Common use of Effect of Payments by the Certificate Insurer Clause in Contracts

Effect of Payments by the Certificate Insurer. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on the Class AF-2, Class AF-4 or Class AF-5 Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy shall not (other than for purposes of the REMIC Provisions) be considered payment of the Class AF-2, Class AF-4 or Class AF-5 Certificates from the Trust Fund. The Custodian, the Servicer, the Servicing Administrator, the Securities Administrator and the Trustee acknowledge, and each Holder by its acceptance of a Class AF-2, Class AF-4 or Class AF-5 Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the Custodian, the Servicer, the Servicing Administrator, the Securities Administrator or the Trustee (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Class AF-2, Class AF-4 or Class AF-5 Certificates to the Holders of such Certificates, the Certificate Insurer will be fully subrogated to, and each Class AF-2, Class AF-4 and Class AF-5 Certificateholder, as applicable, the Servicer and the Trustee hereby delegate and assign to the Certificate Insurer, to the fullest extent permitted by law, the rights of such Holders to receive such principal and interest from the Trust Fund, including, without limitation, any amounts due to the Class AF-2, Class AF-4 or Class AF-5 Certificateholders in respect of securities law violations arising from the offer and sale of the Class AF-2, Class AF-4 or Class AF-5 Certificates, as applicable, and (b) the Certificate Insurer shall be paid such amounts from the sources and in the manner provided herein for the payment of such amounts and as provided in the Certificate Insurance Policy and the Commitment Letter between the Certificate Insurer, the Depositor and the Seller dated as of October 17, 2005. The Trustee, the Securities Administrator, the Servicing Administrator and the Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders as otherwise set forth herein.

Effect of Payments by the Certificate Insurer. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on the Class AF-2, Class AF-4 or Class AF-5 A Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy shall not (other than for purposes of the REMIC Provisions) be considered payment of the Class AF-2, Class AF-4 or Class AF-5 A Certificates from the Trust Fund. The Custodian, the ServicerServicers, the Servicing AdministratorMaster Servicer, the Securities Administrator and the Trustee acknowledge, and each Holder by its acceptance of a Class AF-2, Class AF-4 or Class AF-5 A Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the Custodian, the ServicerServicers, the Servicing AdministratorMaster Servicer, the Securities Administrator or the Trustee (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Class AF-2, Class AF-4 or Class AF-5 A Certificates to the Holders of such Class A Certificates, the Certificate Insurer will be fully subrogated to, and each Class AF-2, Class AF-4 and Class AF-5 A Certificateholder, as applicable, the Servicer and the Trustee hereby delegate and assign to the Certificate Insurer, to the fullest extent permitted by law, the rights of such Holders to receive such principal and interest from the Trust Fund, including, without limitation, any amounts due to the Class AF-2, Class AF-4 or Class AF-5 A Certificateholders in respect of securities law violations arising from the offer and sale of the Class AF-2, Class AF-4 or Class AF-5 A Certificates, as applicable, and (b) the Certificate Insurer shall be paid such amounts from the sources and in the manner provided herein for the payment of such amounts and as provided in the Certificate Insurance Policy and the Commitment Letter between the Certificate Insurer, the Depositor and the Seller dated as of October 17September 27, 20052004. The Trustee, the Securities Administrator, the Servicing Administrator Master Servicer and the Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders as otherwise set forth herein.

Effect of Payments by the Certificate Insurer. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on the Class AF-2, Class AF-4 or Class AF-5 Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy shall not (other than for purposes of the REMIC Provisions) be considered payment of the Class AF-2, Class AF-4 or Class AF-5 Certificates from the Trust Fund. The Custodian, the Servicer, the Servicing Administrator, the Securities Administrator and the Trustee acknowledge, and each Holder by its acceptance of a Class AF-2, Class AF-4 or Class AF-5 Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the Custodian, the Servicer, the Servicing Administrator, the Securities Administrator or the Trustee (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Class AF-2, Class AF-4 or Class AF-5 Certificates to the Holders of such Certificates, the Certificate Insurer will be fully subrogated to, and each Class AF-2, Class AF-4 and Class AF-5 Certificateholder, as applicable, the Servicer and the Trustee hereby delegate and assign to the Certificate Insurer, to the fullest extent permitted by law, the rights of such Holders to receive such principal and interest from the Trust Fund, including, without limitation, any amounts due to the Class AF-2, Class AF-4 or Class AF-5 Certificateholders in respect of securities law violations arising from the offer and sale of the Class AF-2, Class AF-4 or Class AF-5 Certificates, as applicable, and (b) the Certificate Insurer shall be paid such amounts from the sources and in the manner provided herein for the payment of such amounts and as provided in the Certificate Insurance Policy and the Commitment Letter between the Certificate Insurer, the Depositor and the Seller dated as of October 17September 9, 2005. The Trustee, the Securities Administrator, the Servicing Administrator and the Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders as otherwise set forth herein.

Effect of Payments by the Certificate Insurer. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on the Class AF-2, Class AF-4 or Class AF-5 AF-2 Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy shall not (other than for purposes of the REMIC Provisions) be considered payment of the Class AF-2, Class AF-4 or Class AF-5 AF-2 Certificates from the Trust Fund. The Custodian, the Servicer, the Servicing Administrator, the Securities Administrator and the Trustee acknowledge, and each Holder by its acceptance of a Class AF-2, Class AF-4 or Class AF-5 AF-2 Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the Custodian, the Servicer, the Servicing Administrator, the Securities Administrator or the Trustee (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Class AF-2, Class AF-4 or Class AF-5 AF-2 Certificates to the Holders of such Class AF-2 Certificates, the Certificate Insurer will be fully subrogated to, and each Class AF-2, Class AF-4 and Class AF-5 AF-2 Certificateholder, as applicable, the Servicer and the Trustee hereby delegate and assign to the Certificate Insurer, to the fullest extent permitted by law, the rights of such Holders to receive such principal and interest from the Trust Fund, including, without limitation, any amounts due to the Class AF-2, Class AF-4 or Class AF-5 AF-2 Certificateholders in respect of securities law violations arising from the offer and sale of the Class AF-2, Class AF-4 or Class AF-5 AF-2 Certificates, as applicable, and (b) the Certificate Insurer shall be paid such amounts from the sources and in the manner provided herein for the payment of such amounts and as provided in the Certificate Insurance Policy and the Commitment Letter between the Certificate Insurer, the Depositor and the Seller dated as of October 17August 29, 2005. The Trustee, the Securities Administrator, the Servicing Administrator and the Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders as otherwise set forth herein.