Excess Net WAC Rate Reserve Fund. No later than the Closing Date, the Trustee shall establish and maintain with itself a separate, segregated trust account titled, "Excess Net WAC Rate Reserve Fund, Deutsche Bank National Trust Company, as Trustee, in trust for registered Holders of Ameriquest Mortgage Securities Inc. Loan Trust 2002-AR1, Asset-Backed Certificates, Series 2002-AR1." Xx xxxx Xxxxxxxxxxxx Xxxx as to which there is an Excess Group Net WAC Pass- Through Rate Amount or or Excess Mezzanine Net WAC Pass-Through Rate Amount payable to the Class A Certificates or the Class CE Interest, the Trustee has been directed by the Class A Certificateholders to, and therefore will, deposit into the Excess Net WAC Reserve Fund, the Excess Pool Net WAC Pass-Through Rate Amount and the or Excess Mezzanine Net WAC Pass-Through Rate Amount rather than distributing such amounts to the applicable Class A Certificateholders. On each such Distribution Date, the Trustee shall hold all such amounts for the benefit of the Holders of the applicable Class A Certificates or the Class CE Interest, and will distribute such amounts to the Holders of the applicable Class A Certificates and/or the Holders of the Class CE Interest to the extent of the Excess Pool Net WAC Pass-Through Rate Amount and the Excess Mezzanine Net WAC Pass-Through Rate Amount. For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Excess Net WAC Reserve Fund and all amounts deposited into the Excess Net WAC Rate Reserve Fund shall be treated as amounts distributed by REMIC III to the Holders of the Class CE Interest. Upon the termination of the Trust, or the payment in full of the Class A Certificates and the Mezzanine Certificates, all amounts remaining on deposit in the Excess Net WAC Rate Reserve Fund will be released by the Trust and distributed to the Holders of the Class CE Interest. The Excess Net WAC Rate Reserve Fund will be part of the Trust but not part of any Trust REMIC and any payments to the Holders of the Class A Certificates or the Class CE Interest of Excess Group Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). By accepting a Class A Certificate, such Certificateholders hereby agree to direct the Trustee, and the Trustee hereby is directed, to deposit into the Excess Net WAC Rate Reserve Fund the amounts described above on each Distribution Date as to which there is any Excess Pool Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount rather than distributing such amounts to the Class A Certificates or Mezzanine Certificates, as applicable. By accepting a Class A Certificate, each such Certificateholder further agrees that such direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. Amounts on deposit in the Excess Net WAC Rate Reserve Fund shall remain uninvested. 110 For federal tax return and information reporting, the right of the Class A Certificateholders and Holders of the Class CE Interest to receive payments from the Excess Net WAC Rate Reserve Fund in respect of any Excess Pool Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount shall be assigned a value of zero.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Ameriquest Mort Sec Inc Asset BCKD Ps THR Cert Ser 2002-Ar1), Pooling and Servicing Agreement (Ameriquest Mort Sec Inc Asset BCKD Ps THR Cert Ser 2002-Ar1)
Excess Net WAC Rate Reserve Fund. No later than the Closing Date, the The Trustee shall establish and maintain with itself a separatein its name, segregated in trust account titledfor the benefit of the Holders of the Certificates, "the Excess Net WAC Rate Reserve Fund. The Excess Net WAC Rate Reserve Fund shall be an Eligible Account, Deutsche Bank National Trust Companyand funds on deposit therein shall be held separate and apart from, as Trusteeand shall not be commingled with, in trust for registered Holders of Ameriquest Mortgage Securities Inc. Loan Trust 2002-AR1any other moneys, Asset-Backed Certificatesincluding without limitation, Series 2002-AR1." Xx xxxx Xxxxxxxxxxxx Xxxx other moneys held by the Trustee pursuant to this Agreement. On each Distribution Date as to which there is an Excess Group Pool Net WAC Pass- Through Rate Amount or or Excess Mezzanine Net WAC Pass-Through Rate Amount payable to on the Class 1-A, Class 2-A Certificates or the Class CE InterestSubordinate Certificates, the Trustee has been directed by the Class A Certificateholders holders of such Certificates to, and therefore willshall, deposit into the Excess Net WAC Reserve Fund, the Excess Pool Net WAC Pass-Through Rate Amount and the or Excess Mezzanine Net WAC Pass-Through Rate Amount Amount, rather than distributing such amounts to the applicable Class A A-IO Certificateholders. On each such Distribution Date, the Trustee shall hold all such amounts for the benefit of the Holders of the applicable Class 1-A, Class 2-A Certificates or the Class CE InterestSubordinate Certificates, and will shall distribute such amounts to the Holders of the applicable Class 1-A, Class 2-A or Subordinate Certificates and/or the Holders of the Class CE Interest to the extent of the Excess Pool Net WAC Pass-Through Rate Amount and the Excess Mezzanine Net WAC Pass-Through Rate Amount. For federal and state income tax purposes, the Class CE A-IO Certificateholders will be deemed to be the owners of the Excess Net WAC Reserve Fund and all amounts deposited into the The Excess Net WAC Rate Reserve Fund shall be treated as amounts distributed by REMIC III to the Holders of the Class CE Interest. Upon the termination of the Trust, or the payment in full of the Class A Certificates and the Mezzanine Certificates, all amounts remaining on deposit in the Excess Net WAC Rate Reserve Fund will be released by the Trust and distributed to the Holders of the Class CE Interest. The Excess Net WAC Rate Reserve Fund will be part of the Trust Fund but not part of any Trust REMIC and any payments to the Holders of the Class 1-A, Class 2-A or Subordinate Certificates or the Class CE Interest of Excess Group Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). By accepting a Class A A-IO Certificate, such Certificateholders hereby agree to direct the Trustee, and the Trustee hereby is directed, to deposit into the Excess Net WAC Rate Reserve Fund the amounts described above on each Distribution Date as to which there is any Excess Pool Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount rather than distributing such amounts to the Class A Certificates or Mezzanine Certificates, as applicableA-IO Certificateholders. By accepting a Class A A-IO Certificate, each such Certificateholder further agrees that such direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. Amounts on deposit in the Excess Net WAC Rate Reserve Fund shall fund will remain uninvested. 110 For federal tax return and information reporting, the right of the Class 1-A, Class 2-A or Subordinate Certificateholders and Holders of the Class CE Interest to receive payments from the Excess Net WAC Rate Reserve Fund in respect of any Excess Pool Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount shall be assigned a value of zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2004-Ecc2)
Excess Net WAC Rate Reserve Fund. No later than the Closing Date, the Trustee shall establish and maintain with itself a separate, segregated trust account titled, "Excess Net WAC Rate Reserve Fund, Deutsche Bank One, National Trust Company, as TrusteeAssociation, in trust for registered Holders holders of Ameriquest Mortgage ACE Securities Inc. Corp. Home Equity Loan Trust 2002-AR1, Asset-Backed CertificatesTrust, Series 2002-AR1HE2." Xx xxxx Xxxxxxxxxxxx Xxxx On each Distribution Date as to which there is an Excess Group Net WAC Pass- Through Rate Amount or or Excess Mezzanine Net WAC Pass-Through Rate Amount payable to on the Class A Certificates or the Class CE InterestCertificates, the Trustee has been directed by the Class A Certificateholders to, and therefore willshall, deposit into the Excess Net WAC Rate Reserve Fund, the Excess Pool Net WAC Pass-Through Rate Amount and the or Excess Mezzanine Net WAC Pass-Through Rate Amount Amount, rather than distributing such amounts to the applicable Class A Certificateholders. On each such Distribution Date, the Trustee shall hold all such amounts for the benefit of the Holders holders of the applicable Class A Certificates or the Class CE InterestCertificates, and will shall distribute such amounts to the Holders holders of the applicable Class A Certificates and/or the Holders of the Class CE Interest Certificates to the extent of the Excess Pool Net WAC Pass-Through Rate Amount and the Excess Mezzanine Net WAC Pass-Through Rate Amount. For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Excess Net WAC Rate Reserve Fund and all amounts deposited into the Excess Net WAC Rate Reserve Fund shall be treated as amounts distributed by REMIC III to the Holders holders of the Class CE InterestCertificates. Upon the termination of the TrustTrust Fund, or the payment in full of the Class A Certificates and the Mezzanine Certificates, all amounts remaining on deposit in the Excess Net WAC Rate Reserve Fund will shall be released by the Trust Fund and distributed to the Holders of the Class CE InterestCertificateholders or their designees. The Excess Net WAC Rate Reserve Fund will shall be part of the Trust Fund but not part of any Trust REMIC and any payments to the Holders holders of the Class A Certificates or the Class CE Interest Certificates of Excess Group Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). By accepting a Class A Certificate, such Certificateholders hereby agree to direct the Trustee, and the Trustee hereby is directed, to deposit into the Excess Net WAC Rate Reserve Fund the amounts described above on each Distribution Date as to which there is any Excess Pool Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount rather than distributing such amounts to the Class A Certificates or Mezzanine CertificatesCertificateholders, as applicable. By accepting a Class A Certificate, each such Certificateholder further agrees that such direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. Amounts on deposit in the Excess Net WAC Rate Reserve Fund shall will remain uninvested. 110 .. For federal tax return and information reporting, the right of the Class A Certificateholders and Holders of the Class CE Interest Certificates to receive payments from the Excess Net WAC Rate Reserve Fund in respect of any Excess Pool Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount shall be assigned a value of zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ace Securities Corp Home Equity Loan Trust Series 2002-He2)
Excess Net WAC Rate Reserve Fund. No later than the Closing Date, the Trustee shall establish and maintain with itself a separate, segregated trust account titled, "Excess Net WAC Rate Reserve Fund, Deutsche Bank One, National Trust Company, as TrusteeAssociation, in trust for registered Holders holders of Ameriquest Mortgage ACE Securities Inc. Corp. Home Equity Loan Trust 2002-AR1, Asset-Backed CertificatesTrust, Series 2002-AR1HE3." Xx xxxx Xxxxxxxxxxxx Xxxx On each Distribution Date as to which there is an Excess Group Net WAC Pass- Through Rate Amount or or Excess Mezzanine Net WAC Pass-Through Rate Amount payable to on the Class A Certificates or the Class CE InterestCertificates, the Trustee has been directed by the Class A Certificateholders to, and therefore willshall, deposit into the Excess Net WAC Rate Reserve Fund, the Excess Pool Net WAC Pass-Through Rate Amount and the or Excess Mezzanine Net WAC Pass-Through Rate Amount Amount, rather than distributing such amounts to the applicable Class A Certificateholders. On each such Distribution Date, the Trustee shall hold all such amounts for the benefit of the Holders holders of the applicable Class A Certificates or the Class CE InterestCertificates, and will shall distribute such amounts to the Holders holders of the applicable Class A Certificates and/or the Holders of the Class CE Interest Certificates to the extent of the Excess Pool Net WAC Pass-Through Rate Amount and the Excess Mezzanine Net WAC Pass-Through Rate Amount. For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Excess Net WAC Rate Reserve Fund and all amounts deposited into the Excess Net WAC Rate Reserve Fund shall be treated as amounts distributed by REMIC III to the Holders holders of the Class CE InterestCertificates. Upon the termination of the TrustTrust Fund, or the payment in full of the Class A Certificates and the Mezzanine Certificates, all amounts remaining on deposit in the Excess Net WAC Rate Reserve Fund will shall be released by the Trust Fund and distributed to the Holders of the Class CE InterestCertificateholders or their designees. The Excess Net WAC Rate Reserve Fund will shall be part of the Trust Fund but not part of any Trust REMIC and any payments to the Holders holders of the Class A Certificates or the Class CE Interest Certificates of Excess Group Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). By accepting a Class A Certificate, such Certificateholders hereby agree to direct the Trustee, and the Trustee hereby is directed, to deposit into the Excess Net WAC Rate Reserve Fund the amounts described above on each Distribution Date as to which there is any Excess Pool Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount rather than distributing such amounts to the Class A Certificates or Mezzanine CertificatesCertificateholders, as applicable. By accepting a Class A Certificate, each such Certificateholder further agrees that such direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. Amounts on deposit in the Excess Net WAC Rate Reserve Fund shall will remain uninvested. 110 For federal tax return and information reporting, the right of the Class A Certificateholders and Holders of the Class CE Interest Certificates to receive payments from the Excess Net WAC Rate Reserve Fund in respect of any Excess Pool Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount shall be assigned a value of zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ace Securities Corp)
Excess Net WAC Rate Reserve Fund. No later than the Closing Date, the Trustee shall establish and maintain with itself a separate, segregated trust account titled, "Excess Net WAC Rate Reserve Fund, Deutsche Bank National Trust Company, as Trustee, in trust for the registered Holders Certificateholders of Ameriquest Mortgage Securities Inc. Loan Trust 2002-AR1, Asset-Backed CertificatesInc., Series 2002-AR1.C, Class A." Xx xxxx Xxxxxxxxxxxx Xxxx On each Distribution Date as to which there is an Excess Group Net WAC Pass- Through Rate Amount or or Excess Mezzanine Net WAC Pass-Through Rate Amount payable to on the Class A Certificates or the Class CE InterestCertificates, the Trustee has been directed by the Class A Certificateholders to, and therefore willshall, deposit into the Excess Net WAC Rate Reserve Fund, the Excess Pool Group Net WAC Pass-Through Rate Amount and the or Excess Mezzanine Net WAC Pass-Through Rate Amount Amount, rather than distributing such amounts to the applicable Class A Certificateholders. On each such Distribution Date, the Trustee shall hold all such amounts for the benefit of the Holders of the applicable Class A Certificates or the Class CE InterestCertificates, and will shall distribute such amounts to the Holders of the applicable Class A Certificates and/or the Holders of the Class CE Interest Certificates to the extent of the Excess Pool Group Net WAC Pass-Through Rate Amount and the Excess Mezzanine Net WAC Pass-Through Rate Amount. For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Excess Net WAC Rate Reserve Fund and all amounts deposited into the Excess Net WAC Rate Reserve Fund shall be treated as amounts distributed by REMIC III 4 to the Holders of the Class CE InterestCertificates. Upon the termination of the TrustTrust Fund, or the payment in full of the Class A Certificates and the Mezzanine Certificates, all amounts remaining on deposit in the Excess Net WAC Rate Reserve Fund will shall be released by the Trust Fund and distributed to the Holders of the Class CE InterestCertificateholders or their designees. The Excess Net WAC Rate Reserve Fund will shall be part of the Trust Fund but not part of any Trust REMIC and any payments to the Holders of the Class A Certificates or the Class CE Interest Certificates of Excess Group Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). By accepting a Class A Certificate, such Certificateholders hereby agree to direct the Trustee, and the Trustee hereby is directed, to deposit into the Excess Net WAC Rate Reserve Fund the amounts described above on each Distribution Date as to which there is any Excess Pool Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount rather than distributing such amounts to the Class A Certificates or Mezzanine CertificatesCertificateholders, as applicable. By accepting a Class A Certificate, each such Certificateholder further agrees that such direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. Amounts on deposit in the Excess Net WAC Rate Reserve Fund shall will remain uninvested. 110 For federal tax return and information reporting, the right of the Class A Certificateholders and Holders of the Class CE Interest Certificates to receive payments from the Excess Net WAC Rate Reserve Fund in respect of any Excess Pool Net WAC Pass-Through Rate Amount or Excess Mezzanine Group Net WAC Pass-Through Rate Amount shall be assigned a value of zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mort Sec Inc Asset Bk Pass THR Cert Ser 2002-C)
Excess Net WAC Rate Reserve Fund. No later than the Closing Date, the Trustee shall establish and maintain with itself a separate, segregated trust account titled, "Excess Net WAC Rate Reserve Fund, Deutsche Xxxxx Fargo Bank Minnesota, National Trust CompanyAssociation, as Trustee, in trust for registered Holders of Ameriquest Option One Mortgage Securities Inc. Loan Trust 2002-AR15, Asset-Backed Certificates, Series 2002-AR15." Xx xxxx Xxxxxxxxxxxx Xxxx On each Distribution Date as to which there is an a Excess Group Net WAC Pass- Through Rate Amount or or Excess Mezzanine Net WAC Pass-Through Rate Amount payable to the Class A Certificates or the Class CE InterestC Certificates, the Trustee has been directed by the Class A Certificateholders and the 120 Mezzanine Certificateholders to, and therefore will, deposit into the Excess Net WAC Reserve Fund, the Excess Pool Net WAC Pass-Through Rate Amount and the or Excess Mezzanine Net WAC Pass-Through Rate Amount Amount, as applicable, rather than distributing such amounts to the applicable Class A Certificateholders and/or the Mezzanine Certificateholders. On each such Distribution Date, the Trustee shall hold all such amounts for the benefit of the Holders of the applicable Class A Certificates or the Class CE InterestC Certificates, and will distribute such amounts to the Holders of the applicable Class A Certificates and/or the Holders of the Class CE Interest C Certificates to the extent of the Excess Pool Net WAC Pass-Through Rate Amount and the Excess Mezzanine Net WAC Pass-Through Rate Amount. For federal and state income tax purposes, the Class CE C Certificateholders will be deemed to be the owners of the Excess Net WAC Reserve Fund and all amounts deposited into the Excess Net WAC Rate Reserve Fund shall be treated as amounts distributed by REMIC III 3 to the Holders of the Class CE C Interest. Upon the termination of the Trust, or the payment in full of the Class A Certificates, the Mezzanine Certificates and the Mezzanine Class S Certificates, all amounts remaining on deposit in the Excess Net WAC Rate Reserve Fund will be released by the Trust and distributed to the Holders of the Class CE InterestC Certificateholders or their designees. The Excess Net WAC Rate Reserve Fund will be part of the Trust but not part of any Trust REMIC and any payments to the Holders of the Class A Certificates or the Class CE Interest C Certificates of Excess Group Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). By accepting a Class A Certificate or a Mezzanine Certificate, such Certificateholders hereby agree to direct the Trustee, and the Trustee hereby is directed, to deposit into the Excess Net WAC Rate Reserve Fund the amounts described above on each Distribution Date as to which there is any Excess Pool Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount rather than distributing such amounts to the Class A Certificates or Mezzanine CertificatesCertificateholders, as applicable. By accepting a Class A Certificate or a Mezzanine Certificate, each such Certificateholder further agrees that such direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. Amounts on deposit At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining the Excess Net WAC Rate Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Excess Net WAC Rate Reserve Fund is received by the Trustee, the Trustee shall remain uninvestedinvest the funds in such account in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. 110 For federal tax return and information reporting, the right of the Class A Certificateholders and Holders of the Class CE Interest C Certificates to receive payments from the Excess Net WAC Rate 121 Reserve Fund in respect of any Excess Pool Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount shall be assigned a value of zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Option One Mortgage Loan Tr Asset Backed Cert Ser 2002-5)
Excess Net WAC Rate Reserve Fund. (a) No later than the Closing Date, the Trustee Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated trust account titled, "Excess Net WAC Rate Reserve Fund, Deutsche Bank National Trust Company, as Trustee, in trust for registered Holders of Ameriquest Long Beach Mortgage Securities Inc. Loan Trust 2002-AR15, Asset-Backed Certificates, Series 2002-AR15." Xx xxxx Xxxxxxxxxxxx Xxxx The Trustee shall account for the right to receive payments from the Excess Net WAC Rate Reserve Fund as property that the Trustee holds separate and apart from the REMIC Regular Interests. No amount will be deposited into the Excess Net WAC Rate Reserve Fund on the Closing Date.
(b) On each Distribution Date as to which there is an Excess Group Pool Net WAC Pass- Through Rate Amount or or Excess Mezzanine Net WAC Pass-Through Rate Amount payable with respect to the Class A A-1 Certificates or the Class CE InterestA-2 Certificates, the Trustee has been directed by the Holders of such Class A Certificateholders Certificates to, and therefore will, deposit into the Excess Net WAC Rate Reserve Fund, the such Excess Pool Net WAC Pass-Through Rate Amount and the or Excess Mezzanine Net WAC Pass-Through Rate Amount rather than distributing such amounts to the Holders of the applicable Class A Certificateholders. Certificates.
(c) On each Distribution Date as to which there is an Excess Mezzanine Net WAC Rate Amount, the Trustee has been directed by the Holders of the Mezzanine Certificates to, and therefore will, deposit into the Excess Net WAC Rate Reserve Fund, such Excess Mezzanine Net WAC Rate Amount rather than distributing such amounts to the Holders of the Mezzanine Certificates. If the Excess Mezzanine Net WAC Rate Amount is less than the interest otherwise distributable on all the Mezzanine Certificates for such Distribution Date, the Trustee shall reduce the interest payable on the Mezzanine Certificates in the following order: (i) first, the Class M-4A Certificates and the Class M-4B Certificates, pro rata, based on their respective Certificate Principal Balances; (ii) then, the Class M-3 Certificates; (iii) then, the Class M-2 Certificates; and (iv) finally, the Class M-1 Certificates.
(d) On each Distribution Date on which the Trustee deposits funds into the Excess Net WAC Rate Reserve Fund, the Trustee shall hold all such amounts for the benefit of the Holders of the applicable Class A Certificates or the Class CE InterestC Certificates. If on such Distribution Date there is an Excess Group Net WAC Rate Amount with respect to the Class A-1 Certificates or the Class A-2 Certificates, and the Trustee will distribute on such amounts Distribution Date from the Excess Net WAC Rate Reserve Fund to the Holders of the applicable Class A Certificates and/or the Holders of the Class CE Interest an amount equal to the extent of the such Excess Pool Group Net WAC Pass-Through Rate Amount and the Excess Mezzanine Net WAC Pass-Through Rate Amount. For federal and state income tax purposesAlso on such Distribution Date, the Class CE Certificateholders will be deemed to be the owners of the Excess Net WAC Reserve Fund and all amounts deposited into the Excess Net WAC Rate Reserve Fund Trustee shall be treated as amounts distributed by REMIC III to the Holders of the Class CE Interest. Upon the termination of the Trust, or the payment in full of the Class A Certificates and the Mezzanine Certificates, all amounts distribute any amount remaining on deposit in the Excess Net WAC Rate Reserve Fund will be released by after the Trust and distributed distribution in the preceding sentence to the Holders of the Class CE Interest. C Certificates.
(e) The Excess Net WAC Rate Reserve Fund will be part of the Trust but not part of any Trust REMIC. For federal and state income tax purposes, any Excess Pool Net WAC Rate Amount or Excess Mezzanine Net WAC Rate Amount paid into the Excess Net WAC Rate Reserve Fund under paragraphs (b) or (c) will be treated as paid as interest by REMIC 4 to the Holders of the applicable Certificates, and then contributed by such Holders to the Excess Net WAC Rate 125 Reserve Fund. For federal and state income tax purposes, any payments amount paid from the Excess Net WAC Rate Reserve Fund to the Holders of the Class A Certificates or the Class CE Interest of Excess Group Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount C Certificates under paragraph (d) will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). The Holders of the Class C Certificates will be deemed to be the owners of the Excess Net WAC Rate Reserve Fund for federal and state income tax purposes.
(f) By accepting a Class A Certificate or a Mezzanine Certificate, such Certificateholders Certificateholder hereby agree agrees to direct the Trustee, and the Trustee hereby is directed, to deposit into the Excess Net WAC Rate Reserve Fund the amounts described above on each Distribution Date as to which there is any Excess Pool Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount Amount, rather than distributing such amounts to the Class A Certificates or the Mezzanine Certificates, as applicable. By accepting a Class A Certificate or a Mezzanine Certificate, each such Certificateholder further agrees that such direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance.
(g) At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining the Excess Net WAC Rate Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Trustee or an Affiliate manages or advises such investment. Amounts on deposit If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Excess Net WAC Rate Reserve Fund is received by the Trustee, the Trustee shall invest the funds in such account in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. Notwithstanding the foregoing, any funds in the Excess Net WAC Rate Reserve Fund shall remain uninvestedbe invested in Deutsche Bank Cash Management Fund 541 for so long as such investment complies with clause (vi) of the definition of Permitted Investments. 110 All income and gain earned upon such investment shall be deposited into the Excess Net WAC Rate Reserve Fund.
(h) For federal tax return and information reporting, the right of the Class A Certificateholders and Holders of the Class CE Interest A Certificates and the Class C Certificates to receive payments from the Excess Net WAC Rate Reserve Fund in respect of any Excess Pool Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount shall be assigned a value of zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Securities Corp Asset Backed Certs Series 2002-5)
Excess Net WAC Rate Reserve Fund. No later than the Closing Date, the Trustee Trust Administrator shall establish and maintain with itself a separate, segregated trust account titled, "Excess Net WAC Rate Reserve Fund, Deutsche Bank National Trust Company, as agent for U.S. Bank National Association, as Trustee, in trust for registered Holders of Ameriquest Mortgage Securities Inc. Loan Trust 2002-AR1Inc., Asset-Backed Pass-Through Certificates, Series 2002-AR13." Xx xxxx Xxxxxxxxxxxx Xxxx On each Distribution Date as to which there is an Excess Group Net WAC Pass- Through Rate Amount or or Excess Mezzanine Net WAC Pass-Through Rate Amount payable to on the Class A Certificates Certirficates or the Class CE InterestCertificates, the Trustee Trust Administrator has been directed by the Class A Certificateholders to, and therefore willshall, deposit into the Excess Net WAC Reserve Fund, the Excess Pool Net WAC Pass-Through Rate Amount and the or Excess Mezzanine Net WAC Pass-Through Rate Amount Amount, rather than distributing such amounts to the applicable Class A Certificateholders. On each such Distribution Date, the Trustee Trust Administrator shall hold all such amounts for the benefit of the Holders of the applicable Class A Certificates or the Class CE InterestCertificates, and will shall distribute such amounts to the Holders of the applicable Class A Certificates and/or the Holders of the Class CE Interest Certificates to the extent of the Excess Pool Net WAC Pass-Through Rate Amount and the Excess Mezzanine Net WAC Pass-Through Rate Amount. For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Excess Net WAC Reserve Fund and all amounts deposited into the Excess Net WAC Rate Reserve Fund shall be treated as amounts distributed by REMIC III to the Holders of the Class CE InterestCertificates. Upon the termination of the TrustTrust Fund, or the payment in full of the Class A Certificates and the Mezzanine Class S Certificates, all amounts remaining on deposit in the Excess Net WAC Rate Reserve Fund will shall be released by the Trust Fund and distributed to the Holders of the Class CE InterestCertificateholders or their designees. The Excess Net WAC Rate Reserve Fund will shall be part of the Trust Fund but not part of any Trust REMIC and any payments to the Holders of the Class A Certificates or the Class CE Interest Certificates of Excess Group Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount will 120 not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). By accepting a Class A Certificate, such Certificateholders hereby agree to direct the TrusteeTrust Administrator, and the Trustee Trust Administrator hereby is directed, to deposit into the Excess Net WAC Rate Reserve Fund the amounts described above on each Distribution Date as to which there is any Excess Pool Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount rather than distributing such amounts to the Class A Certificates or Mezzanine CertificatesCertificateholders, as applicable. By accepting a Class A Certificate, each such Certificateholder further agrees that such direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. Amounts on deposit in the Excess Net WAC Rate Reserve Fund shall fund will remain uninvested. 110 .. For federal tax return and information reporting, the right of the Class A Certificateholders and Holders of the Class CE Interest Certificates to receive payments from the Excess Net WAC Rate Reserve Fund in respect of any Excess Pool Net WAC Pass-Through Rate Amount or Excess Mezzanine Net WAC Pass-Through Rate Amount shall be assigned a value of zero.. 121
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Asset Backed Pass Through Certificates 2002-3)