Establishment of Spread Account. Deposits in Spread Account; Permitted Withdrawals from Spread Account. (a) No later than the Closing Date, the Trustee will establish with the Spread Account Custodian an Account in accordance with the terms of the Spread Account Agreement (the "Spread Account"). The Spread Account shall be the property of the Spread Account Depositor, subject to the terms hereof and of the Spread Account Agreement, and the funds held therein may be invested in Permitted Instruments. The Spread Account shall not constitute part of the Trust Fund. The Trustee or the Spread Account Custodian, as the case may be, shall, promptly upon receipt, deposit into the Spread Account or, in the case of the Trustee, transfer to the Spread Account Custodian for deposit in the Spread Account: (i) on the Closing Date, the Initial Deposit made by the Spread Account Depositor; (ii) on each Remittance Date, that portion of the Available Funds, if any, required to be deposited into the Spread Account pursuant to Section 6.07(b)(vii) until the Spread Balance equals the then applicable Specified Spread Account Requirement; and (iii) amounts required to be paid by the Servicer pursuant to Section 6.06(e) in connection with losses on investments of amounts in the Spread Account. (b) Amounts on deposit in the Spread Account shall be withdrawn by the Spread Account Custodian and transferred to the Trustee for distribution in the manner set forth in subclause (c) below on each Remittance Date in the following order of priority: (i) to deposit in the Certificate Account an amount by which (a) the sum of the Class A and Class B Interest Distribution Amounts, the Class A and Class B Principal Distribution Amounts and the Class A and Class B Carry Forward Amounts exceeds (b) the Available Funds for such Remittance Date (but excluding from such definition of Available Funds, amounts in the Spread Account); (ii) to deposit in the Certificate Account the amount, if any, required to make the full distribution to the Expense Account pursuant to Section 6.07(b)(v); and (iii) to the extent that the amount then on deposit in the Spread Account after giving effect to all required transfers from the Spread Account to the Certificate Account on such Remittance Date then exceeds the Specified Spread Account Requirement as of such Remittance Date (such excess, a "Spread Account Excess"), an amount equal to such Spread Account Excess shall be distributed by the Spread Account Custodian to the Spread Account Depositor; and also, in no particular order of priority: (iv) to invest amounts on deposit in the Spread Account in Permitted Instruments pursuant to Section 6.06; (v) to withdraw any amount not required to be deposited in the Spread Account or deposited therein in error; and (vi) to clear and terminate the Spread Account upon the termination of this Agreement in accordance with the terms of Section 11.01. (c) Any amounts which are required to be withdrawn from the Spread Account pursuant to paragraph (b) above shall be withdrawn from the Spread Account in the following order of priority: (i) first, from any uninvested funds therein, and (ii) second, from the proceeds of the liquidation of any investments therein pursuant to Section 6.06(b).
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (BLC Financial Services Inc), Pooling and Servicing Agreement (Money Store of New York Inc), Pooling and Servicing Agreement (BLC Financial Services Inc)
Establishment of Spread Account. Deposits in Spread Account; Permitted Withdrawals from Spread Account.
(a) No later than the Closing Date, the Trustee will establish with the Spread Account Custodian an Account in accordance with the terms of the Spread Account Agreement (the "Spread Account"). The Spread Account shall be the property of the Spread Account Depositor, subject to the terms hereof and of the Spread Account Agreement, and the funds held therein may be invested in Permitted Instruments. The Spread Account shall not constitute part of the Trust Fund. The Trustee or the Spread Account Custodian, as the case may be, shall, promptly upon receipt, deposit into the Spread Account or, in the case of the Trustee, transfer to the Spread Account Custodian for deposit in the Spread Account:
(i) on the Closing Date, the Initial Spread Account Deposit made by the Spread Account Depositor;
(ii) on each Remittance Date, that portion of the Available Funds, if any, required to be deposited into the Spread Account pursuant to Section 6.07(b)(vii6.07(b)(iii) until the Spread Account Balance equals the then applicable Specified Spread Account Requirement; and
(iii) amounts required to be paid by the Servicer pursuant to Section 6.06(e) in connection with losses on investments of amounts in the Spread Account.
(b) Amounts on deposit in the Spread Account shall be withdrawn by the Spread Account Custodian and transferred to the Trustee for distribution in the manner set forth in subclause (c) below on each Remittance Date in the following order of priority:
(i) to deposit in the Certificate Account an amount by which (a) the sum of the Class A and Class B Interest Distribution AmountsAmount, the Class A and Class B Principal Distribution Amounts Amount and the Class A and Class B Carry Forward Amounts Amount exceeds (b) the Available Funds for such Remittance Date (but excluding from such definition of Available Funds, amounts in the Spread Account);
(ii) to deposit in the Certificate Account the amount, if any, required to make the full distribution to the Expense Account pursuant to Section 6.07(b)(v); and
(iiiii) to the extent that the amount then on deposit in the Spread Account after giving effect to all required transfers from the Spread Account to the Certificate Account on such Remittance Date then exceeds the Specified Spread Account Requirement as of such Remittance Date (such excess, a "Spread Account Excess"), an amount equal to such Spread Account Excess shall be distributed by the Spread Account Custodian to the Certificate Account to pay interest and principal to the Class B Certificateholders, as payment of the Trustee's fees and expenses, to pay the Servicer up to the Reimbursable Amounts and then to the Spread Account DepositorDepositor in the priority as set forth in Section 6.07(b); and also, in no particular order of priority:
(iviii) to invest amounts on deposit in the Spread Account in Permitted Instruments pursuant to Section 6.06;
(viv) to withdraw any amount not required to be deposited in the Spread Account or deposited therein in error; and
(viv) to clear and terminate the Spread Account upon the termination of this Agreement in accordance with the terms of Section 11.01.
(c) Any amounts which are required to be withdrawn from the Spread Account pursuant to paragraph (b) above shall be withdrawn from the Spread Account in the following order of priority: (i) first, from any uninvested funds therein, and (ii) second, from the proceeds of the liquidation of any investments therein pursuant to Section 6.06(b).
(d) Any amounts which are distributed by the Spread Account Custodian to the Spread Account Depositor pursuant to paragraph (b)(ii) above will not be required to be refunded, regardless of whether there are sufficient funds on a subsequent Remittance Date to make a full distribution to holders of the Certificates on such Remittance Date.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (BLC Financial Services Inc), Pooling and Servicing Agreement (BLC Financial Services Inc)
Establishment of Spread Account. Deposits in Spread Account; Permitted Withdrawals from Spread Account.
(a) No later than the Closing Date, the Indenture Trustee will establish and maintain with itself in its trust department a trust account, which shall not be interest bearing, titled "Spread Account, HSBC Bank USA, as Indenture Trustee for the Spread Account Custodian an Account in accordance with the terms registered holders of the Spread Account Agreement FIB Business Loan Notes, Series 2000-A" (the "Spread Account"). The Spread Account shall be the property constitute part of the Spread Account Depositor, subject to the terms hereof and of the Spread Account AgreementTrust Fund, and the funds held therein may be invested in Permitted Instruments. The Spread Account shall not constitute part On the Closing Date, the Indenture Trustee will make an initial cash deposit from the proceeds of the Trust Fund. The Trustee or sale of the Class A, Class M-1 and Class M-2 Notes into the Spread Account Custodianin an amount equal to $3,900,000. Thereafter, as on each Remittance Date, the case may be, Indenture Trustee shall, promptly upon receipt, deposit into the Spread Account or, in the case of the Trustee, transfer to the Spread Account Custodian for deposit in the Spread Account:
(i) on the Closing Date, the Initial Deposit made by the Spread Account Depositor;
(ii) on each Remittance Date, that portion of the Available Funds, if any, Funds required to be deposited into the Spread Account pursuant to Section 6.07(b)(vii5.07(b)(x) until the Spread Balance equals the then applicable Specified Spread Account Requirement; and
(iiiii) amounts required to be paid by the Servicer pursuant to Section 6.06(e5.06(e) in connection with losses on investments of amounts in the Spread Account.
(b) Amounts on deposit in the Spread Account shall be withdrawn by the Spread Account Custodian and transferred to the Indenture Trustee for distribution in the manner set forth in subclause (c) below on each Remittance Date in the following order of priority:
(i) to deposit in the Certificate Note Distribution Account an amount by which (a) the sum of (i) the Class A A, Class M-1, Class M-2 and Class B Interest Distribution Amounts, (ii) the Class A A, Class M-1, Class M-2 and Class B Principal Distribution Amounts, (iii) the Class M-1, Class M-2 and Class B Carry Forward Interest Amounts and (iv) the Class A A, Class M-1, Class M-2 and Class B Carry Forward Amounts exceeds (b) the Available Funds for such Remittance Date (but excluding from such definition of Available Fundsdefinition, amounts in the Spread Account);
(ii) to deposit in the Certificate Note Distribution Account the amount, if any, required to make the full distribution to the Expense Account pursuant to Section 6.07(b)(v5.07(b)(vii); and
(iii) to the extent that the amount then on deposit in the Spread Account after giving effect to all required transfers from the Spread Account to the Certificate Note Distribution Account on such Remittance Date then exceeds the Specified Spread Account Requirement as of such Remittance Date (such excess, a "Spread Account Excess"), an amount equal to such Spread Account Excess shall be distributed by the Spread Account Custodian first, to make any payments required pursuant to Section 5.07(b)(xi) -- (xviii), in that order, and then, to the Spread Account DepositorHolders of the Certificates; and also, in no particular order of priority:
(iv) to invest amounts on deposit in the Spread Account in Permitted Instruments pursuant to Section 6.065.06;
(v) to withdraw any amount not required to be deposited in the Spread Account or deposited therein in error; and
(vi) to clear and terminate the Spread Account upon the termination of this Agreement in accordance with the terms of Section 11.0110.01.
(c) Any amounts which are required to be withdrawn from the Spread Account pursuant to paragraph (b) above shall be withdrawn from the Spread Account in the following order of priority: (i) first, from any uninvested funds therein, and (ii) second, from the proceeds of the liquidation of any investments therein pursuant to Section 6.06(b5.06(b).
(d) Any amounts which are distributed by the Indenture Trustee to the holders of the Certificates pursuant to paragraph (b) above will not be required to be refunded, regardless of whether there are sufficient funds on a Subsequent Remittance Date to make a full distribution to holders of the Notes on such Remittance Date.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (First International Bancorp Inc), Sale and Servicing Agreement (First International Bancorp Inc)
Establishment of Spread Account. Deposits in Spread Account; Permitted Withdrawals from Spread Account.
(a) No later than the Closing Date, the Trustee will establish and maintain in a non-interest bearing trust account with itself, a Spread Account (and therein, a Letter of Credit Proceeds Sub-Account) which shall be an Eligible Account, titled "EquiCredit Funding Trust 1997-A Spread Account". At the time of the issuance of the Certificates, there shall be deposited in the Spread Account Custodian an Account in accordance with from the terms proceeds of the Spread Account Agreement (the "Spread Account"). The Spread Account shall be the property sale of the Spread Account Depositor, subject Class A Certificates an amount equal to the terms hereof and of the Spread Account Agreement, and the funds held therein may be invested in Permitted Instruments$640,099.00. The Spread Account shall not constitute part be an asset of the Trust FundREMIC. The Trustee or Any deposits in the Letter of Credit Proceeds Sub-Account shall be and hereby are deemed deposits in the Spread Account CustodianAccount. After the time of the issuance of the Certificates, as the case may be, Trustee shall, promptly upon receipt, deposit into the Spread Account or, in the case of the Trustee, transfer to the Spread Account Custodian for deposit in the Spread Accountand retain therein:
(i) on the Closing each Payment Date, the Initial Deposit made Excess Spread with respect to each Mortgage Loan Group remitted by the Servicer pursuant to Section 5.04(i) for deposit into the Collection Account and transferred from the Collection Account by the Trustee pursuant to Section 6.02(ii) and the portion of the Advance allocable to the Excess Spread remitted by the Servicer pursuant to Section 6.08 for deposit into the Collection Account Depositorand transferred by the Trustee pursuant to Section 6.02(ii) for the related Payment Date;
(ii) on each Remittance Dateupon receipt, that portion of the Available Funds, if any, amounts required to be deposited into withdrawn from the Insurance Account for deposit in the Spread Account pursuant to Section 6.07(b)(vii) until the Spread Balance equals the then applicable Specified Spread Account Requirement; and6.03(b)(iv);
(iii) upon receipt, amounts required to be withdrawn from the Letter of Credit Fee Account for deposit in the Spread Account pursuant to Section 6.10(b)(iv);
(iv) upon receipt, amounts required to be paid by the Servicer pursuant to Section 6.06(e6.04(e); and
(v) in connection with losses on investments amounts drawn under any Letter of amounts in Credit pursuant to Section 6.05 or 6.11; provided, however, that the Trustee shall not accept funds for deposit into the Spread AccountAccount from any Person, other than funds constituting Excess Spread, without the consent of the Certificate Insurer.
(b) Amounts From amounts on deposit in the Spread Account shall be withdrawn by the Spread Account Custodian and transferred (after giving effect to the deposits therein pursuant to Section 6.09(a)) the Trustee for distribution in the manner set forth in subclause (c) below shall make withdrawals on each Remittance Payment Date in the following order of priority:
(i) to deposit in the Certificate Insurance Account an the amount by of any insufficiency in such Account which (a) the sum of the Class A and Class B Interest Distribution Amounts, the Class A and Class B Principal Distribution Amounts and the Class A and Class B Carry Forward Amounts exceeds (b) the Available Funds for such Remittance Date (but excluding from such definition of Available Funds, amounts in the Spread AccountServicer failed to advance pursuant to Section 6.03(a);
(ii) to deposit in the Certificate Letter of Credit Fee Account the amount, if any, required amount of any insufficiency in such Account which the Servicer failed to make the full distribution to the Expense Account advance pursuant to Section 6.07(b)(v6.10(a); and, which amount shall not exceed the Letter of Credit Fee Amount;
(iii) to deposit in the extent that Collection Account, an amount (the amount then "Spread Account Amount") equal to the excess of (x) the sum of (A) the Fixed Rate Remittance Amount and (B) the Adjustable Rate Remittance Amount over (y) the Available Payment Amount with respect to both Mortgage Loan Groups, less the amounts withdrawn from the Collection Account with respect to both Mortgage Loan Groups, pursuant to Section 6.02(i) and (iii). Amounts on deposit in the Spread Account after giving effect shall be available to all required transfers from the Spread Account Class A Certificateholders pursuant to the Certificate Account on this clause (iii) without regard to whether such Remittance Date then exceeds the Specified Spread Account Requirement as of such Remittance Date (such excess, a "Spread Account Excess"), an amount equal to such Spread Account Excess shall be distributed by the Spread Account Custodian to the Spread Account Depositor; and also, in no particular order of priority:Certificates are Fixed Rate Certificates or Adjustable Rate Certificates;
(iv) (1) to invest amounts on deposit pay to the related Account Party any Increased LC Costs; provided that payments pursuant to this Section 6.09(b)(iv)(1) shall not exceed $4,000 in the Spread Account in Permitted Instruments pursuant to Section 6.06;
(v) to withdraw any amount not required to be deposited in the Spread Account or deposited therein in erroraggregate; and
(vi) to clear and terminate the Spread Account upon the termination of this Agreement in accordance with the terms of Section 11.01.
(c) Any amounts which are required to be withdrawn from the Spread Account pursuant to paragraph (b) above shall be withdrawn from the Spread Account in the following order of priority: (i) first, from any uninvested funds therein, and (ii) second, from the proceeds of the liquidation of any investments therein pursuant to Section 6.06(b).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Eqcc Asset Backed Corp)
Establishment of Spread Account. Deposits in Spread Account; Permitted ------------------------------------- Withdrawals from Spread Account.. -------------------------------
(a) No later than the Closing Date, the Indenture Trustee will establish and maintain with itself in its trust department a trust account, which shall not be interest bearing, titled "Spread Account, Marine Midland Bank, as Indenture Trustee for the Spread Account Custodian an Account in accordance with the terms registered holders of the Spread Account Agreement FNBNE Business Loan Notes, Series 1998-A" (the "Spread Account"). The Spread Account shall be the property constitute part of the Spread Account Depositor, subject to the terms hereof and of the Spread Account AgreementTrust Fund, and the funds held therein may be invested in Permitted Instruments. The Spread Account shall not constitute part On the Closing Date, the Indenture Trustee will make an initial cash deposit from the proceeds of the Trust Fund. The Trustee or sale of the Class A Notes into the Spread Account Custodianin an amount equal to $4,550,000.00. Thereafter, as on each Remittance Date, the case may be, Indenture Trustee shall, promptly upon receipt, deposit into the Spread Account or, in the case of the Trustee, transfer to the Spread Account Custodian for deposit in the Spread Account:
(i) on the Closing Date, the Initial Deposit made by the Spread Account Depositor;
(ii) on each Remittance Date, that portion of the Available Funds, if any, Funds required to be deposited into the Spread Account pursuant to Section 6.07(b)(vii5.07(b)(xi) until the Spread Balance equals the then applicable Specified Spread Account Requirement; and
(iiiii) amounts required to be paid by the Servicer pursuant to Section 6.06(e5.06(e) in connection with losses on investments of amounts in the Spread Account.
(b) Amounts on deposit in the Spread Account shall be withdrawn by the Spread Account Custodian and transferred to the Indenture Trustee for distribution in the manner set forth in subclause (c) below on each Remittance Date in the following order of priority:
(i) to deposit in the Certificate Note Distribution Account an amount by which (a) the sum of (i) the Class A A, Class M-1 and Class B M-2 Interest Distribution Amounts, (ii) the Class A A, Class M-1 and Class B M-2 Principal Distribution Amounts, (iii) the Class M-1 and Class M-2 Carry Forward Interest Amounts and (iv) the Class A A, Class M-1 and Class B M-2 Carry Forward Amounts exceeds (b) the Available Funds for such Remittance Date (but excluding from such definition of Available Fundsdefinition, amounts in the Spread Account);
(ii) to deposit in the Certificate Note Distribution Account the amount, if any, required to make the full distribution to the Expense Account pursuant to Section 6.07(b)(v5.07(b)(vii); and
(iii) to the extent that the amount then on deposit in the Spread Account after giving effect to all required transfers from the Spread Account to the Certificate Note Distribution Account on such Remittance Date then exceeds the Specified Spread Account Requirement as of such Remittance Date (such excess, a "Spread Account Excess"), an amount equal to such Spread Account Excess shall be distributed by the Spread Account Custodian first, to make any payments required pursuant to Section 5.07(b)(xii) -- (xix), in that order, and then, to the Spread Account DepositorHolders of the Certificates; and also, in no particular order of priority:
(iv) to invest amounts on deposit in the Spread Account in Permitted Instruments pursuant to Section 6.065.06;
(v) to withdraw any amount not required to be deposited in the Spread Account or deposited therein in error; and
(vi) to clear and terminate the Spread Account upon the termination of this Agreement in accordance with the terms of Section 11.0110.01.
(c) Any amounts which are required to be withdrawn from the Spread Account pursuant to paragraph (b) above shall be withdrawn from the Spread Account in the following order of priority: (i) first, from any uninvested ----- funds therein, and (ii) second, from the proceeds of the liquidation of any ------ investments therein pursuant to Section 6.06(b5.06(b).
(d) Any amounts which are distributed by the Indenture Trustee to the holders of the Certificates pursuant to paragraph (b) above will not be required to be refunded, regardless of whether there are sufficient funds on a Subsequent Remittance Date to make a full distribution to holders of the Notes on such Remittance Date.
Appears in 1 contract
Samples: Sale and Servicing Agreement (First International Bancorp Inc)
Establishment of Spread Account. Deposits in Spread Account; Permitted Withdrawals from Spread Account.
(a) No later than the Closing Date, the Trustee will establish and maintain with the itself in its trust department a separate trust account, which shall not be interest bearing, titled "TMS Spread Account Custodian an Account in accordance with the terms of the Spread Account Agreement Account, HIL Series 1998-I" (the "Spread Account"). The Neither the Spread Account nor any amounts deposited in the Spread Account shall be the property of the Spread Account Depositor, subject to the terms hereof and of the Spread Account Agreement, and the funds held therein may be invested in Permitted Instruments. The Spread Account shall not constitute part of the Trust FundFund or assets of REMIC I or REMIC II. The Trustee or owners of the Spread Account Custodianare the Class X Certificateholders and, for Federal income tax purposes, amounts, if any, transferred by the Trust Fund to the Spread Account are treated as distributed by the case may be, Trust Fund to the Class X Certificateholders.
(b) The Trustee shall, promptly upon receipt, deposit into the Spread Account orand retain therein, in all amounts transferred from the case second sub-account of the Trustee, transfer to the Spread Account Custodian for deposit in the Spread Account:
(i) on the Closing Date, the Initial Deposit made by the Spread Account Depositor;
(ii) on each Remittance Date, that portion of the Available Funds, if any, required to be deposited into the Spread Certificate Account pursuant to Section 6.07(b)(vii) until the Spread Balance equals the then applicable Specified Spread Account Requirement; and
(iii) amounts required to be paid by the Servicer pursuant to Section 6.06(e) in connection with losses on investments of amounts in the Spread Account6.08(e)(i).
(b) Amounts on deposit in the Spread Account shall be withdrawn by the Spread Account Custodian and transferred to the Trustee for distribution in the manner set forth in subclause (c) below on each Remittance Date in the following order of priority:
(i) to deposit in the Certificate Account an amount by which (a) the sum of the Class A and Class B Interest Distribution Amounts, the Class A and Class B Principal Distribution Amounts and the Class A and Class B Carry Forward Amounts exceeds (b) the Available Funds for such Remittance Date (but excluding from such definition of Available Funds, amounts in the Spread Account);
(ii) to deposit in the Certificate Account the amount, if any, required to make the full distribution to the Expense Account pursuant to Section 6.07(b)(v); and
(iii) to the extent that the amount then on deposit in the Spread Account after giving effect to all required transfers from the Spread Account to the Certificate Account on such Remittance Date then exceeds the Specified Spread Account Requirement as of such Remittance Date (such excess, a "Spread Account Excess"), an amount equal to such Spread Account Excess shall be distributed by the Spread Account Custodian to the Spread Account Depositor; and also, in no particular order of priority:
(iv) to The Trustee may invest amounts on deposit in the Spread Account in Permitted Instruments pursuant to Section 6.066.07 hereof, and the Trustee, at the direction of the Trust Administrator, shall withdraw amounts on deposit in the Spread Account to:
(i) on each Remittance Date, deposit in the second sub-account of the Certificate Account, the lesser of (x) the amount then on deposit in the Spread Account and (y) the sum of (A) the amounts set forth in Section 6.08(d)(z)(ix), (xi), (xiii), (xv) and (xvii) for such Remittance Date that remain unpaid after allocating amounts credited to the first sub-account of the Certificate Account and amounts credited to the second sub-account of the Certificate Account pursuant to Section 6.14(c)(ii)(x) and (B) the Pool Applied Realized Loss Amount that would exist for such Remittance Date but for the distribution be made pursuant to Section [6.08(e)(iii)];
(vii) to withdraw any amount not required to be deposited in the Spread Account or deposited therein in error; and
(viiii) to clear and terminate the Spread Account upon the termination of this Agreement in accordance with the terms of Section 11.01.
(c) Any amounts which are required to be withdrawn from the Spread Account pursuant to paragraph (b) above shall be withdrawn from the Spread Account in the following order of priority: (i) first, from any uninvested funds therein, and (ii) second, from the proceeds of the liquidation of any investments therein pursuant to Section 6.06(b).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Money Store Home Equity Corp)
Establishment of Spread Account. Deposits in Spread Account; Permitted Withdrawals from Spread Account.
(a) No later than the Closing Date, the Trustee will establish with and maintain for the Spread Account Custodian an Account in accordance with the terms benefit of the Spread Certificateholders and the Certificate Insurer an Eligible Account Agreement (the titled "Spread Account"). , Bankers Trust Company of California, N.A., as trustee for the registered holders of Mortgage Pass-Through Certificates, Series 2000-1, Class A-1, Class A-2 and Class R." The Spread Account shall be the property an "outside reserve fund" under applicable Treasury regulations and will not be part of the Spread Account Depositor, subject to the terms hereof and of the Spread Account Agreement, and the funds held therein may be invested in Permitted InstrumentsREMIC. The Spread Account shall not constitute part of (including any investment earnings thereon) will be owned by the Trust Fund. The Trustee or Class R Certificateholders for federal income tax purposes and amounts transferred from the REMIC to the Spread Account Custodianwill be treated as amounts distributed by the REMIC to the Class R Certificateholders for federal income tax purposes and will be taxable to such Holders. Except as set forth in clause (c) of this Section 6.11, as the case may be, Trustee shall, promptly upon receipt, deposit into the Spread Account or, in the case of the Trustee, transfer to the Spread Account Custodian for deposit in the Spread Accountand retain therein:
(i) on the Closing each Payment Date, the Initial Deposit made Monthly Excess Spread Amount transferred by the Spread Account Depositor;Trustee pursuant to Section 6.06(b)(xii); and
(ii) on each Remittance Dateupon receipt, that portion of the Available Funds, if any, amounts required to be deposited into the Spread Account pursuant to Section 6.07(b)(vii) until the Spread Balance equals the then applicable Specified Spread Account Requirement; and
(iii) amounts required or to be paid by the Master Servicer pursuant to Section 6.06(e6.04(d) and (e) in connection with losses and gains on investments of amounts in the Spread Account.
(b) Amounts on deposit in the Spread Account shall be withdrawn on each Payment Date by the Spread Account Custodian and transferred to the Trustee for distribution in the manner set forth in subclause (c) below on each Remittance Date in the following order of priority:
(i1) to For deposit in the Certificate Account Account, an amount by which equal to the lesser of:
(aA) the sum of the Aggregate Class A and Class B Interest Distribution Amounts, the Class A and Class B Principal Distribution Amounts and the Class A and Class B Carry Forward Amounts exceeds (b) the Available Funds for such Remittance Date (but excluding from such definition of Available Funds, amounts in the Spread Account);
(ii) to deposit in the Certificate Account the amount, if any, required to make the full distribution to the Expense Account pursuant to Section 6.07(b)(v)Shortfall; and
(iiiB) the total amount available to be transferred from the Spread Account, to be applied to the Class A-1 Certificates and Class A-2 Certificates; provided that if the amount of the Aggregate Class A Shortfall exceeds the amount available, such amount shall be applied pro rata to the Class A Certificates in proportion to the amount of the shortfall for each Class; and
(2) to the extent that the amount then on deposit in the Spread Account after giving effect to all required transfers from the Spread Account to the Certificate Account on such Remittance Date then exceeds the Specified Spread Account Requirement as of such Remittance Payment Date (such excess, a "Spread Account Excess"), an amount equal to such Spread Account Excess shall be distributed by the Spread Account Custodian paid to the Spread Account DepositorMaster Servicer and/or the Originator to the extent of any Reimbursable Amounts and the remainder to the Class R Certificateholders; and also, in no particular order of priority:
(ivii) to invest amounts on deposit in the Spread Account in Permitted Instruments Investments pursuant to Section 6.066.04(e);
(viii) to withdraw any amount not required to be deposited in the Spread Account or deposited therein in error; and
(viiv) to clear and terminate the Spread Account upon the termination of this Agreement in accordance with and, upon such termination, to pay the terms of Section 11.01balance, if any, to the Class R Certificateholders.
(c) Any On the Payment Date on which all amounts which are required due have been paid to be withdrawn the Class A Certificateholders including the Certificate Insurer as subrogee of the Class A Certificateholders, and all I&I Payments have been paid to the Certificate Insurer, the Trustee, after making any withdrawals from the Spread Account required pursuant to paragraph (b) above shall be withdrawn from the Spread Account in the following order of priority: preceding paragraph, shall:
(i) firstclear and terminate the Spread Account, from liquidate any investments therein and pay any uninvested funds therein, therein or the proceeds of such liquidation to the Master Servicer and/or the Originator to the extent of any Reimbursable Amounts and the remainder to the Class R Certificateholders;
(ii) second, from the proceeds pay future receipts of the liquidation Excess Spread to the Master Servicer and/or the Originator to the extent of any investments therein pursuant Reimbursable Amounts and the remainder to Section 6.06(b)the Class R Certificateholders.
(d) The Spread Account may be terminated and other assets substituted therefor including mortgage loans such as the Mortgage Loans, at any time, with the prior written approval of the Certificate Insurer, and upon written confirmation from S&P and Moody's that such termination and substitution will not result in a xxxxxxade of the current ratings of the Class A Certificates without giving effect to the Certificate Insurance Policy.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Residential Asset Funding Corp)
Establishment of Spread Account. Deposits in Spread Account; Permitted Withdrawals from Spread Account.
(a) No later than the Closing Date, the Indenture Trustee will establish and maintain with itself in its trust department a trust account, which shall not be interest bearing, titled "Spread Account, HSBC Bank USA, as Indenture Trustee for the Spread Account Custodian an Account in accordance with the terms registered holders of the Spread Account Agreement BLC Funding Notes" (the "Spread Account"). The Spread Account shall be If on any Determination Date the property of Subordination Percentage is less than the Spread Account DepositorMinimum Subordination Percentage, subject to the terms hereof and of the Spread Account Agreement, and the funds held therein may be invested in Permitted Instruments. The Spread Account shall not constitute part of the Trust Fund. The Indenture Trustee or the Spread Account Custodian, as the case may be, shall, promptly upon receipt, deposit into in the Spread Account or, in the case of amounts transferred from the Trustee, transfer to the Spread Account Custodian for deposit in the Spread Account:
(i) on the Closing Date, the Initial Deposit made by the Spread Account Depositor;
(ii) on each Remittance Date, that portion of the Available Funds, if any, required to be deposited into the Spread Note Distribution Account pursuant to Section 6.07(b)(vii) until the Spread Balance equals the then applicable Specified Spread Account Requirement; and
(iii) amounts required to be paid by the Servicer pursuant to Section 6.06(e) in connection with losses on investments of amounts in the Spread Account5.07(b)(vi).
(b) Amounts on deposit in the Spread Account shall be withdrawn by the Spread Account Custodian and transferred to the Indenture Trustee for distribution in the manner set forth in subclause (c) below on each Remittance Date in the following order of priority:
(i) to deposit in the Certificate Note Distribution Account an amount by which (a) for a principal payment on the sum of the Class A and Class B Interest Distribution Amounts, the Class A and Class B Principal Distribution Amounts and the Class A and Class B Carry Forward Amounts exceeds (b) the Available Funds for such Remittance Date (but excluding from such definition of Available Funds, amounts Notes in the Spread Account);
(ii) to deposit in the Certificate Account the amount, if any, required needed to make increase the full distribution Subordination Percentage to the Expense Account pursuant to Section 6.07(b)(v)Minimum Subordination Percentage; and
(iiiii) During the Revolving Period, to the extent that the amount then on deposit in Subordination Percentage equals or exceeds the Spread Account Minimum Subordination Percentage after giving effect to all required transfers from the Spread Account to the Certificate Note Distribution Account on such Remittance Date then exceeds Date, the Specified Spread Account Requirement as remainder of such Remittance Date (such excess, a "Spread Account Excess"), an amount equal to such Spread Account Excess shall be distributed by the amounts on deposit in the Spread Account Custodian shall be, by Issuer Request (x) transferred to the Spread Funding Account, (y) transferred to the Note Distribution Account Depositoror (z) transferred to the Certificate Account; and also, in no particular order of priority:
(iviii) to invest amounts on deposit in the Spread Account in Permitted Instruments pursuant to Section 6.065.06;
(viv) to withdraw any amount not required to be deposited in the Spread Account or deposited therein in error; and
(viv) to clear and terminate the Spread Account upon the termination of this Agreement in accordance with the terms of Section 11.0110.01.
(c) Any amounts which are required to be withdrawn from the Spread Account pursuant to paragraph (b) above shall be withdrawn from the Spread Account in the following order of priority: (i) first, from any uninvested funds therein, and (ii) second, from the proceeds of the liquidation of any investments therein pursuant to Section 6.06(b).
Appears in 1 contract
Samples: Sale and Servicing Agreement (BLC Financial Services Inc)
Establishment of Spread Account. Deposits in Spread Account; Permitted Withdrawals from Spread Account.
(a) No later than the Closing Date, the Indenture Trustee will establish and maintain with itself in its trust department a trust account, which shall not be interest bearing, titled "Spread Account, HSBC Bank USA, as Indenture Trustee for the Spread Account Custodian an Account in accordance with the terms registered holders of the Spread Account Agreement FIB Business Loan Notes, Series 1999-A" (the "Spread Account"). The Spread Account shall be the property constitute part of the Spread Account Depositor, subject to the terms hereof and of the Spread Account AgreementTrust Fund, and the funds held therein may be invested in Permitted Instruments. The Spread Account shall not constitute part On the Closing Date, the Indenture Trustee will make an initial cash deposit from the proceeds of the Trust Fund. The Trustee or sale of the Class A, Class M-1 and Class M-2 Notes into the Spread Account Custodianin an amount equal to $3,900,000. Thereafter, as on each Remittance Date, the case may be, Indenture Trustee shall, promptly upon receipt, deposit into the Spread Account or, in the case of the Trustee, transfer to the Spread Account Custodian for deposit in the Spread Account:
(i) on the Closing Date, the Initial Deposit made by the Spread Account Depositor;
(ii) on each Remittance Date, that portion of the Available Funds, if any, Funds required to be deposited into the Spread Account pursuant to Section 6.07(b)(vii5.07(b)(x) until the Spread Balance equals the then applicable Specified Spread Account Requirement; and
(iiiii) amounts required to be paid by the Servicer pursuant to Section 6.06(e5.06(e) in connection with losses on investments of amounts in the Spread Account.
(b) Amounts on deposit in the Spread Account shall be withdrawn by the Spread Account Custodian and transferred to the Indenture Trustee for distribution in the manner set forth in subclause (c) below on each Remittance Date in the following order of priority:
(i) to deposit in the Certificate Note Distribution Account an amount by which (a) the sum of (i) the Class A A, Class M-1 and Class B M-2 Interest Distribution Amounts, (ii) the Class A A, Class M-1 and Class B M-2 Principal Distribution Amounts, (iii) the Class M-1 and Class M-2 Carry Forward Interest Amounts and (iv) the Class A A, Class M-1 and Class B M-2 Carry Forward Amounts exceeds (b) the Available Funds for such Remittance Date (but excluding from such definition of Available Fundsdefinition, amounts in the Spread Account);
(ii) to deposit in the Certificate Note Distribution Account the amount, if any, required to make the full distribution to the Expense Account pursuant to Section 6.07(b)(v5.07(b)(vii); and
(iii) to the extent that the amount then on deposit in the Spread Account after giving effect to all required transfers from the Spread Account to the Certificate Account on such Remittance Date then exceeds the Specified Spread Account Requirement as of such Remittance Date (such excess, a "Spread Account Excess"), an amount equal to such Spread Account Excess shall be distributed by the Spread Account Custodian to the Spread Account Depositor; and and also, in no particular order of priority:
(iv) to invest amounts on deposit in the Spread Account in Permitted Instruments pursuant to Section 6.06;
(v) to withdraw any amount not required to be deposited in the Spread Account or deposited therein in error; and
(vi) to clear and terminate the Spread Account upon the termination of this Agreement in accordance with the terms of Section 11.01.
(c) Any amounts which are required to be withdrawn from the Spread Account pursuant to paragraph (b) above shall be withdrawn from the Spread Account in the following order of priority: (i) first, from any uninvested funds therein, and (ii) second, from the proceeds of the liquidation of any investments therein pursuant to Section 6.06(b).
Appears in 1 contract
Samples: Sale and Servicing Agreement (First International Bancorp Inc)
Establishment of Spread Account. Deposits in Spread Account; Permitted Withdrawals from Spread Account.
(a) No later than the Closing Date, the Indenture Trustee will establish and maintain with itself in its trust department a trust account, which shall not be interest bearing, titled "Spread Account, HSBC Bank USA, as Indenture Trustee for the Spread Account Custodian an Account in accordance with the terms registered holders of the Spread Account Agreement First International Bank SBA Loan-Backed Notes, Series 2000-2" (the "Spread Account"). The Spread Account shall be the property of the Spread Account Depositor, subject to the terms hereof and of the Spread Account Agreement, and the funds held therein may be invested in Permitted Instruments. The Spread Account shall not constitute part of the Trust Fund. The Indenture Trustee or the Spread Account Custodian, as the case may be, shall, promptly upon receipt, deposit into the Spread Account or, in the case of the Trustee, transfer to the Spread Account Custodian for deposit in the Spread Account:
(i) on the Closing Date, the Initial Deposit made by the Spread Account Depositor[Reserved];
(ii) on each Remittance Date, that portion of the Available Funds, if any, required to be deposited into the Spread Account pursuant to Section 6.07(b)(vii5.07(b)(vii) until the Spread Account Balance equals the then applicable Specified Spread Account Requirement; and
(iii) amounts required to be paid by the Servicer pursuant to Section 6.06(e5.06(e) in connection with losses on investments of amounts in the Spread Account.
(b) Amounts on deposit in the Spread Account shall be withdrawn by the Spread Account Custodian and transferred to the Indenture Trustee for distribution in the manner set forth in subclause (c) below on each Remittance Date in the following order of priority:
(i) to deposit in the Certificate Note Distribution Account an amount by which (a) the sum of the Class A and Class B Interest Distribution AmountsAmount and the Class M Interest Distribution Amount, the Class A and Class B Principal Distribution Amounts for the Class A Notes and Class M Notes and the Class A and Class B Carry Forward Amounts for the Class A Notes and Class M Notes exceeds (b) the Available Funds for such Remittance Date (but excluding from such definition of Available Funds, amounts in the Spread Account);
(ii) to deposit in the Certificate Note Distribution Account the amount, if any, required to make the full distribution to the Expense Account pursuant to Section 6.07(b)(v5.07(b)(vi); and
(iii) to the extent that the amount then on deposit in the Spread Account after giving effect to all required transfers from the Spread Account to the Certificate Account on such Remittance Date then exceeds the Specified Spread Account Requirement as of such Remittance Date (such excess, a "Spread Account Excess"), an amount equal to such Spread Account Excess shall be distributed by the Spread Account Custodian to the Spread Account Depositor; and also, in no particular order of priority:
(iv) to invest amounts on deposit in the Spread Account in Permitted Instruments pursuant to Section 6.06;
(v) to withdraw any amount not required to be deposited in the Spread Account or deposited therein in error; and
(vi) to clear and terminate the Spread Account upon the termination of this Agreement in accordance with the terms of Section 11.01.
(c) Any amounts which are required to be withdrawn from the Spread Account pursuant to paragraph (b) above shall be withdrawn from the Spread Account in the following order of priority: (i) first, from any uninvested funds therein, and (ii) second, from the proceeds of the liquidation of any investments therein pursuant to Section 6.06(b).
Appears in 1 contract
Samples: Sale and Servicing Agreement (First International Bancorp Inc)
Establishment of Spread Account. Deposits in Spread --------------------------------------------------- Account; Permitted Withdrawals from Spread Account.. --------------------------------------------------
(a) No later than the Closing Date, the Trustee will establish with the Spread Account Custodian an Account in accordance with the terms of the Spread Account Agreement (the "Spread Account"). The Spread Account shall be the property of the Spread Account Depositor, subject to the terms hereof and of the Spread Account Agreement, and the funds held therein may be invested in Permitted Instruments. The Spread Account shall not constitute part of the Trust Fund. The Trustee or the Spread Account Custodian, as the case may be, shall, promptly upon receipt, deposit into the Spread Account or, in the case of the Trustee, transfer to the Spread Account Custodian for deposit in the Spread Account:
(i) on the Closing Date, the Initial Spread Account Deposit made by the Spread Account Depositor;
(ii) on each Remittance Date, that portion of the Available Funds, if any, required to be deposited into the Spread Account pursuant to Section 6.07(b)(vii6.07(b)(vi) until the Spread Account Balance equals the then applicable Specified Spread Account Requirement; and
(iii) amounts required to be paid by the Servicer pursuant to Section 6.06(e) in connection with losses on investments of amounts in the Spread Account.
(b) Amounts on deposit in the Spread Account shall be withdrawn by the Spread Account Custodian and transferred to the Trustee for distribution in the manner set forth in subclause (c) below on each Remittance Date in the following order of priority:
(i) to deposit in the Certificate Account an amount by which (a) the sum of the Class A and Class B Interest Distribution Amounts, the Class A and Class B Principal Distribution Amounts and the Class A and Class B Carry Forward Amounts exceeds (b) the Available Funds for such Remittance Date (but excluding from such definition of Available Funds, amounts in the Spread Account);
(ii) to deposit in the Certificate Account the amount, if any, required to make the full distribution to the Expense Account pursuant to Section 6.07(b)(v); and
(iii) to the extent that the amount then on deposit in the Spread Account after giving effect to all required transfers from the Spread Account to the Certificate Account on such Remittance Date then exceeds the Specified Spread Account Requirement as of such Remittance Date (such excess, a "Spread Account Excess"), an amount equal to such Spread Account Excess shall be distributed by the Spread Account Custodian to the Spread Account Depositor; and also, in no particular order of priority:
(iv) to invest amounts on deposit in the Spread Account in Permitted Instruments pursuant to Section 6.06;
(v) to withdraw any amount not required to be deposited in the Spread Account or deposited therein in error; and
(vi) to clear and terminate the Spread Account upon the termination of this Agreement in accordance with the terms of Section 11.01.
(c) Any amounts which are required to be withdrawn from the Spread Account pursuant to paragraph (b) above shall be withdrawn from the Spread Account in the following order of priority: (i) first, from any uninvested ----- funds therein, and (ii) second, from the proceeds of the liquidation of any ------ investments therein pursuant to Section 6.06(b).
(d) Any amounts which are distributed by the Spread Account Custodian to the Spread Account Depositor pursuant to paragraph (b) above will not be required to be refunded, regardless of whether there are sufficient funds on a subsequent Remittance Date to make a full distribution to holders of the Certificates on such Remittance Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First International Bancorp Inc)