Common use of Early Termination Fund Clause in Contracts

Early Termination Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class X Certificates, the Early Termination Fund. The Early Termination Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. (b) On the Closing Date, $1,000 will be deposited by the Depositor into the Early Termination Fund. On each Distribution Date, the Trustee shall transfer from the Distribution Account to the Early Termination Fund pursuant to Section 4.01(a)(3)(xxv) any amount required to be deposited therein. Amounts on deposit in the Early Termination Fund can be withdrawn by the Trustee and paid to the Counterparty to the extent of any Termination Payments or Carryover Termination Payments owed by the Trust to the Counterparty resulting solely from a default of the Trust under the Yield Maintenance Agreement where the Trust is the sole affected party. (c) Funds in the Early Termination Fund may be invested in Permitted Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Early Termination Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Early Termination Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by REMIC V to the Early Termination Fund as distributions to the Class X Certificateholder for all Federal tax purposes. In the absence of such written direction, all funds in the Early Termination Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Permitted Investments made pursuant to the Section 4.07(c) (other than as obligor on such investments). Upon termination of the Trust Fund, any amounts remaining in the Early Termination Fund shall be distributed to the Holders of the Class X Certificates. (d) On the Distribution Date immediately after the Distribution Date on which the Yield Maintenance Agreement is terminated, any amounts on deposit in the Early Termination Fund not payable to the Counterparty shall be distributed to the Holders of the Class X Certificates.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Asset Backed Sec Corp Home Equity Loan Trust Series 2003 He7), Pooling and Servicing Agreement (Asset Backed Sec Corp Home Equity Loan Trust Series 2003 He7), Pooling and Servicing Agreement (Asset Backed Pass Through Certificates Series 2003-He6)

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Early Termination Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class X Certificates, the Early Termination Fund. The Early Termination Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. (b) On the Closing Date, $1,000 will be deposited by the Depositor into the Early Termination Fund. On each Distribution Date, the Trustee shall transfer from the Distribution Account to the Early Termination Fund pursuant to Section 4.01(a)(3)(xxv4.01(a)(3)(xxix) any amount required to be deposited therein. Amounts on deposit in the Early Termination Fund can be withdrawn by the Trustee and paid to the Counterparty to the extent of any Termination Payments or Carryover Termination Payments owed by the Trust to the Counterparty resulting solely from a default of the Trust under the a Yield Maintenance Agreement where the Trust is the sole affected party or the defaulting party. (c) Funds in the Early Termination Fund may be invested in Permitted Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Early Termination Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Early Termination Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC V to the Early Termination Fund as distributions to the Class X Certificateholder for all Federal tax purposes. In the absence of such written direction, all funds in the Early Termination Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Permitted Investments made pursuant to the Section 4.07(c) (other than as obligor on such investments). Upon termination of the Trust Fund, any amounts remaining in the Early Termination Fund shall be distributed to the Holders of the Class X Certificates. (d) On the Distribution Date immediately after the Distribution Date on which all of the Yield Maintenance Agreement is Agreements are terminated, any amounts on deposit in the Early Termination Fund not payable to the Counterparty shall be distributed to the Holders of the Class X Certificates.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Asset Backed Pass-Through Certificates, Series 2004-He5), Pooling and Servicing Agreement (Asset Backed Pass-Through Certificates, Series 2004-He5), Pooling and Servicing Agreement (Asset Backed Pass-Through Certificates, Series 2004-He9)

Early Termination Fund. (a) On the Closing Date, the Trustee Master Servicer shall establish and maintain in its name, in trust for the benefit of the Holders of the Class X Certificates, the Early Termination Fund. The Early Termination Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee Master Servicer pursuant to this Agreement. (b) On the Closing Date, $1,000 will be deposited by the Depositor into the Early Termination Fund. On each Distribution Date, the Trustee Master Servicer shall transfer from the Distribution Account to the Early Termination Fund pursuant to Section 4.01(a)(3)(xxv4.01(a)(3)(xxix) any amount required to be deposited therein. Amounts on deposit in the Early Termination Fund can be withdrawn by the Trustee Master Servicer and paid to the Counterparty to the extent of any Termination Payments or Carryover Termination Payments owed by the Trust to the Counterparty resulting solely from a default of the Trust under the a Yield Maintenance Agreement where the Trust is the sole affected party or the defaulting party. (c) Funds in the Early Termination Fund may be invested in Permitted Investments by the Trustee Master Servicer at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee Master Servicer shall account for the Early Termination Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Early Termination Fund for federal tax purposes and the Holders thereof shall direct the Trustee Master Servicer in writing as to the investment of amounts therein. The Trustee Master Servicer shall treat amounts transferred by the Master REMIC V to the Early Termination Fund as distributions to the Class X Certificateholder for all Federal tax purposes. In the absence of such written direction, all funds in the Early Termination Fund shall remain uninvested. The Trustee Master Servicer shall have no liability for losses on investments in Permitted Investments made pursuant to the Section 4.07(c) (other than as obligor on such investments). Upon termination of the Trust Fund, any amounts remaining in the Early Termination Fund shall be distributed to the Holders of the Class X Certificates. (d) On the Distribution Date immediately after the Distribution Date on which all of the Yield Maintenance Agreement is Agreements are terminated, any amounts on deposit in the Early Termination Fund not payable to the Counterparty shall be distributed to the Holders of the Class X Certificates.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Asset Backed Pass-Through Certificates, Series 2004-He6), Pooling and Servicing Agreement (Asset Backed Pass-Through Certificates, Series 2004-He8)

Early Termination Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class X Certificates, the Early Termination Fund. The Early Termination Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. (b) On the Closing Date, $1,000 will be deposited by the Depositor into the Early Termination Fund. On each Distribution Date, the Trustee shall transfer from the Distribution Account to the Early Termination Fund pursuant to Section 4.01(a)(3)(xxv4.01(a)(3)(xl) any amount required to be deposited therein. Amounts on deposit in the Early Termination Fund can be withdrawn by the Trustee and paid to the Counterparty to the extent of any Termination Payments or Carryover Termination Payments owed by the Trust to the Counterparty resulting solely from a default of the Trust under the a Yield Maintenance Agreement where the Trust is the sole affected party or the defaulting party. (c) Funds in the Early Termination Fund may be invested in Permitted Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Early Termination Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Early Termination Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC V to the Early Termination Fund as distributions to the Class X Certificateholder for all Federal tax purposes. In the absence of such written direction, all funds in the Early Termination Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Permitted Investments made pursuant to the Section 4.07(c) (other than as obligor on such investments). Upon termination of the Trust Fund, any amounts remaining in the Early Termination Fund shall be distributed to the Holders of the Class X Certificates. (d) On the Distribution Date immediately after the Distribution Date on which the Yield Maintenance Agreement is Agreements are terminated, any amounts on deposit in the Early Termination Fund not payable to the Counterparty shall be distributed to the Holders of the Class X Certificates.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp), Pooling and Servicing Agreement (Asset Backed Securities Corp)

Early Termination Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class X Certificates, the Early Termination Fund. The Early Termination Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. (b) On the Closing Date, $1,000 will be deposited by the Depositor into the Early Termination Fund. On each Distribution Date, the Trustee shall transfer from the Distribution Account to the Early Termination Fund pursuant to Section 4.01(a)(3)(xxv4.01(a)(3)(xxii) any amount required to be deposited therein. Amounts on deposit in the Early Termination Fund can be withdrawn by the Trustee and paid to the Counterparty to the extent of any Termination Payments or Carryover Termination Payments owed by the Trust to the Counterparty resulting solely from a default of the Trust under the Yield Maintenance Agreement where the Trust is the sole affected party. (c) Funds in the Early Termination Fund may be invested in Permitted Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Early Termination Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Early Termination Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by REMIC V VII to the Early Termination Fund as distributions to the Class X Certificateholder for all Federal tax purposes. In the absence of such written direction, all funds in the Early Termination Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Permitted Eligible Investments made pursuant to the Section 4.07(c) (other than as obligor on such investments). Upon termination of the Trust Fund, any amounts remaining in the Early Termination Fund shall be distributed to the Holders of the Class X Certificates. (d) On the Distribution Date immediately after the Distribution Date on which the Yield Maintenance Agreement is terminated, any amounts on deposit in the Early Termination Fund not payable to the Counterparty shall be distributed to the Holders of the Class X Certificates.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Asset Backed Sec Corp Home Equity Ln Tr Ser 2003he4), Pooling and Servicing Agreement (Home Equity Loan Trust Series 2003-He3)

Early Termination Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class X Certificates, the Early Termination Fund. The Early Termination Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. (b) On the Closing Date, $1,000 will be deposited by the Depositor into the Early Termination Fund. On each Distribution Date, the Trustee shall transfer from the Distribution Account to the Early Termination Fund pursuant to Section 4.01(a)(3)(xxv4.01(a)(3)(xvi) any amount required to be deposited therein. Amounts on deposit in the Early Termination Fund can be withdrawn by the Trustee and paid to the Counterparty to the extent of any Termination Payments or Carryover Termination Payments owed by the Trust to the Counterparty resulting solely from a default of the Trust under the Yield Maintenance Agreement where the Trust is the sole affected party. (c) Funds in the Early Termination Fund may be invested in Permitted Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Early Termination Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Early Termination Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC V to the Early Termination Fund as distributions to the Class X Certificateholder for all Federal tax purposes. In the absence of such written direction, all funds in the Early Termination Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Permitted Eligible Investments made pursuant to the Section 4.07(c) (other than as obligor on such investments). Upon termination of the Trust Fund, any amounts remaining in the Early Termination Fund shall be distributed to the Holders of the Class X Certificates. (d) On the Distribution Date immediately after the Distribution Date on which the Yield Maintenance Agreement is terminated, any amounts on deposit in the Early Termination Fund not payable to the Counterparty shall be distributed to the Holders of the Class X Certificates.. 101

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp)

Early Termination Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class X Certificates, the Early Termination Fund. The Early Termination Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. (b) On the Closing Date, $1,000 will be deposited by the Depositor into the Early Termination Fund. On each Distribution Date, the Trustee shall transfer from the Distribution Account to the Early Termination Fund pursuant to Section 4.01(a)(3)(xxv4.01(a)(3)(xvi) any amount required to be deposited therein. Amounts on deposit in the Early Termination Fund can be withdrawn by the Trustee and paid to the Counterparty to the extent of any Termination Payments or Carryover Termination Payments owed by the Trust to the Counterparty resulting solely from a default of the Trust under the Yield Maintenance Agreement where the Trust is the sole affected party. (c) Funds in the Early Termination Fund may be invested in Permitted Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Early Termination Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Early Termination Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by REMIC V to the Early Termination Fund as distributions to the Class X Certificateholder for all Federal tax purposes. In the absence of such written direction, all funds in the Early Termination Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Permitted Eligible Investments made pursuant to the Section 4.07(c) (other than as obligor on such investments). Upon termination of the Trust Fund, any amounts remaining in the Early Termination Fund shall be distributed to the Holders of the Class X Certificates. (d) On the Distribution Date immediately after the Distribution Date on which the Yield Maintenance Agreement is terminated, any amounts on deposit in the Early Termination Fund not payable to the Counterparty shall be distributed to the Holders of the Class X Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Pass Through Certificates Series 2002 He2)

Early Termination Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class X Certificates, the Early Termination Fund. The Early Termination Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. (b) On the Closing Date, $1,000 will be deposited by the Depositor into the Early Termination Fund. On each Distribution Date, the Trustee shall transfer from the Distribution Account to the Early Termination Fund pursuant to Section 4.01(a)(3)(xxv4.01(a)(3)(xxxv) any amount required to be deposited therein. Amounts on deposit in the Early Termination Fund can be withdrawn by the Trustee and paid to the Counterparty to the extent of any Termination Payments or Carryover Termination Payments owed by the Trust to the Counterparty resulting solely from a default of the Trust under the a Yield Maintenance Agreement where the Trust is the sole affected party or the defaulting party. (c) Funds in the Early Termination Fund may be invested in Permitted Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Early Termination Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Early Termination Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC V to the Early Termination Fund as distributions to the Class X Certificateholder for all Federal tax purposes. In the absence of such written direction, all funds in the Early Termination Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Permitted Investments made pursuant to the Section 4.07(c) (other than as obligor on such investments). Upon termination of the Trust Fund, any amounts remaining in the Early Termination Fund shall be distributed to the Holders of the Class X Certificates. (d) On the Distribution Date immediately after the Distribution Date on which all of the Yield Maintenance Agreement is Agreements are terminated, any amounts on deposit in the Early Termination Fund not payable to the Counterparty shall be distributed to the Holders of the Class X Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Pass-Through Certificates, Series 2004-He7)

Early Termination Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class X Certificates, the Early Termination Fund. The Early Termination Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. (b) On the Closing Date, $1,000 will be deposited by the Depositor into the Early Termination Fund. On each Distribution Date, the Trustee shall transfer from the Distribution Account to the Early Termination Fund pursuant to Section 4.01(a)(3)(xxv4.01(a)(3)(xl) any amount required to be deposited therein. Amounts on deposit in the Early Termination Fund can be withdrawn by the Trustee and paid to the Counterparty to the extent of any Termination Payments or Carryover Termination Payments owed by the Trust to the Counterparty resulting solely from a default of the Trust under the a Yield Maintenance Agreement where the Trust is the sole affected party or the defaulting party. (c) Funds in the Early Termination Fund may be invested in Permitted Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Early Termination Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Early Termination Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC V to the Early Termination Fund as distributions to the Class X Certificateholder for all Federal tax purposes. In the absence of such written direction, all funds in the Early Termination Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Permitted Investments made pursuant to the Section 4.07(c) (other than as obligor on such investments). Upon termination of the Trust Fund, any amounts remaining in the Early Termination Fund shall be distributed to the Holders of the Class X Certificates. (d) On the Distribution Date immediately after the Distribution Date on which all of the Yield Maintenance Agreement is Agreements are terminated, any amounts on deposit in the Early Termination Fund not payable to the Counterparty shall be distributed to the Holders of the Class X Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Pass-Through Certificates, Series 2005-He1)

Early Termination Fund. (a) On the Closing Date, the Trustee Master Servicer shall establish and maintain in its name, in trust for the benefit of the Holders of the Class X Certificates, the Early Termination Fund. The Early Termination Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee Master Servicer pursuant to this Agreement. (b) On the Closing Date, $1,000 will be deposited by the Depositor into the Early Termination Fund. On each Distribution Date, the Trustee Master Servicer shall transfer from the Distribution Account to the Early Termination Fund pursuant to Section 4.01(a)(3)(xxv4.01(a)(3)(xxix) any amount required to be deposited therein. Amounts on deposit in the Early Termination Fund can be withdrawn by the Trustee Master Servicer and paid to the Cap Counterparty to the extent of any Termination Payments or Carryover Termination Payments owed by the Trust to the Cap Counterparty resulting solely from a default of the Trust under the a Yield Maintenance Agreement where the Trust is the sole affected party or the defaulting party. (c) Funds in the Early Termination Fund may be invested in Permitted Investments by the Trustee Master Servicer at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee Master Servicer shall account for the Early Termination Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Early Termination Fund for federal tax purposes and the Holders thereof shall direct the Trustee Master Servicer in writing as to the investment of amounts therein. The Trustee Master Servicer shall treat amounts transferred by the Master REMIC V to the Early Termination Fund as distributions to the Class X Certificateholder for all Federal tax purposes. In the absence of such written direction, all funds in the Early Termination Fund shall remain uninvested. The Trustee Master Servicer shall have no liability for losses on investments in Permitted Investments made pursuant to the Section 4.07(c) (other than as obligor on such investments). Upon termination of the Trust Fund, any amounts remaining in the Early Termination Fund shall be distributed to the Holders of the Class X Certificates. (d) On the Distribution Date immediately after the Distribution Date on which all of the Yield Maintenance Agreement is Agreements are terminated, any amounts on deposit in the Early Termination Fund not payable to the Cap Counterparty shall be distributed to the Holders of the Class X Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp)

Early Termination Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class X Certificates, the Early Termination Fund. The Early Termination Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. (b) On the Closing Date, $1,000 will be deposited by the Depositor into the Early Termination Fund. On each Distribution Date, the Trustee shall transfer from the Distribution Account to the Early Termination Fund pursuant to Section 4.01(a)(3)(xxv4.01(a)(3)(xxx) any amount required to be deposited therein. Amounts on deposit in the Early Termination Fund can be withdrawn by the Trustee and paid to the Counterparty to the extent of any Termination Payments or Carryover Termination Payments owed by the Trust to the Counterparty resulting solely from a default of the Trust under the Yield Maintenance Agreement where the Trust is the sole affected party or the defaulting party. (c) Funds in the Early Termination Fund may be invested in Permitted Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Early Termination Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Early Termination Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC V to the Early Termination Fund as distributions to the Class X Certificateholder for all Federal tax purposes. In the absence of such written direction, all funds in the Early Termination Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Permitted Investments made pursuant to the Section 4.07(c) (other than as obligor on such investments). Upon termination of the Trust Fund, any amounts remaining in the Early Termination Fund shall be distributed to the Holders of the Class X Certificates. (d) On the Distribution Date immediately after the Distribution Date on which the Yield Maintenance Agreement is terminated, any amounts on deposit in the Early Termination Fund not payable to the Counterparty shall be distributed to the Holders of the Class X Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Pass-Through Certificates, Series 2005-He2)

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Early Termination Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class X Certificates, the Early Termination Fund. The Early Termination Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. (b) On the Closing Date, $1,000 will be deposited by the Depositor into the Early Termination Fund. On each Distribution Date, the Trustee shall transfer from the Distribution Account to the Early Termination Fund pursuant to Section 4.01(a)(3)(xxv4.01(a)(3)(xxii) any amount required to be deposited therein. Amounts on deposit in the Early Termination Fund can be withdrawn by the Trustee and paid to the Counterparty to the extent of any Termination Payments or Carryover Termination Payments owed by the Trust to the Counterparty resulting solely from a default of the Trust under the Yield Maintenance Agreement where the Trust is the sole affected party. (c) Funds in the Early Termination Fund may be invested in Permitted Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Early Termination Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Early Termination Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by REMIC V to the Early Termination Fund as distributions to the Class X Certificateholder for all Federal tax purposes. In the absence of such written direction, all funds in the Early Termination Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Permitted Eligible Investments made pursuant to the Section 4.07(c) (other than as obligor on such investments). Upon termination of the Trust Fund, any amounts remaining in the Early Termination Fund shall be distributed to the Holders of the Class X Certificates. (d) On the Distribution Date immediately after the Distribution Date on which the Yield Maintenance Agreement is terminated, any amounts on deposit in the Early Termination Fund not payable to the Counterparty shall be distributed to the Holders of the Class X Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp)

Early Termination Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class X Certificates, the Early Termination Fund. The Early Termination Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. (b) On the Closing Date, $1,000 will be deposited by the Depositor into the Early Termination Fund. On each Distribution Date, the Trustee shall transfer from the Distribution Account to the Early Termination Fund pursuant to Section 4.01(a)(3)(xxv4.01(a)(3)(xxiii) any amount required to be deposited therein. Amounts on deposit in the Early Termination Fund can be withdrawn by the Trustee and paid to the Counterparty to the extent of any Termination Payments or Carryover Termination Payments owed by the Trust to the Counterparty resulting solely from a default of the Trust under the Yield Maintenance Agreement where the Trust is the sole affected party. (c) Funds in the Early Termination Fund may be invested in Permitted Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Early Termination Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Early Termination Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by REMIC V VII to the Early Termination Fund as distributions to the Class X Certificateholder for all Federal tax purposes. In the absence of such written direction, all funds in the Early Termination Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Permitted Eligible Investments made pursuant to the Section 4.07(c) (other than as obligor on such investments). Upon termination of the Trust Fund, any amounts remaining in the Early Termination Fund shall be distributed to the Holders of the Class X Certificates. (d) On the Distribution Date immediately after the Distribution Date on which the Yield Maintenance Agreement is terminated, any amounts on deposit in the Early Termination Fund not payable to the Counterparty shall be distributed to the Holders of the Class X Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Equity Loan Trust Series 2003-He2)

Early Termination Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class X Certificates, the Early Termination Fund. The Early Termination Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. (b) On the Closing Date, $1,000 will be deposited by the Depositor into the Early Termination Fund. On each Distribution Date, the Trustee shall transfer from the Distribution Account to the Early Termination Fund pursuant to Section 4.01(a)(3)(xxv4.01(a)(3)(xix) any amount required to be deposited therein. Amounts on deposit in the Early Termination Fund can be withdrawn by the Trustee and paid to the Counterparty to the extent of any Termination Payments or Carryover Termination Payments owed by the Trust to the Counterparty resulting solely from a default of the Trust under the Yield Maintenance Agreement where the Trust is the sole affected party. (c) Funds in the Early Termination Fund may be invested in Permitted Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Early Termination Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Early Termination Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by REMIC V to the Early Termination Fund as distributions to the Class X Certificateholder for all Federal tax purposes. In the absence of such written direction, all funds in the Early Termination Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Permitted Eligible Investments made pursuant to the Section 4.07(c) (other than as obligor on such investments). Upon termination of the Trust Fund, any amounts remaining in the Early Termination Fund shall be distributed to the Holders of the Class X Certificates. (d) On the Distribution Date immediately after the Distribution Date on which the Yield Maintenance Agreement is terminated, any amounts on deposit in the Early Termination Fund not payable to the Counterparty shall be distributed to the Holders of the Class X Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Sec Corp Home Equ Loan Tr Ser 2003-He1)

Early Termination Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class X Certificates, the Early Termination Fund. The Early Termination Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. (b) On the Closing Date, $1,000 will be deposited by the Depositor into the Early Termination Fund. On each Distribution Date, the Trustee shall transfer from the Distribution Account to the Early Termination Fund pursuant to Section 4.01(a)(3)(xxv4.01(a)(3)(xli) any amount required to be deposited therein. Amounts on deposit in the Early Termination Fund can be withdrawn by the Trustee and paid to the Counterparty to the extent of any Termination Payments or Carryover Termination Payments owed by the Trust to the Counterparty resulting solely from a default of the Trust under the a Yield Maintenance Agreement where the Trust is the sole affected party or the defaulting party. (c) Funds in the Early Termination Fund may be invested in Permitted Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Early Termination Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Early Termination Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC V to the Early Termination Fund as distributions to the Class X Certificateholder for all Federal tax purposes. In the absence of such written direction, all funds in the Early Termination Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Permitted Investments made pursuant to the Section 4.07(c) (other than as obligor on such investments). Upon termination of the Trust Fund, any amounts remaining in the Early Termination Fund shall be distributed to the Holders of the Class X Certificates. (d) On the Distribution Date immediately after the Distribution Date on which the Yield Maintenance Agreement is Agreements are terminated, any amounts on deposit in the Early Termination Fund not payable to the Counterparty shall be distributed to the Holders of the Class X Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp)

Early Termination Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class X Certificates, the Early Termination Fund. The Early Termination Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. (b) On the Closing Date, $1,000 will be deposited by the Depositor into the Early Termination Fund. On each Distribution Date, the Trustee shall transfer from the Distribution Account to the Early Termination Fund pursuant to Section 4.01(a)(3)(xxv4.01(a)(3)(xxvi) any amount required to be deposited therein. Amounts on deposit in the Early Termination Fund can be withdrawn by the Trustee and paid to the Counterparty to the extent of any Termination Payments or Carryover Termination Payments owed by the Trust to the Counterparty resulting solely from a default of the Trust under the Yield Maintenance Agreement where the Trust is the sole affected party or the defaulting party. (c) Funds in the Early Termination Fund may be invested in Permitted Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Early Termination Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Early Termination Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC V to the Early Termination Fund as distributions to the Class X Certificateholder for all Federal tax purposes. In the absence of such written direction, all funds in the Early Termination Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Permitted Investments made pursuant to the Section 4.07(c) (other than as obligor on such investments). Upon termination of the Trust Fund, any amounts remaining in the Early Termination Fund shall be distributed to the Holders of the Class X Certificates. (d) On the Distribution Date immediately after the Distribution Date on which the Yield Maintenance Agreement is terminated, any amounts on deposit in the Early Termination Fund not payable to the Counterparty shall be distributed to the Holders of the Class X Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Sec Corp Asset Back Pass-THR Certs Ser 2004-He2)

Early Termination Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class X Certificates, the Early Termination Fund. The Early Termination Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. (b) On the Closing Date, $1,000 will be deposited by the Depositor into the Early Termination Fund. On each Distribution Date, the Trustee shall transfer from the Distribution Account to the Early Termination Fund pursuant to Section 4.01(a)(3)(xxv4.01(a)(3)(xxix) any amount required to be deposited therein. Amounts on deposit in the Early Termination Fund can be withdrawn by the Trustee and paid to the Counterparty to the extent of any Termination Payments or Carryover Termination Payments owed by the Trust to the Counterparty resulting solely from a default of the Trust under the a Yield Maintenance Agreement where the Trust is the sole affected party or the defaulting party. (c) Funds in the Early Termination Fund may be invested in Permitted Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Early Termination Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Early Termination Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by Master REMIC V to the Early Termination Fund as distributions to the Class X Certificateholder for all Federal tax purposes. In the absence of such written direction, all funds in the Early Termination Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Permitted Investments made pursuant to the Section 4.07(c) (other than as obligor on such investments). Upon termination of the Trust Fund, any amounts remaining in the Early Termination Fund shall be distributed to the Holders of the Class X Certificates. (d) On the Distribution Date immediately after the Distribution Date on which all of the Yield Maintenance Agreement is Agreements are terminated, any amounts on deposit in the Early Termination Fund not payable to the Counterparty shall be distributed to the Holders of the Class X Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Back Pass-Through Certificates, Series 2004-He3)

Early Termination Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class X Certificates, the Early Termination Fund. The Early Termination Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. (b) On the Closing Date, $1,000 will be deposited by the Depositor into the Early Termination Fund. On each Distribution Date, the Trustee shall transfer from the Distribution Account to the Early Termination Fund pursuant to Section 4.01(a)(3)(xxv4.01(a)(xii)(b) any amount required to be deposited therein. Amounts on deposit in the Early Termination Fund can be withdrawn by the Trustee and paid to the Counterparty Cap Provider to the extent of any Termination Payments or Carryover Termination Payments owed by the Trust to the Counterparty Cap Provider resulting solely from a default of the Trust under the Yield Maintenance Agreement Cap Agreement) where the Trust is the sole affected party. (c) Funds in the Early Termination Fund may be invested in Permitted Eligible Investments by the Trustee at the direction of the holders of the Class X Certificates maturing on or prior to the next succeeding Distribution Date. Any net investment earnings on such amounts shall be payable to the holders of the Class X Certificates. The Trustee shall account for the Early Termination Fund as an outside reserve fund within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement. The Class X Certificates shall evidence ownership of the Early Termination Fund for federal tax purposes and the Holders thereof shall direct the Trustee in writing as to the investment of amounts therein. The Trustee shall treat amounts transferred by the Master REMIC V to the Early Termination Fund as distributions to the Class X Certificateholder for all Federal tax purposes. In the absence of such written direction, all funds in the Early Termination Fund shall remain uninvested. The Trustee shall have no liability for losses on investments in Permitted Eligible Investments made pursuant to the Section 4.07(c) (other than as obligor on such investments). Upon termination of the Trust Fund, any amounts remaining in the Early Termination Fund shall be distributed to the Holders of the Class X Certificates. (d) On the Distribution Date immediately after the Distribution Date on which the Yield Maintenance Cap Agreement is terminated, any amounts on deposit in the Early Termination Fund not payable to the Counterparty Cap Provider shall be distributed to the Holders of the Class X Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Sec Corp Home Equity Loan Trust Series 2001 He3)

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