fund after the Closing Date. All funds deposited in the Reserve Fund including interest thereon shall be held in trust for the benefit of the Holders of the Insured Certificates, until withdrawn in accordance with this Section 4.1. The Reserve Fund shall be an "outside reserve fund" under the REMIC Provisions that is beneficially owned for all federal income tax purposes by Credit Suisse First Boston Corporation.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (ix) withdraw from the Certificate Account the MBIA Premium and distribute such amount to MBIA pursuant to Section 4.11(m) and (y)(i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each CertificateholderCertificateholder and MBIA, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) or MBIA's share (based upon the amount due to MBIA), as the case may be, of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder and (iii) distribute the amount withdrawn from the Reserve Fund with respect to such Distribution Date pursuant to Section 4.1(f), to the extent of funds on deposit in the Reserve Fund and shall apply such funds to distributions on the Insured Certificates as interest thereon, up to the amount of the Prepayment Interest Shortfalls allocated to the Insured Certificates pursuant to the definitions of "Interest Distribution Amount" and "Uncompensated Interest Shortfall", with respect to such Distribution Date, by wire transfer in immediately available funds for the account of the CertificateholderCertificateholder or MBIA, as applicable, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), or MBIA, as applicable, as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate RegisterRegister or MBIA, as applicable; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i), (ii) and (iiiii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.34.2.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Multi Class Cer Ser 2002-8)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for each Loan Group for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution AmountAmount for each Loan Group, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder Certificateholder, by wire transfer in immediately available funds for the account of the Certificateholder, Certificateholder or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), ) as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; providedPROVIDED, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.34.2.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2002-5)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or Securities Administrator, to the Paying Agent, if anyextent on deposit therein and based solely upon the Remittance Report for such Distribution Date, shall (i) withdraw from the Certificate Distribution Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder by wire transfer in immediately available funds for the account of the Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder Certificateholder, and at the address of such Holder appearing in the Certificate Register; provided, that if with respect to such Certificateholder, from the Trustee has appointed a Certificate Administratoramount so withdrawn and to the extent of such Available Distribution Amount, such distributions Certificateholder’s Percentage Interest of the following amounts and in the following order and priority:
(i) On each Distribution Date, the Securities Administrator shall distribute the Interest Funds for such Distribution Date in the following order of priority, in each case to the extent of the Interest Remittance Amount remaining for such Distribution Date:
(a) first, to the Swap Account, an amount equal to the sum of any Adjusted Net Securities Administrator Swap Payment owed to the Swap Provider and any Swap Termination Payment (iinot due to a Swap Provider Trigger Event) above shall be made in accordance with written statements received from owed to the Certificate Administrator pursuant Swap Provider for such Distribution Date;
(b) second, concurrently to Section 4.3.the Holders of the Class A-1, Class A-2 and Class A-3 Certificates, the related Senior Interest Distribution Amount for such Distribution Date to the extent of the Interest Funds on a pro rata basis based on the entitlement of each such Class; and
(c) All reductions third, to the Holders of the Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 and Class M-10 Certificates sequentially, in that order, the related Interest Distribution Amount allocable to each such Class to the extent of the Interest Funds for such Distribution Date remaining after distribution of the Senior Interest Distribution Amount to the Class A Certificates and distribution of the Interest Funds to any Class of Class M Certificates with a higher payment priority.
(A) On each Distribution Date (i) prior to the Stepdown Date or (ii) on which a Trigger Event is in effect, the Securities Administrator shall distribute the Principal Funds for that Distribution Date in the following amounts and order of priority:
(a) first, to the Swap Account, an amount equal to the sum of any Adjusted Net Securities Administrator Swap Payment owed to the Swap Provider and any Swap Termination Payment (not due to a Swap Provider Trigger Event) owed to the Swap Provider for such Distribution Date;
(b) second, concurrently to the Class A-1, Class A-2 and Class A-3 Certificates, pro rata based on their respective Certificate Principal Balances, until their respective Certificate Principal Balances have been reduced to zero;
(c) third, sequentially to the Holders of the Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 and Class M-10 Certificates, in that order, the Principal Funds remaining after the distributions in subsection (a) above, until the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect each such Class has been reduced to Loans made on any zero.
(B) On each Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fundi) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Stepdown Date and (ii) on which a Trigger Event is not in effect, the Securities Administrator shall distribute the Principal Funds for that Distribution Date therefor at in the office or agency following amounts and order of priority:
(a) first, to the Swap Account, an amount equal to the sum of any Adjusted Net Securities Administrator Swap Payment owed to the Swap Provider and any Swap Termination Payment (not due to a Swap Provider Trigger Event) owed to the Swap Provider to the extent not paid from the Interest Remittance Amount on such Distribution Date;
(b) second, concurrently to the Class A-1, Class A-1 and Class A-3 Certificates, in an amount up to the Senior Principal Distribution, pro rata based on their respective Certificate Principal Balances, until their respective Certificate Principal Balances have been reduced to zero,
(c) third, to the Holders of the Trustee or Class M-1 Certificates, the Class M-1 Principal Distribution Amount in reduction of the Certificate AdministratorPrincipal Balance thereof, if any, specified in until the notice delivered pursuant Certificate Principal Balance of the Class M-1 Certificates has been reduced to Section 4.1(d) or Section 9.1.zero;
(d) Wheneverfourth, on to the basis Holders of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment PeriodClass M-2 Certificates, the Trustee believes, or Class M-2 Principal Distribution Amount in reduction of the Certificate AdministratorPrincipal Balance thereof, if any, has notified until the Trustee that it believes, that the entire remaining unpaid Class Certificate Principal Balance of any the Class of M-2 Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause has been reduced to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.zero;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa1)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders and MBIA of the amounts set forth in this Section 4.1.. Further, the Trustee shall establish and maintain the Reserve Fund which shall be an Eligible Account into which there shall have been deposited the amount of $5,439.00 on the Closing Date. No additional funds will be deposited in the Reserve Fund after the Closing Date. All funds deposited in the Reserve Fund including interest thereon shall be held in trust for the benefit of the Holders of the Class A-9 Certificates, until withdrawn in accordance with this Section 4.1. The Reserve Fund shall be an "outside reserve fund" under the REMIC Provisions that is beneficially owned for all federal income tax purposes by Bear, Stearns & Co. Inc.
(b) On each Distribution Date, the Trustee or the xx xxx Paying Agent, if any, shall (ix) withdraw from the Certificate Account the MBIA Premium and distribute such amount to MBIA pursuant to Section 4.11(m) and (y)(i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each CertificateholderCertificateholder and MBIA, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) or MBIA's share (based upon the amount due to MBIA), as the case may be, of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder and (iii) distribute the amount withdrawn from the Reserve Fund with respect to such Distribution Date pursuant to Section 4.1(f), to the extent of funds on deposit in the Reserve Fund and shall apply such funds to distributions on the Class A-9 Certificates as interest thereon, up to the amount of the Prepayment Interest Shortfalls and Relief Act Interest Shortfalls allocated to the Class A-9 Certificates pursuant to the definitions of "Interest Distribution Amount" and "Uncompensated Interest Shortfall", with respect to such Distribution Date, by wire transfer in immediately available funds for the account of the CertificateholderCertificateholder or MBIA, as applicable, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), or MBIA, as applicable, as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate RegisterRegister or MBIA, as applicable; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i), (ii) and (iiiii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.34.2.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2002-4)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee (or the Paying Agent, if any, any duly appointed paying agent) shall (i) withdraw from the Certificate Account the REMIC II Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholderdistribute, from the amount so withdrawn and withdrawn, to the extent of the REMIC II Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by REMIC II Distribution Amount to the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to other than the Class R Certificateholder R-1 Certificates), in accordance with written statements received from the Master Servicer pursuant to Section 4.02(b), by wire transfer in immediately available funds for the account of the Certificateholderof, or by any other means of payment acceptable to check mailed to, each such Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 9.01 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3.
(cb) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or and all allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate Certificates and of any Certificate Certificates issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to upon the Class R Certificate R-1 and Class R-2 Certificates upon the termination of the Trust FundREMIC I and REMIC II) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, Registrar specified in the notice delivered pursuant to Section 4.1(d4.04(c)(ii) or and Section 9.19.01(b).
(dc) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Mortgage Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Payoff Period, the Trustee believes, or the Certificate Administrator, if any, Master Servicer has notified the Trustee that it believes, believes that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date 18th day of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, Date and to the Underwriters and to each Rating Agency Agencies a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, for each Loan Group the Trustee (or the Paying Agent, if any, any duly appointed paying agent) shall (i) withdraw from the Certificate Account the related Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholderdistribute, from the amount so withdrawn withdrawn, to the extent of such Available Distribution Amount, (1) the Certificate Distribution Amount to the related Holders of the Class A and Class R Certificates, and (2) payments to the Certificate Insurer (as described in Section 3.16) in respect of the Certificate Insurer's subrogation of certain rights to payment due to the Insured Certificateholders (ii) if an Interest Shortfall exists, withdraw the Yield Supplement Amount for such Loan Group from the Certificate Account and distribute such amount to the Class A Certificates related to such Loan Group; and (iii) distribute Excess Liquidation Proceeds, first, to the Certificate Insurer to the extent of the Available Distribution AmountCertificate Insurer Reimbursement Amount and, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount"second, and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder Certificateholders, in accordance with written statements received from the Master Servicer pursuant to Section 4.03(b), (iv) withdraw from the applicable Reserve Fund the applicable Reserve Fund Covered Amount in accordance with Section 3.17, and distribute such amounts to the Certificates in accordance with Section 3.17, (v) withdraw the Deficiency Amount, if any, from the Certificate Account and distribute such amount to the Insured Certificates in accordance with Section 3.16, (vi) if Late Remittances were deposited by the Master Servicer or the Servicer utilize such amount, first, to offset any Deficiency Amount for such Distribution Date and second, deposit such amount into the applicable Reserve Fund, (vii) distribute to the Certificate Insurer (x) the Premium Amount; and (y) if applicable, the Supplemental Amount for the Mortgage Loans in such Loan Group, (viii) if applicable, distribute to the Bank the Supplemental Amount for the Mortgage Loans in such Loan Group and (ix) if the Company has purchased all the Mortgage Loans in a Loan Group pursuant to Section 9.01, distribute the proceeds to the Certificateholders, all (except with respect to payments to the Certificate Insurer) in accordance with written statements received from the Master Servicer pursuant to Section 4.03(b) by wire transfer in immediately available funds for the account of the each Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 9.01 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; providedRegister and, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from respect to payments to the Certificate Administrator pursuant Insurer, by means of payment acceptable to Section 4.3the Certificate Insurer.
(cb) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Mortgage Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate Certificates upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, Registrar specified in the notice delivered pursuant to Section 4.1(d4.01(c)(ii) or Section 9.19.01(b).
(dc) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Mortgage Loans and Insurance Proceeds Proceeds, proceeds of the Certificate Insurance Policy and Liquidation Proceeds received and expected to be received during the applicable Prepayment Prior Period, the Trustee believes, or the Certificate Administrator, if any, Master Servicer has notified the Trustee that it believes, believes that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date 18th day of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, Date and to the Underwriters Rating Agency and to each Rating Agency the Certificate Insurer a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder by wire transfer in immediately available funds for the account of the Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; providedPROVIDED, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or Securities Administrator, to the Paying Agent, if anyextent on deposit therein and based solely upon the Remittance Report for such Distribution Date, shall (i) withdraw from the Certificate Distribution Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn Certificateholder and to the extent of the Available Distribution AmountCertificate Insurer, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount"applicable, and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder by wire transfer in immediately available funds for the account of the CertificateholderCertificateholder and the Certificate Insurer, as applicable, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 9.01 respecting the final distribution)) or the Certificate Insurer, as applicable, as specified by each such Certificateholder or the Certificate Insurer, as applicable, and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate Certificateholder, and of any Certificate issued upon to the registration of transfer or exchange therefor or in lieu thereofPolicy Payments Account, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination Insurer, from the amount so withdrawn and to the extent of such Available Distribution Amount, such Certificateholder’s Percentage Interest of the Trust Fund) shall be payable following amounts and in the manner provided above only upon presentation following order and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect thatpriority:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such On each Distribution Date, the Securities Administrator shall distribute the Interest Remittance Amount for such Distribution Date in the following order of priority:
(A) first, to the Certificate Insurer, the Certificate Insurer Premium due in connection with the Policy;
(B) second, to the holders of Senior Certificates, the related Senior Interest Distribution Amount for such Distribution Date to the extent of the Interest Remittance Amount remaining after the payment of the Certificate Insurer Premium to the Certificate Insurer, on a pro rata basis based on the entitlement of each such Class;
(C) third, to the Certificate Insurer, any unpaid Reimbursement Amount; and
(iiD) if fourth, to the holders of the Class X-0, Xxxxx X-0, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8 and Class M-9 Certificates, in that order, the related Interest Distribution Amount allocable to each such funds are availableClass to the extent of the Interest Remittance Amount for such Distribution Date remaining after the payment of the Certificate Insurer Premium and Reimbursement Amounts to the Certificate Insurer, distribution of the Senior Interest Distribution Amount to the Senior Certificates and distribution of the Interest Distribution Amount to any Class of Mezzanine Certificates with a higher payment priority.
(A) such final distribution will be payable On each Distribution Date (i) prior to the Stepdown Date or (ii) on such which a Trigger Event is in effect, the Securities Administrator shall distribute the Principal Distribution DateAmount for that Distribution Date in the following amounts and order of priority:
(1) First, but only upon presentation to the Senior Certificates, the Principal Distribution Amount, in the manner and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be priority set forth in such notice)below;
i. first, to the Class A-5A and (B) no interest shall accrue Class A-5B Certificates, pro rata based on such their respective Certificate after such Distribution Date.Principal Balances, up to the Class A-5 Priority Amount, until their respective Certificate Principal Balances are reduced to zero;
ii. second, to the Class A-1, Class A-2, Class A-7 and Class A-8 Certificates, until their respective Certificate Principal Balances are reduced to zero, concurrently as follows:
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-Ab3)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee (or the Paying Agent, if any, any duly appointed paying agent) shall (i) withdraw from the Certificate Account (i) the Certificate Insurer Premium and pay such amount to the Certificate Insurer, (ii) the REMIC II Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholderdistribute, from the amount so withdrawn and withdrawn, to the extent of the REMIC II Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by REMIC II Distribution Amount to the Certificates (other than the Class R-1 Certificates) DELTAProvided that any portion of such amount distributable to any Class of Special Retail Certificates shall be used first to pay any amount payable to the applicable Rounding Account pursuant to Section 3.21) and to the Certificate Insurer in respect of the applicable Class held by such Certificateholder) Certificate Insurer's subrogation to certain rights to payment due to the Holders of the amounts and in the order of priority Insured Certificates as set forth in Section 3.22, (iii) the definition of "Certificate Distribution Deficiency Amount", if any, and distribute such amount to the Holders of the Insured Certificates, (iiiv) the applicable Rounding Amount or Amounts, if any, deposited therein for distribution on such date pursuant to Section 3.21 and distribute Excess Liquidation Proceeds the amounts so withdrawn to the applicable Class of Special Retail Certificates in accordance with such Section 3.21 and (v) the Class II-A-8 Interest Supplement Amount, if any, deposited therein for distribution on such date pursuant to Section 3.16 and distribute the amount so withdrawn to the Class R Certificateholder II-A-8 Certificates, all in accordance with written statements received from the Master Servicer pursuant to Section 4.02(b), by (except with respect to the Certificate Insurer) wire transfer in immediately available funds for the account of the Certificateholderof, or by any other means of payment acceptable to check mailed to, each such Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 9.01 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) Register and (ii) above shall be made in accordance with written statements received from respect to payments to the Certificate Administrator pursuant Insurer, by means of payment acceptable to Section 4.3the Certificate Insurer.
(cb) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or and all allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate Certificates and of any Certificate Certificates issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to upon the Class R Certificate R-1 and Class R-2 Certificates upon the termination of the Trust FundREMIC I and REMIC II) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, Registrar specified in the notice delivered pursuant to Section 4.1(d4.04(c)(ii) or and Section 9.19.01(b).
(dc) Whenever, on the basis of Curtailments, Payoffs Payoffs, proceeds of the Certificate Insurance Policy and Monthly Payments on the Mortgage Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Payoff Period, the Trustee believes, or the Certificate Administrator, if any, Master Servicer has notified the Trustee that it believes, believes that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date 18th day of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, Date and to the Underwriters and Rating Agencies (with a copy to each Rating Agency the Certificate Insurer) a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp Mort Pass THR Cert Ser 1999-9)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee (or the Paying Agent, if any, any duly appointed paying agent) shall (i) withdraw from the Certificate Account Account, (i) the Certificate Insurer Premium for the Class V-A-1 Certificates and pay such amount to the Certificate Insurer, (ii) the REMIC II Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholderdistribute, from the amount so withdrawn and withdrawn, to the extent of the REMIC II Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by REMIC II Distribution Amount to the Certificates (other than the Class R-1 Certificates) (provided that any portion of such amount distributable to any Class of Special Retail Certificates shall be used first to pay any amount payable to the applicable Rounding Account pursuant to Section 3.21) and to the Certificate Insurer in respect of the applicable Class held by such Certificateholder) Certificate Insurer's subrogation to certain rights to payment due to the Holders of the amounts and in the order of priority Insured Certificates as set forth in Section 3.22, (iii) the definition Deficiency Amount, if any, with respect to each Class of "Certificate Distribution Amount"Insured Certificates and distribute such 150 amount to the Holders of such Class of Insured Certificates, and (iiiv) the applicable Rounding Amount or Amounts deposited therein for distribution on such date pursuant to Section 3.21 and distribute Excess Liquidation Proceeds the amounts so withdrawn to the applicable Class R Certificateholder of Special Retail Certificates in accordance with such Section 3.21, all in accordance with written statements received from the Master Servicer pursuant to Section 4.02(b), by (except with respect to payments to the Certificate Insurer) wire transfer in immediately available funds for the account of the Certificateholderof, or by any other means of payment acceptable to check mailed to, each such Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 9.01 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) Register and (ii) above shall be made in accordance with written statements received from respect to payments to the Certificate Administrator pursuant Insurer, by means of payment acceptable to Section 4.3the Certificate Insurer.
(cb) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or and all allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate Certificates and of any Certificate Certificates issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to upon the Class R Certificate R-1 and Class R-2 Certificates upon the termination of the Trust FundREMIC I and REMIC II) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, Registrar specified in the notice delivered pursuant to Section 4.1(d4.04(c)(ii) or and Section 9.19.01(b).
(dc) Whenever, on the basis of Curtailments, Payoffs Payoffs, proceeds of the Certificate Insurance Policies and Monthly Payments on the Mortgage Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Payoff Period, the Trustee believes, or the Certificate Administrator, if any, Master Servicer has notified the Trustee that it believes, believes that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date 18th day of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, Date and to the Underwriters and to each Rating Agency Agencies a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
and (ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp)
Distributions to Certificateholders. (a) The Trustee shall establish On each Distribution Date and maintain a separate account as set forth in Article I (the "Certificate Account")prior to making any distributions on such date, the purpose of which is to accept deposits Trustee (or any duly appointed paying agent) shall withdraw from the Servicer Certificate Account the Certificate Insurer Premium and to make distributions pay such amount to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On Certificate Insurer. Thereafter on each Distribution Date, the Trustee (or the Paying Agent, if any, any duly appointed paying agent) shall (i) withdraw from the Certificate Account the REMIC I Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholderdistribute, from the amount so withdrawn and withdrawn, to the extent of the REMIC I Available Distribution Amount, such Certificateholder's share the REMIC I Distribution Amount to the Certificateholders and the Certificate Insurer in respect of amounts owed to the Certificateholders and the Certificate Insurer pursuant to the definition of "REMIC I Distribution Amount" and payments to the Certificate Insurer (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in Section 3.16) in respect of the definition Certificate Insurer's subrogation of "Certificate Distribution Amount"certain rights to payment due to the Class A Certificateholders, and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder and (iii) withdraw the Deficiency Amount, if any, from the Certificate Account and distribute such amount to the Class A Certificates in accordance with Section 3.16. All such distributions from the Certificate Account on each Distribution Date shall be done in accordance with written statements received from the Master Servicer pursuant to Section 4.02(b). Payments to Certificateholders shall be made by wire transfer in immediately available funds for the account of the Certificateholderof, or by any other means of payment acceptable to check mailed to, each such Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 9.01 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if . Payments to the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above Insurer shall be made in accordance with written statements received from a manner acceptable to the Certificate Administrator pursuant to Section 4.3Insurer.
(cb) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or and all allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate Certificates and of any Certificate Certificates issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, Registrar specified in the notice delivered pursuant to Section 4.1(d4.01(c)(ii) or and Section 9.19.01(b).
(dc) Whenever, on the basis of proceeds from the Certificate Insurance Policy, Curtailments, Payoffs and Monthly Payments on the Mortgage Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Prior Period, the Trustee believes, or the Certificate Administrator, if any, Master Servicer has notified the Trustee that it believes, believes that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date 18th day of the month of such Distribution DateDate (to the extent the Trustee has received such notification no later than 5 Business Days prior to such 18th day), mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, Date and to the Underwriters Rating Agencies and to each Rating Agency the Certificate Insurer a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Sec Corp Mort Pass THR Cert Ser 1999-7)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee (or the Paying Agent, if any, any duly appointed paying agent) shall (i) withdraw from the Certificate Account Account, (i) the REMIC II Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholderdistribute, from the amount so withdrawn and withdrawn, to the extent of the REMIC II Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by REMIC II Distribution Amount to the Certificates (other than the Class R-1 Certificates) and to the Certificate Insurer in respect of the applicable Class held by such Certificateholder) Certificate Insurer's subrogation to certain rights to payment due to the Holders of the amounts and in the order of priority Insured Certificates as set forth in the definition of "Certificate Distribution Amount", Section 3.22 and (ii) the Deficiency Amount, if any, from the Certificate Account and distribute Excess Liquidation Proceeds such amount to the Class R Certificateholder Holders of the Insured Certificates, all in accordance with written statements received from the Master Servicer pursuant to Section 4.02(b), by (except with respect to payments to the Certificate Insurer) wire transfer in immediately available funds for the account of the Certificateholderof, or by any other means of payment acceptable to check mailed to, each such Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 9.01 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) Register and (ii) above shall be made in accordance with written statements received from respect to payments to the Certificate Administrator pursuant Insurer, by means of payment acceptable to Section 4.3the Certificate Insurer.
(cb) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or and all allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate Certificates and of any Certificate Certificates issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to upon the Class R Certificate R-1 and Class R-2 Certificates upon the termination of the Trust FundREMIC I and REMIC II) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, Registrar specified in the notice delivered pursuant to Section 4.1(d4.04(c)(ii) or and Section 9.19.01(b).
(dc) Whenever, on the basis of Curtailments, Payoffs Payoffs, proceeds of the Certificate Insurance Policy and Monthly Payments on the Mortgage Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Payoff Period, the Trustee believes, or the Certificate Administrator, if any, Master Servicer has notified the Trustee that it believes, believes that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date 18th day of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, Date and to the Underwriters and to each Rating Agency Agencies a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
and (ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"other than Class R-1 Certificateholders), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(ba) On each Distribution Date, the Trustee (or the Paying Agent, if any, any duly appointed paying agent) shall (i) withdraw from the Certificate Account Account, the REMIC II Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholderdistribute, from the amount so withdrawn and withdrawn, to the extent of the REMIC II Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by REMIC II Distribution Amount to the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to other than the Class R Certificateholder R-1 Certificates), all in accordance with written statements received from the Master Servicer pursuant to Section 4.02(b), by wire transfer in immediately available funds for the account of the Certificateholderof, or by any other means of payment acceptable to check mailed to, each such Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 9.01 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3.
(cb) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or and all allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate Certificates and of any Certificate Certificates issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to upon the Class R Certificate R-1 Certificates upon the termination of the Trust FundREMIC I) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, Registrar specified in the notice delivered pursuant to Section 4.1(d4.04(c)(ii) or and Section 9.19.01(b).
(dc) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Mortgage Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Payoff Period, the Trustee believes, or the Certificate Administrator, if any, Master Servicer has notified the Trustee that it believes, believes that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date 18th day of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, Date and to the Underwriters and to each Rating Agency Agencies a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for each Loan Group for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution AmountAmount for each Loan Group, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder Certificateholders by wire transfer in immediately available funds for the account of the each Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that PROVIDED THAT if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Mortgage Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Mortgage Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or Securities Administrator, to the Paying Agent, if anyextent on deposit therein and based solely upon the Remittance Report for such Distribution Date, shall (i) withdraw from the Certificate Distribution Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder by wire transfer in immediately available funds for the account of the Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 10.1 respecting the final distribution), as specified by each such Certificateholder Certificateholder, and at the address of such Holder appearing in the Certificate Register; provided, that if with respect to such Certificateholder, from the Trustee has appointed a Certificate Administratoramount so withdrawn and to the extent of such Available Distribution Amount, such distributions Certificateholder’s Percentage Interest of the following amounts and in the following order and priority:
(i) On each Distribution Date, the Securities Administrator shall distribute the Interest Remittance Amount for such Distribution Date in the following order of priority, in each case to the extent of the Interest Remittance Amount remaining for such Distribution Date:
(a) first, to the Swap Account in the Supplemental Interest Trust, an amount equal to the sum of any Net Swap Payment owed to the Swap Provider and any Swap Termination Payment owed to the Swap Provider not due to a Swap Provider Trigger Event for such Distribution Date;
(iib) above shall be made in accordance with written statements received from second, concurrently to the Certificate Administrator pursuant Holders of the Senior Certificates, the related Senior Interest Distribution Amount for such Distribution Date to Section 4.3.the extent of the remaining Interest Remittance Amount on a pro rata basis based on the entitlement of each such Class; and
(c) All reductions third, to the Holders of the Class X-0, Xxxxx X-0, Class M-3 and Class M-4 Certificates, sequentially, in that order, the related Interest Distribution Amount allocable to each such Class to the extent of the Interest Remittance Amount for such Distribution Date remaining after distribution of the Senior Interest Distribution Amount to the Senior Certificates and distribution of the Interest Distribution Amount to any Class of Mezzanine Certificates with a higher payment priority.
(A) On each Distribution Date (i) prior to the Stepdown Date or (ii) on which a Trigger Event is in effect, the Securities Administrator shall distribute the Principal Distribution Amount for that Distribution Date in the following amounts and order of priority:
(a) first, to Swap Account in the Supplemental Interest Trust, an amount equal to the sum of any Net Swap Payment owed to the Swap Provider and any Swap Termination Payment owed to the Swap Provider not due to a Swap Provider Trigger Event to the extent not paid from the Interest Remittance Amount on such Distribution Date;
(b) second, concurrently, to the Class A-1, Class A-2, Class A-3 and Class A-4 Certificates, pro rata (with respect to clause (1) below, based on the aggregate Certificate Principal Balance of the Class A-1, Class A-2 and Class A-3 Certificates, and with respect to clause (2) below, based on the Certificate Principal Balance of a the Class A-4 Certificates) as follows:
(1) to the Class A-1, Class A-2 and Class A-3 Certificates, sequentially, until the Certificate effected by Principal Balance of each such class has been reduced to zero.
(2) to the Class A-4 Certificates, until its Certificate Principal Balance has been reduced to zero; and;
(c) third, sequentially, to the Holders of the Class X-0, Xxxxx X-0, Class M-3 and Class M-4 Certificates, in that order, the Principal Distribution Amount remaining after the distributions in clause second above, until the Certificate Principal Balance of principal or allocations of Realized Losses with respect each such Class has been reduced to Loans made zero; provided, that on any Distribution Date on which each of the aggregate Certificate Principal Balances of the Mezzanine Certificates and the Overcollateralization Amount have been reduced to zero, the Principal Distribution Amount shall be binding upon all distributed by the Securities Administrator sequentially, (i) first, to the Class A-1, Class A-2 and Class A-3 Certificates, pro rata based on Certificate Principal Balance, until their respective Certificate Principal Balances are reduced to zero, and (ii) second, to the Class A-4 Certificates, until its Certificate Principal Balance is reduced to zero.
(B) On each Distribution Date (i) on or after the Stepdown Date and (ii) on which a Trigger Event is not in effect, the Securities Administrator shall distribute the Principal Distribution Amount for that Distribution Date in the following amounts and order of priority:
(a) first, to the Swap Account in the Supplemental Interest Trust, an amount equal to the sum of any Net Swap Payment owed to the Swap Provider and any Swap Termination Payment owed to the Swap Provider not due to a Swap Provider Trigger Event to the extent not paid from the Interest Remittance Amount on such Distribution Date;
(b) second, in an amount up to the Senior Principal Distribution Amount for that Distribution Date, concurrently, to the Class A-1, Class A-2, Class A-3 and Class A-4 Certificates, pro rata (with respect to clause (1) below, based on the aggregate Certificate Principal Balance of the Class A-1, Class A-2 and Class A-3 Certificates, and with respect to clause (2) below, based on the Certificate Principal Balance of the Class A-4 Certificates) as follows:
(1) to the Class A-1, Class A-2 and Class A-3 Certificates, sequentially, until the Certificate Principal Balance of each such class has been reduced to zero; and
(2) to the Class A-4 Certificates, until its Certificate Principal Balance has been reduced to zero;
(c) third, to the Holders of the Class M-1 Certificates, an amount up to the Class M-1 Principal Distribution Amount in reduction of the Certificate Principal Balance thereof, until the Certificate Principal Balance of the Class M-1 Certificates has been reduced to zero;
(d) fourth, to the Holders of the Class M-2 Certificates, an amount up to the Class M-2 Principal Distribution Amount in reduction of the Certificate Principal Balance thereof, until the Certificate Principal Balance of the Class M-2 Certificates has been reduced to zero;
(e) fifth, to the Holders of the Class M-3 Certificates, an amount up to the Class M-3 Principal Distribution Amount in reduction of the Certificate Principal Balance thereof, until the Certificate Principal Balance of the Class M-3 Certificates has been reduced to zero; and
(f) sixth, to the Holders of the Class M-4 Certificates, an amount up to the Class M-4 Principal Distribution Amount in reduction of the Certificate Principal Balance thereof, until the Certificate Principal Balance of the Class M-4 Certificates has been reduced to zero; provided, that on any Distribution Date on which each of the aggregate Certificate Principal Balance of the Mezzanine Certificates and the Overcollateralization Amount have been reduced to zero, the Principal Distribution Amount shall be distributed by the Securities Administrator sequentially, (i) first, to the Class A-1, Class A-2 and Class A-3 Certificates, pro rata based on Certificate Principal Balances, until their respective Certificate Principal Balances are reduced to zero, and (ii) second, to the Class A-4 Certificates, until its Certificate Principal Balance is reduced to zero.
(iii) On each Distribution Date, the Securities Administrator shall distribute any Net Monthly Excess Cashflow for such Certificate Distribution Date in the following order of priority:
(a) first, to the holders of the Classes of Certificates then entitled to receive distributions in respect of principal, in an amount equal to the Overcollateralization Increase Amount for such Distribution Date, distributable as part of the Principal Distribution Amount for that Distribution Date in accordance with the priorities set forth in Section 4.1(a)(ii) above;
(b) second, sequentially, to the Holders of the Class X-0, Xxxxx X-0, Class M-3 and Class M-4 Certificates, in that order, the related Interest Carry Forward Amount for each such Class for such Distribution Date;
(c) third, sequentially, to the Holders of the Class X-0, Xxxxx X-0, Class M-3 and Class M-4 Certificates, in that order, the Allocated Realized Loss Amount for each such Class and such Distribution Date;
(d) fourth, to the Reserve Fund, the amount by which the Net WAC Rate Carryover Amounts, if any, with respect to the Senior Certificates and Mezzanine Certificates exceeds the amount in the Reserve Fund that was not distributed on prior Distribution Dates;
(e) fifth, to the Swap Account in the Supplemental Interest Trust, an amount equal to any Swap Termination Payment owed to the Swap Provider due to a Swap Provider Trigger Event pursuant to the Swap Agreement;
(f) sixth, to the Holders of the Class CE Certificates, the Interest Distribution Amount for such Class and any Overcollateralization Reduction Amount for such Distribution Date; and
(g) seventh, to the Holders of the Class R Certificates, any remaining amounts.
(iv) On each Distribution Date, the Securities Administrator, after making the required distributions of interest and principal to the Certificates as described in Section 4.1(a)(i) and (a)(ii) above, and after the distribution of the Net Monthly Excess Cashflow as described in Section 4.1(a)(iii), will withdraw from the Reserve Fund the amounts on deposit therein and distribute such amounts to the Senior Certificates and the Mezzanine Certificates in respect of any Certificate issued upon Net WAC Rate Carryover Amounts due to each such Class in the registration following manner and order of transfer or exchange therefor or priority: first, concurrently to the Senior Certificates pro rata based on their respective entitlement, the related Net WAC Rate Carryover Amount remaining unpaid for such Distribution Date for each such Class; second, sequentially to the Class X-0, Xxxxx X-0, Class M-3 and Class M-4 Certificates, sequentially, in lieu thereofthat order, whether or the related Net WAC Rate Carryover Amount remaining unpaid for such Distribution Date for such Class.
(v) [Reserved]
(vi) On each Distribution Date, to the extent required, following the distribution of the Interest Remittance Amount, Principal Distribution Amount, Net Monthly Excess Cashflow and withdrawals from the Reserve Fund, as described in this Section 4.1 above, the Securities Administrator will withdraw any amounts in the Swap Account and distribute such amounts in the following order of priority:
(a) first, to the Swap Provider, any Net Swap Payment owed to the Swap Provider pursuant to the Swap Agreement for such Distribution Date;
(b) second, to the Swap Provider, any Swap Termination Payment owed to the Swap Provider not such due to a Swap Provider Trigger Event pursuant to the Swap Agreement;
(c) third, concurrently, to the Holders of the Senior Certificates, the related Senior Interest Distribution Amount remaining undistributed after the distribution is noted of the Interest Remittance Amount, on a pro rata basis based on such Certificate. respective remaining Senior Interest Distribution Amounts;
(d) fourth, sequentially, to the Holders of the Class X-0, Xxxxx X-0, Class M-3 and Class M-4 Certificates, in that order, the related Interest Distribution Amount and Interest Carry Forward Amount, to the extent remaining undistributed after the distributions of the Interest Remittance Amount and the Net Monthly Excess Cashflow;
(e) fifth, to the holders of the class or classes of Certificates then entitled to receive distributions in respect of principal, in an amount equal to the Overcollateralization Increase Amount for such Distribution Date after taking into account distributions made pursuant to Section 4.1(a)(iii)(a) above;
(f) sixth, sequentially, to the Holders of the Class X-0, Xxxxx X-0, Class M-3 and Class M-4 Certificates, in that order, in each case up to the related Allocated Realized Loss Amount related to such Class for such Distribution Date remaining undistributed after distribution of the Net Monthly Excess Cashflow pursuant to Section 4.1(a)(iii) above;
(g) seventh, concurrently, to the Holders of the Senior Certificates, on a pro rata basis based on such respective Net WAC Rate Carryover Amounts, to the extent remaining undistributed after distributions of Net Monthly Excess Cashflow on deposit in the Reserve Fund;
(h) eighth, sequentially, to the Holders of the Mezzanine Certificates, in the order of their numerical class designations, the related Net WAC Rate Carryover Amount, to the extent remaining undistributed after distributions of Net Monthly Excess Cashflow on deposit in the Reserve Fund;
(i) ninth, to the Swap Provider, an amount equal to the Swap Termination Payment owed to the Swap Provider due to a Swap Provider Trigger Event pursuant to the Swap Agreement; and
(j) tenth, to the Holders of the Class CE Certificates, any remaining amount.
(b) The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above in Section 4.1 only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, Securities Administrator specified in the notice delivered pursuant to Section 4.1(d) the next succeeding paragraph or Section 9.1.
(d) 10.1. Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, Securities Administrator believes that the entire remaining unpaid Class Certificate Principal Balance of any Class of Certificates will shall become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, Securities Administrator shall, no later than as early as practicable prior to the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters Underwriter, and to each Rating Agency a notice to the effect that:
: (i) it is expected that funds sufficient to make such final distribution will shall be available in the Certificate Distribution Account on such Distribution Date, and
and (ii) if such funds are available, (A) such final distribution will shall be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar Securities Administrator maintained for such purpose (the address of which shall be set forth in such notice), and (B) no o interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PHH Alternative Mortgage Trust, Series 2007-3)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee (or the Paying Agent, if any, any duly appointed paying agent) shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholderdistribute, from the amount so withdrawn and withdrawn, to the extent of the Available Distribution Amount, such Certificateholder's share the Certificate Distribution Amount (based on provided, that any amount distributable to the aggregate Percentage Interests represented by Class A-3 Certificates, other than amounts received from the Certificates Certificate Insurer pursuant to the Certificate Insurance Policy which shall be distributed in accordance with Section 3.16, shall be used first, to pay any amount payable to the Class A-3 Rounding Account pursuant to Section 3.18) and make payments to the Certificate Insurer (as described in Section 3.16) in respect of the applicable Class held by such Certificateholder) Certificate Insurer"s subrogation of certain rights to payments due to the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount"Insured Certificateholders, and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder Certificateholders, (iii) withdraw from the Reserve Fund the amounts specified in Section 3.17 and distribute the amounts so withdrawn to the Insured Certificates in accordance with such Section 3.17, (iv) withdraw from the Class A-3 Rounding Account the amounts specified in Section 3.18 and distribute the amounts so withdrawn to the Insured Certificates in accordance with such Section 3.18, and (v) withdraw the Deficiency Amount, if any, from the Certificate Account and distribute such amount to the Insured Certificates in accordance with Section 3.16, all (except with respect to payments to the Certificate Insurer) in accordance with written statements received from the Master Servicer pursuant to Section 4.03(b), by wire transfer in immediately available funds for the account of the each Certificateholder, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 9.01 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; providedRegister and, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from respect to payments to the Certificate Administrator pursuant Insurer, by means of payment acceptable to Section 4.3the Certificate Insurer.
(cb) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Mortgage Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate Certificates upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, Registrar specified in the notice delivered pursuant to Section 4.1(d4.01(c)(ii) or Section 9.19.01(b).
(dc) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Mortgage Loans and Insurance Proceeds Proceeds, proceeds of the Certificate Insurance Policy and Liquidation Proceeds received and expected to be received during the applicable Prepayment Prior Period, the Trustee believes, or the Certificate Administrator, if any, Master Servicer has notified the Trustee that it believes, believes that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date 18th day of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, Date and to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp)
Distributions to Certificateholders. (other than Class R-1 --------------------------------------------------------- Certificateholders). -------------------
(a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee (or the Paying Agent, if any, any duly appointed paying agent) shall (i) withdraw from the Certificate Account Account, the REMIC II Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholderdistribute, from the amount so withdrawn and withdrawn, to the extent of the REMIC II Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by REMIC II Distribution Amount to the Certificates (other than the Class R-1 Certificates) (provided that any portion of such amount distributable to the applicable Class held by such CertificateholderI-A-14 Certificates shall be used first to pay any amount payable to the Class I-A-14 Rounding Account pursuant to Section 3.21) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) withdraw from the Certificate Account the Rounding Amount deposited therein for distribution on such date pursuant to Section 3.21 and distribute Excess Liquidation Proceeds the amount so withdrawn to the Class R Certificateholder I-A-14 Certificates in accordance with such Section 3.21, all in accordance with written statements received from the Master Servicer pursuant to Section 4.02(b), by wire transfer in immediately available funds for the account of the Certificateholderof, or by any other means of payment acceptable to check mailed to, each such Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 9.01 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3.
(cb) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or and all allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate Certificates and of any Certificate Certificates issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to upon the Class R Certificate R-1 and Class R-2 Certificates upon the termination of the Trust FundREMIC I and REMIC II) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, Registrar specified in the notice delivered pursuant to Section 4.1(d4.04(c)(ii) or and Section 9.19.01(b).
(dc) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Mortgage Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Payoff Period, the Trustee believes, or the Certificate Administrator, if any, Master Servicer has notified the Trustee that it believes, believes that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date 18th day of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, Date and to the Underwriters and to each Rating Agency Agencies a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder Certificateholder, by wire transfer in immediately available funds for the account of the Certificateholder, Certificateholder or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution), ) as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.34.2.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mort Corp Multi-Class Mort Pass-THR Cert Ser 2003-2)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain All distributions made on each Class of Certificates (other than the Class R Certificates) on each Distribution Date will be made on a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to pro rata basis among the Certificateholders of record of such Class of Certificates on the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee or the Paying Agent, if any, shall (i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution preceding Record Date and shall distribute to each Certificateholder, from the amount so withdrawn and to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests Interest represented by the Certificates their respective Certificates, without preference or priority of the applicable Class held by such Certificateholder) of the amounts any kind, and except as otherwise provided in the order of priority as set forth in the definition of "Certificate Distribution Amount"next succeeding sentence, and (ii) distribute Excess Liquidation Proceeds to the Class R Certificateholder shall be made by wire transfer in of immediately available funds for to the account of the such Certificateholder, or by any other means of payment acceptable to each if such Certificateholder shall own of record on Certificates which have original denominations aggregating at least $250,000 and shall have so notified the immediately preceding Record Date (other than as provided in Section 9.1 respecting the final distribution)Trustee, as specified and otherwise by each such Certificateholder and at check mailed to the address of such Holder Certificateholder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (i) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3.
(c) All reductions in the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of on each Certificate (and the final distribution with respect to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered pursuant to Section 4.1(d) or Section 9.1.
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Certificate to be so retired is registered at the close of business on the Record Date, to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will be available made in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Datelike manner, but only upon presentation presentment and surrender of such Certificate at the office or agency location specified in the notice to Certificateholders of such final distribution.
(b) All distributions made on the Class R Certificates on each Distribution Date will be made on a pro rata basis among the holders of the Certificate Registrar maintained for Class R Certificates of record on the preceding Record Date based on their respective Residual Interests, without preference or priority of any kind, and except as otherwise provided in the next succeeding sentence, shall be made by wire transfer of immediately available funds to the account of each such purpose (holder, if such holder shall own of record Class R Certificates having an original Denomination aggregating at least a 50% undivided interest thereof and shall have so notified the Trustee, and otherwise by check mailed to the address of which such Class R Certificateholder appearing in the Certificate Register. The final distribution on each Class R Certificates will be made in like manner, but only upon presentment and surrender of the Class R Certificates at the location specified in the notice to holders of the Class R Certificates of such final distribution. Any amount distributed to the holders of the Class R Certificates on any Distribution Date shall not be set forth in such notice), and (B) no subject to any claim or interest shall accrue on such Certificate after such Distribution Dateof holders of the other Classes of Certificates.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Financial Asset Securities Corp)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Date, the Trustee (or the any duly appointed Paying Agent, if any, shall )
(i) withdraw shall be deemed to have distributed from the Certificate Account the Available Mortgage Trust Certificate Distribution Amount to the Mortgage Trust Certificateholders and to have deposited such amount for such Distribution Date their benefit into the Certificate Account and (ii) from the Certificate Account shall distribute to each Certificateholder, from the amount so withdrawn Class R-1 Certificateholders the sum of (a) Excess Liquidation Proceeds and (b) the amounts to be distributed to the extent of the Available Distribution Amount, such Certificateholder's share (based on the aggregate Percentage Interests represented by the Certificates of the applicable Class held by such Certificateholder) of the amounts and in the order of priority as set forth in R-1 Certificateholders pursuant to the definition of "Mortgage Trust Certificate Distribution Amount"" herein for such Distribution Date, and (ii) distribute Excess Liquidation Proceeds all in accordance with written statements received from the Master Servicer pursuant to the Class R Certificateholder Section 4.03(b), by wire transfer in immediately available funds for the account of the each Certificateholder, or by any other means of payment acceptable to each Mortgage Trust Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.1 9.01 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided. Notwithstanding any other provision of this Agreement, that if the Trustee has appointed a Certificate Administrator, such no actual distributions in pursuant to clause (i) and (iiof this Section 4.01(a) above shall be made on account of the deemed distributions described in accordance with written statements received from this paragraph except in the event of a liquidation of the Certificate Administrator pursuant to Section 4.3Trust Fund and not the Mortgage Trust Fund.
(cb) All reductions in the Certificate Principal Balance of a Mortgage Trust Certificate effected by distributions of principal or allocations of Realized Losses with respect to Mortgage Loans made on any Distribution Date shall be binding upon all Holders of such Mortgage Trust Certificate and of any Mortgage Trust Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Mortgage Trust Certificate. The final distribution of principal of each Mortgage Trust Certificate (and the final distribution with respect to the Class R Certificate R-1 Certificates upon termination of the Mortgage Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, Registrar specified in the notice delivered pursuant to Section 4.1(d4.01(c)(ii) or Section 9.19.01(b).
(dc) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Mortgage Loans and Insurance Proceeds and Liquidation Proceeds received and expected to be received during the applicable Prepayment Prior Period, the Trustee believes, or the Certificate Administrator, if any, Master Servicer has notified the Trustee that it believes, believes that the entire remaining unpaid Class Principal Balance of any Class of Mortgage Trust Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date 18th day of the month of such Distribution Date, mail or cause to be mailed to each Person in whose name a Mortgage Trust Certificate to be so retired is registered at the close of business on the Record Date, Date and to the Underwriters and to each Rating Agency a notice to the effect that:
(i) each such Mortgage Trust Certificate is to be so retired;
(ii) it is expected that funds sufficient to make such final distribution will be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon presentation and surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp)
Distributions to Certificateholders. (a) The Trustee shall establish and maintain a separate account as set forth in Article I (the "Certificate Account"), the purpose of which is to accept deposits from the Servicer and to make distributions to the Certificateholders of the amounts set forth in this Section 4.1.
(b) On each Distribution Payment Date, the Trustee shall distribute, or shall furnish to the Paying AgentAgent for distribution, if any, shall from the Class A Certificate Account (in accordance with the Monthly Statement) the following amounts:
(i) withdraw from the Certificate Account the Available Distribution Amount for such Distribution Date and shall distribute to each Certificateholder, from Holder of a Class A Certificate of record on the amount so withdrawn and to the extent of the Available Distribution Amountrelated Record Date, such Certificateholder's pro rata share (based on the ratio of (a) the sum of the products of one-twelfth of the Certificate Rate for each Class A Certificate held by such Certificateholder times the Certificate Balance of such Class A Certificate on such Payment Date (determined without giving effect to payments of principal on such Payment Date under this Section 5.01), to (b) the Class A Certificate Interest Distributable Amount) of the amounts deposited into the Class A Certificate Account in respect of the Class A Certificate Interest Distributable Amount and the Class A Certificate Interest Shortfall Carryover; and
(ii) to each Holder of a Class A Certificate of record on the related Record Date, such Certificateholder's pro rata share (based on the aggregate Percentage Interests Class A Certificate Investor Interest represented by the Class A Certificates of the applicable Class held by such CertificateholderCertificateholder and determined without giving effect to payments of principal on such Payment Date under this Section 5.01) of the amounts and in the order of priority as set forth in the definition of "Certificate Distribution Amount", and (ii) distribute Excess Liquidation Proceeds to deposited into the Class R Certificateholder by wire transfer A Certificate Account in immediately available funds for the account respect of the CertificateholderClass A Certificate Principal Distributable Amount, or by any other means of payment acceptable to each Certificateholder of record on the immediately preceding Record Date Class A Certificate Principal Shortfall Carryover and the Other Class A Principal Amount.
(other than as provided in Section 9.1 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register; provided, that if the Trustee has appointed a Certificate Administrator, such distributions in (ib) and (ii) above shall be made in accordance with written statements received from the Certificate Administrator pursuant to Section 4.3.[Intentionally omitted]
(c) All reductions On each Payment Date, Trustee shall distribute to Seller (in accordance with the Certificate Principal Balance of a Certificate effected by distributions of principal or allocations of Realized Losses with respect Monthly Statement) any amounts required to Loans made on any Distribution Date shall be binding upon all Holders of such Certificate and of any Certificate issued upon the registration of transfer or exchange therefor or in lieu thereof, whether or not such distribution is noted on such Certificate. The final distribution of principal of each Certificate (and the final distribution with respect distributed to the Class R Certificate upon termination of the Trust Fund) shall be payable in the manner provided above only upon presentation and surrender thereof on or after the Distribution Date therefor at the office or agency of the Trustee or Certificate Administrator, if any, specified in the notice delivered Seller pursuant to Sections 4.05(h) and Section 4.1(d) or Section 9.14.08(b)(xv).
(d) Whenever, on the basis of Curtailments, Payoffs and Monthly Payments on the Loans and Insurance Proceeds and Liquidation Proceeds received and expected Distributions to Certificateholders hereunder shall be received during the applicable Prepayment Period, the Trustee believes, or the Certificate Administrator, if any, has notified the Trustee that it believes, that the entire remaining unpaid Class Principal Balance of any Class of Certificates will become distributable on the next Distribution Date, the Trustee or the Certificate Administrator, if any, shall, no later than the Determination Date of the month of such Distribution Date, mail or cause to be made by check mailed to each Person in whose name a Certificate to be so retired is registered Certificateholder at the close of business such Certificateholder's address appearing on the Certificate Register without presentation or surrender of any Certificate or the making of any notation thereon or by wire transfer to such depository account as the Holder directs Trustee in writing prior to the relevant Record Date, . Such distributions shall be made in immediately available funds and except with respect to the Underwriters and to each Rating Agency a notice to the effect that:
(i) it is expected that funds sufficient to make such final distribution will distribution, payment shall be available in the Certificate Account on such Distribution Date, and
(ii) if such funds are available, (A) such final distribution will be payable on such Distribution Date, but only upon made without presentation and or surrender of such Certificate at the office or agency of the Certificate Registrar maintained for such purpose (the address of which Certificates. Distributions to Seller hereunder shall be set forth in such notice), and (B) no interest shall accrue on such Certificate after such Distribution Date.made by check mailed to Seller at Seller's
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Rockford Industries Inc)