Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a). (b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following: (i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11; (ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments; (iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and (iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02. (c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He4), Pooling and Servicing Agreement (GSAMP Trust 2006-He7)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and any Interest Rate Corridor Payment and to secure their limited recourse obligation to pay to the LIBOR Offered Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Securities Administrator shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payment and any Interest Rate Corridor Payment for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Offered Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(F), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(E)) and (y) the aggregate Basis Risk Carry Forward Amount Amounts of the Offered Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account amounts necessary (including Interest Rate Corridor Payments) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(G)-(H). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred by the Upper-Tier REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Securities Administrator to the Class X Certificateholders in respect of the Class X Interest and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Offered Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Offered Certificates. In addition, the Securities Administrator shall account for the Offered Certificateholders' rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of the Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments distributions from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.01(a) and Section 4.01(a)(iii)(G)-(I).
(b) The Securities Administrator shall establish and maintain the Distribution Account in the name of the Securities Administrator, as paying agent, on behalf of the Trustee and Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Master Seller's Warranties and Servicing Agreement; and
(ivii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remittedremitted pursuant to the Master Seller's Warranties and Servicing Agreement, such Servicer it may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Administrator which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02Sections 4.01 or 6.03.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 3 contracts
Samples: Trust Agreement (GSAA Home Equity Trust 2005-3), Trust Agreement (GSAA Home Equity Trust 2005-3), Trust Agreement (GSAA Home Equity Trust 2005-3)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap ReceiptsReceipt Amounts). On each Distribution Date, the Securities Administrator shall deposit the amount of any Basis Risk Payment received by it for such date into the Excess Reserve Fund Account. For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Principal Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(d), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(a)-(c)) and (y) the aggregate Basis Risk Carry Forward Amount of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account and the Supplemental Interest Account amounts necessary (including Net Swap Payment Amounts or Swap Termination Payments (other than amounts received pursuant to an ISDA Credit Support Annex negotiated between the Trust and the Swap Provider)) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(e). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred to the Excess Reserve Fund Account shall be treated as distributions by the Securities Administrator from the Upper-Tier REMIC to the Class X Interest and from the Class X REMIC to the Class X Certificates and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Tax Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Principal Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR CertificatesPrincipal Certificates in accordance with the priority of payments in this Section 3.01. In addition, the Securities Administrator shall account for the Principal Certificateholders’ rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of the Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments distributions from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.01(a).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The amount remitted by the Servicer to the Master Servicer on each Remittance Date shall be credited to the Distribution Account within two (2) Business Days once the amounts are identified as a remittance in connection with the Trust and reconciled to the reports provided by the Servicer. The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Master Servicer shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer the Servicers to the Securities Administrator Master Servicer pursuant to Section 3.11the Servicing Agreements;
(ii) any amount deposited by such Servicer Net Swap Receipt Amounts or Swap Termination Payments (other than amounts received pursuant to Section 3.12(ban ISDA Credit Support Annex negotiated between the Trust and the Swap Provider) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Swap Provider; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable any Servicer shall remit any amount not required to be remittedremitted pursuant to the applicable Servicing Agreement, and such Servicer may at any time direct directs the Securities Administrator Master Servicer in writing to withdraw such amount from the Distribution Account, any provision herein the Master Servicer shall return such funds to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Accountapplicable Servicer. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.024.01.
(c) In order From time to comply with its duties under the USA Patriot Act of 2001time, the Securities Administrator shall obtain and verify certain information and documentation from may also establish any other accounts for the other parties to this Agreement purposes of carrying out its duties hereunder (including, but not limited towithout limitation, each such party's name, address, and other identifying information. To help fight any account necessary under the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be providedInterest Rate Swap Agreements).
Appears in 3 contracts
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2007-7), Master Servicing and Trust Agreement (GSAA Home Equity Trust 2007-7), Master Servicing and Trust Agreement (GSAA Home Equity Trust 2007-7)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(K), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K4.02(a)(iii)(A)-(J) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts Payment or any Defaulted Swap Termination Payment) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.02(a)(iii)(L). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities AdministratorTrustee, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such the Servicer to the Securities Administrator Trustee in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities AdministratorTrustee, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-He4), Pooling and Servicing Agreement (GSAMP Trust 2005-He5), Pooling and Servicing Agreement (GSAMP Trust 2005-He4)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(J), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K4.02(a)(iii)(A)-(I) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts Payment or any Defaulted Swap Termination Payment) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.02(a)(iii)(K). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities AdministratorTrustee, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and and, without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such the Servicer to the Securities Administrator Trustee in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities AdministratorTrustee, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (FFMLT Trust 2005-Ff8), Pooling and Servicing Agreement (FFMLT Trust 2005-Ff11), Pooling and Servicing Agreement (FFMLT Trust 2005-Ff8)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Securities Administrator shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payment for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(E), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(D)) and (y) the aggregate Basis Risk Carry Forward Amount Amounts of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.01(a)(iii)(F)-(H). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred by the Upper-Tier REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Securities Administrator to the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Principal Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Principal Certificates. In addition, the Securities Administrator shall account for the Principal Certificateholders' rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of the Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments distributions from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.01(a).
(b) The Securities Administrator Master Servicer shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Master Servicer shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer the Servicers to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Master Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Servicing Agreements; and
(ivii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable any Servicer shall remit any amount not required to be remittedremitted pursuant to the applicable Servicing Agreement, and such Servicer may at any time direct directs the Securities Administrator Master Servicer in writing to withdraw such amount from the Distribution Account, any provision herein the Master Servicer shall return such funds to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Accountapplicable Servicer. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.024.01.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 2 contracts
Samples: Master Servicing and Trust Agreement (Gsaa Home Equity Trust 2004-8), Master Servicing and Trust Agreement (Gsaa Home Equity Trust 2004-8)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap ReceiptsReceipt Amounts). On each Distribution Date, the Securities Administrator shall deposit the amount of any Basis Risk Payment received by it for such date into the Excess Reserve Fund Account. For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(e), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(a)-(d)) and (y) the aggregate Basis Risk Carry Forward Amount of the LIBOR Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account and the Supplemental Interest Account amounts necessary (including Net Swap Payment Amounts or Swap Termination Payments (other than amounts received pursuant to an ISDA Credit Support Annex negotiated between the Trust and the Swap Provider)) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a4.01(a)(iii)(e).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 2 contracts
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-16), Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-14)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap ReceiptsReceipts or Cap Payments). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and and, without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) ), subject to the obligation to pay Class IO Shortfalls, as rights in and obligations under a separate limited recourse interest rate cap notional principal contract written by between the Class X Certificateholders in favor of and Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such the Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank the Trustee will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank The Trustee will ask for the name, address, tax identification number and other information that will allow Deutsche Bank the Trustee to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank The Trustee may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-Fm1), Pooling and Servicing Agreement (GSAMP Trust 2007-Fm2)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and any Interest Rate Corridor Payment and to secure their limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Securities Administrator shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payment and any Interest Rate Corridor Payment received by it for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(L), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(L)) and (y) the aggregate Basis Risk Carry Forward Amount of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account amounts necessary (including Interest Rate Corridor Payments) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred to the Excess Reserve Fund Account shall be treated as distributions by the Securities Administrator from the Class X REMIC to the Class X Certificates and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Principal Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR CertificatesPrincipal Certificates in accordance with the priority of payments in this Section 3.01. In addition, the Securities Administrator shall account for the Principal Certificateholders' rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of the Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments distributions from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.01(a).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The amount remitted by the Servicer to the Master Servicer on each Remittance Date shall be credited to the Distribution Account within two (2) Business Days once the amounts are identified as a remittance in connection with the Trust and reconciled to the reports provided by the Servicer. The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Master Servicer shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer the Servicers to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Master Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Servicing Agreements; and
(ivii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable any Servicer shall remit any amount not required to be remittedremitted pursuant to the applicable Servicing Agreement, and such Servicer may at any time direct directs the Securities Administrator Master Servicer in writing to withdraw such amount from the Distribution Account, any provision herein the Master Servicer shall return such funds to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Accountapplicable Servicer. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.024.01.
(c) In order From time to comply with its duties under the USA Patriot Act of 2001time, the Securities Administrator shall obtain and verify certain information and documentation from the may also establish any other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask accounts for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles purposes of incorporation, an offering memorandum, or other identifying documents to be providedcarrying out its duties hereunder.
Appears in 2 contracts
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-10), Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-15)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and secure their limited recourse obligation to pay to the LIBOR Offered Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Trustee shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payment for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Offered Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(E), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(D)) and (y) the aggregate Basis Risk Carry Forward Amount Amounts of the Offered Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes on a pro rata basis based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution4.01(a)(iii)(F) hereof. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners owner of the Excess Reserve Fund Account are is the Class X CertificateholdersCertificateholder. For all federal income tax purposes, amounts transferred by the Upper Tier REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Trustee to the Class X Certificateholder. Any Basis Risk Carry Forward Amounts distributed paid by the Securities Administrator Trustee to the LIBOR Offered Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities AdministratorTrustee, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates Certificate (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Offered Certificates. In addition, the Securities Administrator Trustee shall account for the Offered Certificateholders' rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Classthe Offered Certificateholders. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.01(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Sale and Servicing Agreement; and
(ivii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remittedremitted pursuant to the Sale and Servicing Agreement, such Servicer it may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02Sections 4.01 or 6.03.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 2 contracts
Samples: Trust Agreement (Gs Mortgage Securities Corp Mort Pas THR Cert Se 2002 Wf), Trust Agreement (Gs Mortgage Securities Corp Mort Pas THR Cert Se 2002 Wf)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Paymentthereof) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities AdministratorTrustee, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer the Servicers to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such Servicer the Servicers pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer the Servicers to the Securities Administrator Trustee in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer Servicers shall remit any amount not required to be remitted, such Servicer the Servicers may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities AdministratorTrustee, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2005-Ff2), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2005-Ff2)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank the Trustee will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank The Trustee will ask for the name, address, tax identification number and other information that will allow Deutsche Bank the Trustee to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank The Trustee may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-Nc2), Pooling and Servicing Agreement (GS Mortgage Securities Corp GSAMP Trust 2004-Nc2)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payment and any Interest Rate Corridor Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority priorities set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(M)-(N). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred by the Class X REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Trustee, for federal income tax purposes, in respect of the Class X Regular Interest from the Class X REMIC to the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (as recipient of 100% of amounts payable in respect of the Class X Regular Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such the Servicer to the Securities Administrator Trustee in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer it may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-Wmc1), Pooling and Servicing Agreement (GSAMP Trust 2005-Wmc1)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Securities Administrator shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payment for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(E), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(D)) and (y) the aggregate Basis Risk Carry Forward Amount Amounts of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.01(a)(iii)(F). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred by the Upper-Tier REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Securities Administrator to the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Principal Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Principal Certificates. In addition, the Securities Administrator shall account for the Principal Certificateholders' rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of the Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments distributions from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.01(a).
(b) The Securities Administrator Master Servicer shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Master Servicer shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer the Servicers to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Master Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Servicing Agreements; and
(ivii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable any Servicer shall remit any amount not required to be remittedremitted pursuant to the applicable Servicing Agreement, and such Servicer may at any time direct directs the Securities Administrator Master Servicer in writing to withdraw such amount from the Distribution Account, any provision herein the Master Servicer shall return such funds to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Accountapplicable Servicer. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.024.01.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 2 contracts
Samples: Master Servicing and Trust Agreement (GS Mortgage GSAA Home Eq. Trust 2004-7), Master Servicing and Trust Agreement (GS Mortgage GSAA Home Eq. Trust 2004-7)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Principal Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Principal Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(H), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K4.02(a)(iii)(A)-(G) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Paymentthereof) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Principal Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.02(a)(iii)(I). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Principal Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities AdministratorTrustee, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Principal Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Principal Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such the Servicer to the Securities Administrator Trustee in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities AdministratorTrustee, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Gsamp Trust 2005-He2), Pooling and Servicing Agreement (Gsamp Trust 2005-He2)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap ReceiptsReceipt Amounts). On each Distribution Date, the Securities Administrator shall deposit the amount of any Basis Risk Payment received by it for such date into the Excess Reserve Fund Account. For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(L), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(K)) and (y) the aggregate Basis Risk Carry Forward Amount of the LIBOR Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account and the Supplemental Interest Account amounts necessary (including Net Swap Payment Amounts or Swap Termination Payments (other than amounts received pursuant to an ISDA Credit Support Annex negotiated between the Trust and the Swap Provider)) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(L). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper-Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for treated as distributions by the Securities Administrator, for federal income tax purposes, as amounts paid first Administrator to the Holders of the Class X Certificates (Certificateholders in respect of the Class X Interest) Interest and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written contributed by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a)Account.
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 2 contracts
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-3), Pooling and Servicing Agreement (GSAA Home Equity Trust 2006-3)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payment and any Interest Rate Cap Payments and to pay to the LIBOR Offered Certificateholders any Basis Risk Carry Forward Amounts (prior to using Amounts. On each Distribution Date, the Trustee shall deposit the amount of any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Interest Rate Cap Payments for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Offered Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(F), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(E)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(G)-(H). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be treated as first distributed by the Trustee to the Class X Certificateholders in respect of the Class X Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts paid by the Trustee to the Offered Certificateholders shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Offered Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Offered Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer it may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Gsamp Trust 2003-He1), Pooling and Servicing Agreement (Gs Mortgage Securities Corp Mort Pass THR Cert Ser 2003-Fm1)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and Payment to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Trustee shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payment for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(D), the lesser of the Class X Distributable Amount (without regard to the reduction in the definition thereof with respect to the Basis Risk Payments) (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(C)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.02(a)(iii)(E). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners owner of the Excess Reserve Fund Account are is the Class X CertificateholdersCertificateholder. For all federal income tax purposes, amounts transferred by the Class X REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Trustee to the Class X Certificateholder. Any Basis Risk Carry Forward Amounts distributed paid by the Securities Administrator Trustee to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates Certificate (as recipient of 100% of amounts payable in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.28(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer it may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-He2), Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-He2)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and secure their limited recourse obligation to pay to the LIBOR Offered Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Trustee shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payment and Interest Rate Cap Payments for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Offered Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(D), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(C)) and (y) the aggregate Basis Risk Carry Forward Amount Amounts of the Offered Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes on a pro rata basis based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date 4.01(a)(iii)(E) or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent RecoveriesF), even if funds are otherwise available for distributionas the case may be. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners owner of the Excess Reserve Fund Account are is the Class X Certificateholder. For all federal income tax purposes, amounts transferred by the Upper-Tier REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Trustee to the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Offered Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities AdministratorTrustee, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Offered Certificates. In addition, the Securities Administrator Trustee shall account for the Offered Certificateholders' rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of the Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments distributions from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.01(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Servicing Agreement; and
(ivii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remittedremitted pursuant to the Servicing Agreement, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02Sections 4.01 or 6.03.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 2 contracts
Samples: Trust Agreement (Gsaa Home Equity Trust 2004-6), Trust Agreement (Gsaa Home Equity Trust 2004-6)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and secure their limited recourse obligation to pay to the LIBOR Offered Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Trustee shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payment for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(I), the lesser of the Class X Distributable Amount (without regard to the reduction in the definition thereof with respect to the Basis Risk Carry Forward Amount) (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(H)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes on a pro rata basis based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution4.02(a)(iii)(J) hereof. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury regulation 1.860G-2(h) and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners owner of the Excess Reserve Fund Account are is the Class X CertificateholdersCertificateholder. For all federal income tax purposes, amounts transferred by the Upper Tier REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Trustee to the Class X Certificateholder. Any Basis Risk Carry Forward Amounts distributed paid by the Securities Administrator Trustee to the LIBOR Offered Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) Certificate and then to the respective Class or Classes of LIBOR Offered Certificates. In addition, the Securities Administrator Trustee shall account for the Offered Certificateholders' rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Classthe Offered Certificateholders. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.28(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer it may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-Wmc1), Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-Wmc1)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class N and Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and Payment to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(G), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(F)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.02(a)(iii)(H). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class N and Class X CertificateholdersCertificateholders (or a partnership, the beneficial holders of which are the Class N and Class X Certificates, as the case may be). For all federal income tax purposes, amounts transferred by the Class X REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Trustee in respect of the Class X/N Regular Interest from the Class X REMIC to the Class N and Class X Certificateholders (or to a partnership, the beneficial holders of which are the Class N and Class X Certificates, as the case may be). Any Basis Risk Carry Forward Amounts distributed paid by the Securities Administrator Trustee to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class N and Class X Certificates (or a partnership, the beneficial holders of which are the Class N and Class X Certificates, as the case may be) (as recipient of 100% of amounts payable in respect of the Class X X/N Regular Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class N and Class X Certificateholders (or such partnership) in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer it may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2004-Nc1)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and any Interest Rate Cap Payment and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using Amounts. On each Distribution Date, the Trustee shall deposit the amount of any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Interest Rate Cap Payments for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(H), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(G)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.02(a)(iii)(I). In the event that the Class Certificate Balance of any Class of Certificates is permanently reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries)Dates, even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper-Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be treated as first distributed by the Trustee to the Class X Certificateholders in respect of the Class X Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts paid by the Trustee to the LIBOR Certificateholders shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until withdrawn or disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02Agreement.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mortga Mort Passthr Certs Ser 2004-Fm2)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap ReceiptsReceipts or any Cap Payments). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He5)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payment and any Interest Rate Cap Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using Amounts. On each Distribution Date, the Trustee shall deposit the amount of any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Interest Rate Cap Payments for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(H), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(G)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(I)-(J). In the event that the Class Certificate Balance of any Class of Certificates is permanently reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries)Dates, even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper-Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be treated as first distributed by the Trustee to the Class X Certificateholders in respect of the Class X Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts paid by the Trustee to the LIBOR Certificateholders shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) . In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement Depositor and the Servicer, including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GS Mortgage Securities Corp. FFMLT Trust 2004-Ff3)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and any Interest Rate Cap Payment and to secure their limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Securities Administrator shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payment and any Interest Rate Cap Payment received by it for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(L), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(L)) and (y) the aggregate Basis Risk Carry Forward Amount of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account amounts necessary (including Interest Rate Cap Payments) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred to the Excess Reserve Fund Account shall be treated as distributions by the Securities Administrator from the Class X REMIC to the Class X Certificates and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Principal Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR CertificatesPrincipal Certificates in accordance with the priority of payments in this Section 3.01. In addition, the Securities Administrator shall account for the Principal Certificateholders' rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of the Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments distributions from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.01(a).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The amount remitted by the Servicer to the Master Servicer on each Remittance Date shall be credited to the Distribution Account within two (2) Business Days once the amounts are identified as a remittance in connection with the Trust and reconciled to the reports provided by the Servicer. The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Master Servicer shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer the Servicers to the Securities Administrator Master Servicer pursuant to Section 3.11the Servicing Agreements;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to as a result of the Securities Administrator in respect operation of Compensating Interest pursuant to Section 3.25the Primary Mortgage Insurance Policy; and
and (iv) iii any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable any Servicer shall remit any amount not required to be remittedremitted pursuant to the applicable Servicing Agreement, and such Servicer may at any time direct directs the Securities Administrator Master Servicer in writing to withdraw such amount from the Distribution Account, any provision herein the Master Servicer shall return such funds to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Accountapplicable Servicer. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.024.01.
(c) In order From time to comply with its duties under the USA Patriot Act of 2001time, the Securities Administrator shall obtain and verify certain information and documentation from the may also establish any other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask accounts for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles purposes of incorporation, an offering memorandum, or other identifying documents to be providedcarrying out its duties hereunder.
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-18)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap ReceiptsReceipts or Cap Payments). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment) and (y) the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) subject to the obligation to pay Class IO Shortfalls, as rights in and obligations under a separate limited recourse interest rate cap notional principal contract written by between the Class X Certificateholders in favor of and Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under laws, rules and regulations applicable to banking institutions, including those relating to the USA Patriot Act funding of 2001terrorist activities and money laundering, the Securities Administrator shall obtain Deutsche Bank is required to obtain, verify and verify record certain information relating to individuals and documentation from the other parties to this Agreement including, but not limited toentities which maintain a business relationship with Deutsche Bank. Accordingly, each of the parties agrees to provide to Deutsche Bank upon its request from time to time such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the complete name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to information, together with copies of such party's constituting documentation, securities disclosure documentation and such other identifying documentation as may be providedavailable for such party.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-Nc1)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap ReceiptsReceipt Amounts). On each Distribution Date, the Securities Administrator shall deposit the amount of any Basis Risk Payment received by it for such date into the Excess Reserve Fund Account. For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(e), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(a)-(d)) and (y) the aggregate Basis Risk Carry Forward Amount of the LIBOR Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account and the Supplemental Interest Account amounts necessary (including Net Swap Payment Amounts or Swap Termination Payments (other than amounts received pursuant to an ISDA Credit Support Annex negotiated between the Trust and the Swap Provider)) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(e). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator For all federal income tax purposes, amounts transferred to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for treated as distributions by the Securities Administrator, for federal income tax purposes, as amounts paid first Administrator from the Upper-Tier REMIC to the Holders of Class X Interest and from the Class X REMIC to the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written contributed by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a)Account.
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-19)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iiiii) of the definition thereof for any Basis Risk Carry Forward Amounts Payment or any Defaulted Swap Termination Payment) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities AdministratorTrustee, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and and, without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such the Servicer to the Securities Administrator Trustee in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities AdministratorTrustee, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank the Trustee will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with itthe Trustee. Deutsche Bank The Trustee will ask for the name, address, tax identification number and other information that will allow Deutsche Bank the Trustee to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank The Trustee may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (FFMLT Trust 2006-Ff3)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap ReceiptsReceipt Amounts). On each Distribution Date, the Securities Administrator shall deposit the amount of any Basis Risk Payment received by it for such date into the Excess Reserve Fund Account. For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(I), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(H)) and (y) the aggregate Basis Risk Carry Forward Amount of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account and the Supplemental Interest Account amounts necessary (including Swap Payment Amounts or Swap Termination Payments (other than amounts received pursuant to an ISDA Credit Support Annex negotiated between the Trust and the Swap Provider)) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(J). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred by the Upper-Tier REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Securities Administrator to the Class X Certificateholders in respect of the Class X Interest and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Principal Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR CertificatesPrincipal Certificates in accordance with the priority of payments in this Section 4.05. In addition, the Securities Administrator shall account for the Principal Certificateholders' rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of the Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments distributions from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.01(a).
(b) The Securities Administrator Master Servicer shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Master Servicer shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer the Servicers to the Securities Administrator Master Servicer pursuant to Section 3.11the Servicing Agreements;
(ii) any amount deposited by such Servicer Swap Receipt Amounts or Swap Termination Payments (other than amounts received pursuant to Section 3.12(ban ISDA Credit Support Annex negotiated between the Trust and the Swap Provider) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Swap Provider; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable any Servicer shall remit any amount not required to be remittedremitted pursuant to the applicable Servicing Agreement, and such Servicer may at any time direct directs the Securities Administrator Master Servicer in writing to withdraw such amount from the Distribution Account, any provision herein the Master Servicer shall return such funds to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Accountapplicable Servicer. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.024.01.
(c) In order From time to comply with its duties under the USA Patriot Act of 2001time, the Securities Administrator shall obtain and verify certain information and documentation from may also establish any other accounts for the other parties to this Agreement purposes of carrying out its duties hereunder (including, but not limited towithout limitation, each such party's name, address, and other identifying information. To help fight any account necessary under the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be providedInterest Rate Swap Agreement).
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2005-14)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to pay to the LIBOR Offered Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Offered Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(I), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(H)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Offered Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(J)-(K). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred by the Upper Tier REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Trustee to the Class X Certificateholders in respect of the Class X Interest and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Offered Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities AdministratorTrustee, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Offered Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Offered Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer it may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp. Gsaa Home Equity Trust 2004-9)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap ReceiptsReceipt Amounts). On each Distribution Date, the Securities Administrator shall deposit the amount of any Basis Risk Payment received by it for such date into the Excess Reserve Fund Account. For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(I), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(H)) and (y) the aggregate Basis Risk Carry Forward Amount Amounts of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account and the Supplemental Interest Account amounts necessary (including Swap Payment Amounts or Swap Termination Payments (other than amounts received pursuant to an ISDA Credit Support Annex negotiated between the Trust and the Swap Provider)) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.01(a)(iii)(J). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper-Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for treated as distributions by the Securities Administrator, for federal income tax purposes, as amounts paid first Administrator to the Holders of the Class X Certificates (Certificateholders in respect of the Class X Interest) Interest and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written contributed by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a)Account.
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2005-11)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(K), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K4.02(a)(iii)(A)-(J) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts Payment or any Defaulted Swap Termination Payment) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.02(a)(iii)(L). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and and, without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Master Servicer shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Master Servicer shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Master Servicer pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such the Servicer to the Securities Administrator Master Servicer in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Master Servicer in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities AdministratorMaster Servicer, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-He6)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities AdministratorTrustee, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and and, without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.113.11 or by the Wells Fargo Servicer under the Wells Fargo Agreements;
(ii) any amount deposited by such xx xhe Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted InvestmentsInvestments or by the Wells Fargo Servicer under the Wells Fargo Agreements;
(iiixxx) any amounts remitted by such Servicer thx Xxxvicer to the Securities Administrator Trustee in respect of Compensating Interest pursuant to Section 3.253.25 or by the Wells Fargo Servicer under the Wells Fargo Agreements; and
(iv) any other amounts deposited deposxxxx hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities AdministratorTrustee, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act laws, rules and regulations applicable to banking institutions, including those relating to the funding of 2001terrorist activities and money laundering, the Securities Administrator shall obtain Trustee is required to obtain, verify and verify record certain information relating to individuals and documentation from entities which maintain a business relationship with the other parties to this Agreement including, but not limited toTrustee. Accordingly, each of the parties agrees to provide to the Trustee upon its request from time to time such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the complete name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to information, together with copies of such party's constituting documentation, securities disclosure documentation and such other identifying documentation as may be providedavailable for such party.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs-FFMLT 2006-Ff13)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap ReceiptsReceipt Amounts). On each Distribution Date, the Securities Administrator shall deposit the amount of any Basis Risk Payment received by it for such date into the Excess Reserve Fund Account. For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(e), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(a)-(d)) and (y) the aggregate Basis Risk Carry Forward Amount of the LIBOR Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account and the Supplemental Interest Account amounts necessary (including Net Swap Payment Amounts or Swap Termination Payments (other than amounts received pursuant to an ISDA Credit Support Annex negotiated between the Trust and the Swap Provider)) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(e). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred to the Excess Reserve Fund Account shall be treated as distributions by the Securities Administrator from the Upper-Tier REMIC to the Class X Interest and from the Class X REMIC to the Class X Certificates and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Principal Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR CertificatesCertificates in accordance with the priority of payments in this Section 3.01. In addition, the Securities Administrator shall account for the Principal Certificateholders' rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of the Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments distributions from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.01(a).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The amount remitted by the Servicer to the Master Servicer on each Remittance Date shall be credited to the Distribution Account within two (2) Business Days once the amounts are identified as a remittance in connection with the Trust and reconciled to the reports provided by the Servicer. The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Master Servicer shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer the Servicers to the Securities Administrator Master Servicer pursuant to Section 3.11the Servicing Agreements;
(ii) any amount deposited by such Servicer Net Swap Receipt Amounts or Swap Termination Payments (other than amounts received pursuant to Section 3.12(ban ISDA Credit Support Annex negotiated between the Trust and the Swap Provider) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Swap Provider; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable any Servicer shall remit any amount not required to be remittedremitted pursuant to the applicable Servicing Agreement, and such Servicer may at any time direct directs the Securities Administrator Master Servicer in writing to withdraw such amount from the Distribution Account, any provision herein the Master Servicer shall return such funds to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Accountapplicable Servicer. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.024.01.
(c) In order From time to comply with its duties under the USA Patriot Act of 2001time, the Securities Administrator shall obtain and verify certain information and documentation from may also establish any other accounts for the other parties to this Agreement purposes of carrying out its duties hereunder (including, but not limited towithout limitation, each such party's name, address, and other identifying information. To help fight any account necessary under the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be providedInterest Rate Swap Agreement).
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-11)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to pay to the LIBOR Offered Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Offered Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(H), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(G)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(I). In the event that the Class Certificate Balance of any Class of Certificates is permanently reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries)Dates, even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper-Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be treated as first distributed by the Trustee to the Class X Certificateholders in respect of the Class X/INV Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts paid by the Trustee to the Offered Certificateholders shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Offered Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Offered Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable either Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) . In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement Depositor and each Servicer, including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp Gsamp Trust 2004-He1)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(H), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(G)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(I)-(J). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper-Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be treated as first distributed by the Trustee to the Class X Certificateholders in respect of the Class X Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts paid by the Trustee to the LIBOR Certificateholders shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to received from the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Mortgage Pool Insurer under the Mortgage Pool Insurance Policy; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement Agreement, including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-S1)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to pay to the LIBOR Offered Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Offered Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(H), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(G)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Offered Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(I)-(J). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper-Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be treated as first distributed by the Trustee to the Class X Certificateholders in respect of the Class X Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts paid by the Trustee to the Offered Certificateholders shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Offered Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Offered Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable any Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement Agreement, including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GS Mortgage GSAMP Trust 2005-He1)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Principal Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(J), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(I)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Principal Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.02(a)(iii)(K). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred by the Upper Tier REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Trustee to the Class X Certificateholders in respect of the Class X Interest and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Principal Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities AdministratorTrustee, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Principal Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Principal Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer it may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAA Home Equity Trust 2005-2)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payment and any Interest Rate Corridor Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(J), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(I)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority priorities set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(K)-(L). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred by the Class X REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Trustee, for federal income tax purposes, in respect of the Class X Regular Interest from the Class X REMIC to the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (as recipient of 100% of amounts payable in respect of the Class X Regular Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such the Servicer to the Securities Administrator Trustee in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer it may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-Wmc3)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap ReceiptsReceipt Amounts). On each Distribution Date, the Securities Administrator shall deposit the amount of any Basis Risk Payment received by it for such date into the Excess Reserve Fund Account. For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(L), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(K)) and (y) the aggregate Basis Risk Carry Forward Amount of the LIBOR Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account and the Supplemental Interest Account amounts necessary (including Net Swap Payment Amounts or Swap Termination Payments (other than amounts received pursuant to an ISDA Credit Support Annex negotiated between the Trust and the Swap Provider)) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(L). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator For all federal income tax purposes, amounts transferred to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for treated as distributions by the Securities Administrator, for federal income tax purposes, as amounts paid first Administrator from the Upper-Tier REMIC to the Holders of Class X Interest and from the Class X REMIC to the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written contributed by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a)Account.
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-5)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and any Interest Rate Corridor Payment and to secure their limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Securities Administrator shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payment and any Interest Rate Corridor Payment received by it for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(I), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(H)) and (y) the aggregate Basis Risk Carry Forward Amount Amounts of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account amounts necessary (including Interest Rate Corridor Payments) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.01(a)(iii)(J). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred by the Upper-Tier REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Securities Administrator to the Class X Certificateholders in respect of the Class X Interest and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Principal Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Principal Certificates. In addition, the Securities Administrator shall account for the Principal Certificateholders' rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of the Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments distributions from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.01(a).
(b) The Securities Administrator Master Servicer shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Master Servicer shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer the Servicers to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Master Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Servicing Agreements; and
(ivii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable any Servicer shall remit any amount not required to be remittedremitted pursuant to the applicable Servicing Agreement, and such Servicer may at any time direct directs the Securities Administrator Master Servicer in writing to withdraw such amount from the Distribution Account, any provision herein the Master Servicer shall return such funds to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Accountapplicable Servicer. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.024.01.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2005-6)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap ReceiptsReceipt Amounts). On each Distribution Date, the Securities Administrator shall deposit the amount of any Basis Risk Payment received by it for such date into the Excess Reserve Fund Account. For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(K), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(J)) and (y) the aggregate Basis Risk Carry Forward Amount of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account and the Supplemental Interest Account amounts necessary (including Net Swap Payment Amounts or Swap Termination Payments (other than amounts received pursuant to an ISDA Credit Support Annex negotiated between the Trust and the Swap Provider)) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(L). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper-Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for treated as distributions by the Securities Administrator, for federal income tax purposes, as amounts paid first Administrator to the Holders of the Class X Certificates (Certificateholders in respect of the Class X Interest) Interest and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written contributed by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a)Account.
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-1)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure the limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Trustee shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payment received by it for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(I), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(I)) and (y) the aggregate Basis Risk Carry Forward Amount of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(J). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator For all federal income tax purposes, amounts transferred to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for treated as distributions by the Securities Administrator, for federal income tax purposes, as amounts paid first Trustee from the Class X REMIC to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written contributed by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a)Account.
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Trust Agreement (New Century Alternative Mortgage Loan Trust 2006-Alt2)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to pay to the LIBOR Offered Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Offered Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(G), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(F)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.02(a)(iii)(H). In the event that the Class Certificate Balance of any Class of Certificates is permanently reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries)Dates, even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper-Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be treated as first distributed by the Trustee to the Class X Certificateholders in respect of the Class X Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts paid by the Trustee to the Offered Certificateholders shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Offered Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Offered Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp MTG Pa THR Cert Ser 2004-Fm1)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap ReceiptsReceipt Amounts). On each Distribution Date, the Securities Administrator shall deposit the amount of any Basis Risk Payment received by it for such date into the Excess Reserve Fund Account. For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(d), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(a)-(c)) and (y) the aggregate Basis Risk Carry Forward Amount of the LIBOR Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account and the Supplemental Interest Account amounts necessary (including Net Swap Payment Amounts or Swap Termination Payments (other than amounts received pursuant to an ISDA Credit Support Annex negotiated between the Trust and the Swap Provider)) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(e). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred to the Excess Reserve Fund Account shall be treated as distributions by the Securities Administrator from the Upper-Tier REMIC to the Class X Interest and from the Class X REMIC to the Class X Certificates and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Principal Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR CertificatesCertificates in accordance with the priority of payments in this Section 3.01. In addition, the Securities Administrator shall account for the Principal Certificateholders' rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of the Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments distributions from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.01(a).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The amount remitted by the Servicer to the Master Servicer on each Remittance Date shall be credited to the Distribution Account within two (2) Business Days once the amounts are identified as a remittance in connection with the Trust and reconciled to the reports provided by the Servicer. The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Master Servicer shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer the Servicers to the Securities Administrator Master Servicer pursuant to Section 3.11the Servicing Agreements;
(ii) any amount deposited by such Servicer Net Swap Receipt Amounts or Swap Termination Payments (other than amounts received pursuant to Section 3.12(ban ISDA Credit Support Annex negotiated between the Trust and the Swap Provider) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Swap Provider; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable any Servicer shall remit any amount not required to be remittedremitted pursuant to the applicable Servicing Agreement, and such Servicer may at any time direct directs the Securities Administrator Master Servicer in writing to withdraw such amount from the Distribution Account, any provision herein the Master Servicer shall return such funds to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Accountapplicable Servicer. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.024.01.
(c) In order From time to comply with its duties under the USA Patriot Act of 2001time, the Securities Administrator shall obtain and verify certain information and documentation from may also establish any other accounts for the other parties to this Agreement purposes of carrying out its duties hereunder (including, but not limited towithout limitation, each such party's name, address, and other identifying information. To help fight any account necessary under the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be providedInterest Rate Swap Agreement).
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-20)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(K), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K4.02(a)(iii)(A)-(J) and without regard to the reduction in clause (iiiii) of the definition thereof for any Basis Risk Carry Forward Amounts Payment or any Defaulted Swap Termination Payment) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.02(a)(iii)(L). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities AdministratorTrustee, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and and, without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such the Servicer to the Securities Administrator Trustee in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities AdministratorTrustee, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act laws, rules and regulations applicable to banking institutions, including those relating to the funding of 2001terrorist activities and money laundering, the Securities Administrator shall obtain Trustee is required to obtain, verify and verify record certain information relating to individuals and documentation from entities which maintain a business relationship with the other parties to this Agreement including, but not limited toTrustee. Accordingly, each of the parties agrees to provide to the Trustee upon its request from time to time such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the complete name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to information, together with copies of such party's constituting documentation, securities disclosure documentation and such other identifying documentation as may be providedavailable for such party.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (FFMLT Trust 2006-Ff4)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class N and Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and Payment to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(H), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(G)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.02(a)(iii)(I). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class N and Class X CertificateholdersCertificateholders (or a partnership, the beneficial holders of which are the Class N and Class X Certificates, as the case may be). For all federal income tax purposes, amounts transferred by the Class X REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Trustee, for federal income tax purposes, in respect of the Class X/N Regular Interest from the Class X REMIC to the Class N and Class X Certificateholders (or to a partnership, the beneficial holders of which are the Class N and Class X Certificates, as the case may be). Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class N and Class X Certificates (or a partnership, the beneficial holders of which are the Class N and Class X Certificates, as the case may be) (as recipient of 100% of amounts payable in respect of the Class X X/N Regular Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class N and Class X Certificateholders (or such partnership) in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer it may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GS Mortgage GSAMP Trust 2005-Nc1)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Trust Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payment and any Yield Maintenance Agreement Payments and to pay to the LIBOR Class A-1A Certificateholders and Offered Certificateholders any Basis Risk Carry Forward Amounts (prior to using Amounts. On each Distribution Date, the Trust Administrator shall deposit the amount of any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Yield Maintenance Payments for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Offered Certificates or the Class A-1A Certificates, the Securities Trust Administrator shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(M), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(L)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(N)-(O). In the event that the Class Certificate Balance of any Class of Certificates is permanently reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled (except to the extent of Subsequent Recoveries and as otherwise set forth herein) to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries)Dates, even if funds are otherwise available for distribution. The Securities Trust Administrator shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator REMIC II to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be treated as first distributed by the Trust Administrator to the Class X Certificateholders in respect of the Class X Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts paid by the Trust Administrator to the Offered Certificateholders or the Class A-1A Ceritificateholders shall be accounted for by the Securities Administrator, for federal income tax purposes, Trust Administrator as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Offered Certificates and Class A-1A Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Offered Certificates and Class A-1A Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Trust Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Trust Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Trust Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Trust Administrator pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Trust Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trust Administrator which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Trust Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp Fremont Home Loan Trust 2004-A)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such the Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank the Trustee will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank The Trustee will ask for the name, address, tax identification number and other information that will allow Deutsche Bank the Trustee to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank The Trustee may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-Fm2)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and any Interest Rate Corridor Payment and to secure their limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Securities Administrator shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payment and any Interest Rate Corridor Payment received by it for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(L), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(L)) and (y) the aggregate Basis Risk Carry Forward Amount of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account amounts necessary (including Interest Rate Corridor Payments) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator For all federal income tax purposes, amounts transferred to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for treated as distributions by the Securities Administrator, for federal income tax purposes, as amounts paid first Administrator from the Class X REMIC to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written contributed by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a)Account.
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iv)(I), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K4.02(a)(iv)(A)-(H) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Paymentthereof) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.02(a)(iv)(J). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities AdministratorTrustee, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such the Servicer to the Securities Administrator Trustee in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities AdministratorTrustee, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-Ahl)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and any Interest Rate Corridor Payment and to secure their limited recourse obligation to pay to the LIBOR Offered Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Securities Administrator shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payment and any Interest Rate Corridor Payment received by it for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Offered Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(H), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(G)) and (y) the aggregate Basis Risk Carry Forward Amount Amounts of the Offered Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account amounts necessary (including Interest Rate Corridor Payments) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(I)-(J). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper-Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for treated as distributions by the Securities Administrator, for federal income tax purposes, as amounts paid first Administrator to the Holders of the Class X Certificates (Certificateholders in respect of the Class X Interest) Interest and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written contributed by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a)Account.
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Trust Agreement (GS Mortgage Securities Corp., Asset-Backed Certificates, Series 2005-5)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to pay to the LIBOR Offered Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Offered Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(E), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(D)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(F). In the event that the Class Certificate Balance of any Class of Certificates is permanently reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries)Dates, even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper-Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be treated as first distributed by the Trustee to the Class X Certificateholders in respect of the Class X Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts paid by the Trustee to the Offered Certificateholders shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Offered Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Offered Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable either Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) . In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement Depositor and each Servicer, including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gsaa Home Equity Trust 2004-5)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap ReceiptsReceipt Amounts). On each Distribution Date, the Securities Administrator shall deposit the amount of any Basis Risk Payment received by it for such date into the Excess Reserve Fund Account. For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. [On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(I), the lesser of (x) the Accrued Certificate Interest Distribution Amount payable to the Class X Distributable Amount 4A-IO Certificates (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(H)) and (y) the aggregate Basis Risk Carry Forward Amount of the LIBOR Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account and the Supplemental Interest Account amounts necessary (including Net Swap Payments or Swap Termination Payments (other than amounts received pursuant to an ISDA Credit Support Annex negotiated between the Trust and the Swap Provider)) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(L). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. .] The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X 4A-IO Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper-Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for treated as distributions by the Securities Administrator, for federal income tax purposes, as amounts paid first Administrator to the Holders of the Class X Certificates (4A-IO Certificateholders in respect of the Class X Interest) 4A-IO Interest and then contributed by the Class 4A-IO Certificateholders to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a)Account.
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-4)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap ReceiptsReceipt Amounts). On each Distribution Date, the Securities Administrator shall deposit the amount of any Basis Risk Payment received by it for such date into the Excess Reserve Fund Account. For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(LSection
4.01 (a)(iii)(I), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(H)) and (y) the aggregate Basis Risk Carry Forward Amount of the LIBOR Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account and the Supplemental Interest Account amounts necessary (including Net Swap Payments or Swap Termination Payments (other than amounts received pursuant to an ISDA Credit Support Annex negotiated between the Trust and the Swap Provider)) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(L). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred by the Upper-Tier REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Securities Administrator to the Class X Certificateholders in respect of the Class X Interest and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR CertificatesCertificates in accordance with the priority of payments in this Section 3.01. In addition, the Securities Administrator shall account for the LIBOR Certificateholders' rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of the Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments distributions from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.01(a).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The amount remitted by the Servicer to the Master Servicer on each Remittance Date shall be credited to the Distribution Account within two (2) Business Days once the amounts are identified as a remittance in connection with the Trust and reconciled to the reports provided by the Servicer. The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Master Servicer shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Master Servicer pursuant to Section 3.11the Servicing Agreements;
(ii) any amount deposited by such Servicer Net Swap Receipt Amounts or Swap Termination Payments (other than amounts received pursuant to Section 3.12(ban ISDA Credit Support Annex negotiated between the Trust and the Swap Provider) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Swap Provider; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remittedremitted pursuant to the Servicing Agreement, and such Servicer may at any time direct directs the Securities Administrator Master Servicer in writing to withdraw such amount from the Distribution Account, any provision herein the Master Servicer shall return such funds to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution AccountServicer. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.024.01.
(c) In order From time to comply with its duties under the USA Patriot Act of 2001time, the Securities Administrator shall obtain and verify certain information and documentation from may also establish any other accounts for the other parties to this Agreement purposes of carrying out its duties hereunder (including, but not limited towithout limitation, each such party's name, address, and other identifying information. To help fight any account necessary under the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be providedInterest Rate Swap Agreement).
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-2)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment (including any Yield Maintenance Payments) and to pay to the LIBOR Certificateholders and the Class M-5, Class M-6, Class M-7, Class B-1 and Class B-2 Certificates any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR CertificatesCertificates or Class M-5, Class M-6, Class B-1 or Class B-2 Certificates after application of any payments from the Yield Maintenance Agreement, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(J), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(I)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates and the Class M-5, Class M-6, Class B-1 and Class B-2 Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(K). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts For all federal income tax purposes, amounts transferred by REMIC II to the Excess Reserve Fund Account shall be treated as first distributed by the Securities Administrator Trustee to the Class X Certificateholders in respect of the Class X Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. For federal income tax purposes, the value of the right of the LIBOR Certificateholders and the Class M-5, Class M-6, Class B-1 and Class B-2 Certificateholders to receive payments from the Excess Reserve Fund Account shall be $432,000.00. Any Basis Risk Carry Forward Amounts paid by the Trustee to the LIBOR Certificateholders and the Class M-5, Class M-6, Class B-1 and Class B-2 Certificates shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates and the Class M-5, Class M-6, Class B-1 and Class B-2 Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates and the Class M-5, Class M-6, Class B-1 and Class B-2 Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. On each Distribution Date, payments from the Yield Maintenance Agreement will be distributed will be applied as follows:
(i) to the LIBOR Certificates, to pay Accrued Certificate Interest and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i)(A), to the extent unpaid from other Available Funds;
(ii) to the Offered Certificates and the Class B-1 Certificates and Class B-2 Certificates, as part of the Extra Principal Distribution Amount, to pay principal as described in Section 4.02(a)(ii)(A) and (B), but only to the extent necessary to maintain or restore the Overcollateralized Amount by covering current period or prior period Realized Losses (prior to distribution of any amounts due);
(iii) to the LIBOR Certificates, to pay any Basis Risk Carry Forward Amounts, in the priority described in Section 4.02(a)(iii)(K); and
(iv) to the Class X Certificates, any remaining amounts. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001laws, the Securities Administrator shall obtain rules and verify certain information and documentation from the other parties regulations applicable to this Agreement includingbanking institutions, but not limited to, each such party's name, address, and other identifying information. To help fight including those relating to the funding of terrorism terrorist activities and money laundering activitieslaundering, Deutsche Bank will the Trustee is required to obtain, verify, and record certain information that identifies relating to individuals or and entities that establish which maintain a business relationship or open an account with itthe Trustee. Deutsche Bank will ask for Accordingly, each of the parties agrees to provide to the Trustee upon its request from time to time such party’s complete name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to information, together with copies of such party’s constituting documentation, securities disclosure documentation and such other identifying documentation as may be providedavailable for such party.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-S5)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap ReceiptsReceipt Amounts). On each Distribution Date, the Securities Administrator shall deposit the amount of any Basis Risk Payment received by it for such date into the Excess Reserve Fund Account. For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(K), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(J)) and (y) the aggregate Basis Risk Carry Forward Amount of the LIBOR Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account and the Supplemental Interest Account amounts necessary (including Net Swap Payment Amounts or Swap Termination Payments (other than amounts received pursuant to an ISDA Credit Support Annex negotiated between the Trust and the Swap Provider)) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(K). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred to the Excess Reserve Fund Account shall be treated as distributions by the Securities Administrator to the Class X Certificateholders in respect of the Class X Interest and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR CertificatesCertificates in accordance with the priority of payments in this Section 3.01. In addition, the Securities Administrator shall account for the LIBOR Certificateholders' rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of the Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments distributions from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.01(a).
(b) The Master Servicer shall establish and maintain a custodial account for the benefit of the Trustee (the "Master Servicer Account") which account shall be an Eligible Account. The amounts remitted by the Servicers to the Master Servicer on each Remittance Date shall be credited to the Master Servicer Account within two (2) Business Days once the amounts are identified as a remittance in connection with the Trust and reconciled to the reports provided by the Servicer. On the Master Servicer Remittance Date, the Master Servicer shall remit to the Securities Administrator the amounts received from the Servicers on the related Remittance Date, net of any fees, expenses and other amounts payable to the Master Servicer. The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11Master Servicer;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investmentsamounts remitted as a result of the operation of the Primary Mortgage Insurance Policy;
(iii) any Net Swap Receipt Amounts or Swap Termination Payments (other than amounts received pursuant to an ISDA Credit Support Annex negotiated between the Trust and the Swap Provider) remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Swap Provider; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable any Servicer shall remit any amount not required to be remittedremitted pursuant to the applicable Servicing Agreement, and such Servicer may at any time direct directs the Securities Administrator Master Servicer in writing to withdraw such amount from the Distribution Account, any provision herein the Master Servicer shall return such funds to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Accountapplicable Servicer. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.024.01.
(c) In order From time to comply with its duties under the USA Patriot Act of 2001time, the Securities Administrator shall obtain and verify certain information and documentation from may also establish any other accounts for the other parties to this Agreement purposes of carrying out its duties hereunder (including, but not limited towithout limitation, each such party's name, address, and other identifying information. To help fight any account necessary under the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be providedInterest Rate Swap Agreement).
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-12)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment (including any Yield Maintenance Payments) and to pay to the LIBOR Certificateholders and the Class M-5, Class M-6 and Class M-7 Certificates any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR CertificatesCertificates or Class M-5, Class M-6 or Class M-7 Certificates after application of any payments from the Yield Maintenance Agreement, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(J), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(I)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates and the Class M-5, Class M-6 and Class M-7 Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(K). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts For all federal income tax purposes, amounts transferred by REMIC II to the Excess Reserve Fund Account shall be treated as first distributed by the Securities Administrator Trustee to the Class X Certificateholders in respect of the Class X Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. For federal income tax purposes, the value of the right of the LIBOR Certificateholders and the Class M-5, Class M-6 and Class M-7 Certificateholders to receive payments from the Excess Reserve Fund Account shall be $805,000. Any Basis Risk Carry Forward Amounts paid by the Trustee to the LIBOR Certificateholders and the Class M-5, Class M-6 and Class M-7 Certificates shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates and the Class M-5, Class M-6 and Class M-7 Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates and the Class M-5, Class M-6 and Class M-7 Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. On each Distribution Date, payments from the Yield Maintenance Agreement will be distributed will be applied as follows:
(i) to the LIBOR Certificates, to pay Accrued Certificate Interest and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i)(A), to the extent unpaid from other Available Funds;
(ii) to the Offered Certificates and the Class B-1 Certificates and Class B-2 Certificates, as part of the Extra Principal Distribution Amount, to pay principal as described in Section 4.02(a)(ii)(A) and (B), but only to the extent necessary to maintain or restore the Overcollateralized Amount by covering current period or prior period Realized Losses (prior to distribution of any amounts due);
(iii) to the LIBOR Certificates, to pay any Basis Risk Carry Forward Amounts, in the priority described in Section 4.02(a)(iii)(K); and
(iv) to the Class X Certificates, any remaining amounts. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001laws, the Securities Administrator shall obtain rules and verify certain information and documentation from the other parties regulations applicable to this Agreement includingbanking institutions, but not limited to, each such party's name, address, and other identifying information. To help fight including those relating to the funding of terrorism terrorist activities and money laundering activitieslaundering, Deutsche Bank will the Trustee is required to obtain, verify, and record certain information that identifies relating to individuals or and entities that establish which maintain a business relationship or open an account with itthe Trustee. Deutsche Bank will ask for Accordingly, each of the parties agrees to provide to the Trustee upon its request from time to time such party’s complete name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to information, together with copies of such party’s constituting documentation, securities disclosure documentation and such other identifying documentation as may be providedavailable for such party.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-S2)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and secure their limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Trustee shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payment for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(E), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(D)) and (y) the aggregate Basis Risk Carry Forward Amount Amounts of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes on a pro rata basis based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution4.01(a)(iii)(F) hereof. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners owner of the Excess Reserve Fund Account are is the Class X CertificateholdersCertificateholder. For all federal income tax purposes, amounts transferred by the Upper-Tier REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Trustee to the Class X Certificateholder. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Principal Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities AdministratorTrustee, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates Certificate (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Principal Certificates. In addition, the Securities Administrator Trustee shall account for the Principal Certificateholders' rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Classthe Principal Certificateholders. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments distributions from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.01(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the applicable Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25applicable Sale and Servicing Agreement; and
(ivii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable a Servicer shall remit any amount not required to be remittedremitted pursuant to a Sale and Servicing Agreement, such that Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02Sections 4.01 or 6.03.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Trust Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-Sea2)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). On each Distribution Date, the Securities Administrator shall deposit the amount of any Basis Risk Payment received by it for such date into the Excess Reserve Fund Account. For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(LSection
4.01 (a)(iii)(I), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(H)) and (y) the aggregate Basis Risk Carry Forward Amount of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account and the Supplemental Interest Account amounts necessary (including Net Swap Payments or Swap Termination Payments (other than amounts received pursuant to an ISDA Credit Support Annex negotiated between the Trust and the Swap Provider)) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(L). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper-Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for treated as distributions by the Securities Administrator, for federal income tax purposes, as amounts paid first Administrator to the Holders of the Class X Certificates (Certificateholders in respect of the Class X Interest) Interest and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written contributed by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a)Account.
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2005-15)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Securities Administrator shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payment received by it for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(K), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(J)) and (y) the aggregate Basis Risk Carry Forward Amount of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(L). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator For all federal income tax purposes, amounts transferred to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for treated as distributions by the Securities Administrator, for federal income tax purposes, as amounts paid first Administrator from the Class X REMIC to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written contributed by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a)Account.
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2007-2)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment (including any Yield Maintenance Payments) and to pay to the LIBOR Certificateholders and the Class M-5, Class M-6, Class M-7, Class B-1 and Class B-2 Certificates any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR CertificatesCertificates or Class X-0, Xxxxx X-0, Class M-7, Class B-1 or Class B-2 Certificates after application of any payments from the Yield Maintenance Agreement, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(J), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(I)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates and the Class M-5, Class M-6, Class M-7, Class B-1 and Class B-2 Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(K). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts For all federal income tax purposes, amounts transferred by REMIC II to the Excess Reserve Fund Account shall be treated as first distributed by the Securities Administrator Trustee to the Class X Certificateholders in respect of the Class X Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. For federal income tax purposes, the value of the right of the LIBOR Certificateholders and the Class M-5, Class M-6, Class M-7, Class B-1 and Class B-2 Certificateholders to receive payments from the Excess Reserve Fund Account shall be $730,000. Any Basis Risk Carry Forward Amounts paid by the Trustee to the LIBOR Certificateholders and the Class M-5, Class M-6, Class M-7, Class B-1 and Class B-2 Certificates shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates and the Class M-5, Class M-6, Class M-7, Class B-1 and Class B-2 Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates and the Class M-5, Class M-6, Class M-7, Class B-1 and Class B-2 Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. On each Distribution Date, payments from the Yield Maintenance Agreement will be distributed will be applied as follows:
(i) to the LIBOR Certificates, to pay Accrued Certificate Interest and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i)(A), to the extent unpaid from other Available Funds;
(ii) to the Offered Certificates and the Class B-1 Certificates and Class B-2 Certificates, as part of the Extra Principal Distribution Amount, to pay principal as described in Section 4.02(a)(ii)(A) and (B), but only to the extent necessary to maintain or restore the Overcollateralized Amount by covering current period or prior period Realized Losses (prior to distribution of any amounts due);
(iii) to the LIBOR Certificates, to pay any Basis Risk Carry Forward Amounts, in the priority described in Section 4.02(a)(iii)(K); and
(iv) to the Class X Certificates, any remaining amounts. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001laws, the Securities Administrator shall obtain rules and verify certain information and documentation from the other parties regulations applicable to this Agreement includingbanking institutions, but not limited to, each such party's name, address, and other identifying information. To help fight including those relating to the funding of terrorism terrorist activities and money laundering activitieslaundering, Deutsche Bank will the Trustee is required to obtain, verify, and record certain information that identifies relating to individuals or and entities that establish which maintain a business relationship or open an account with itthe Trustee. Deutsche Bank will ask for Accordingly, each of the parties agrees to provide to the Trustee upon its request from time to time such party’s complete name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to information, together with copies of such party’s constituting documentation, securities disclosure documentation and such other identifying documentation as may be providedavailable for such party.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-S3)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payment and any Interest Rate Cap Payments and to pay to the LIBOR Offered Certificateholders any Basis Risk Carry Forward Amounts (prior to using Amounts. On each Distribution Date, the Trustee shall deposit the amount of any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Interest Rate Cap Payments for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Offered Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(E), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(D)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(F)-(G). In the event that the Class Certificate Balance of any Class of Certificates is permanently reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries)Dates, even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper-Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be treated as first distributed by the Trustee to the Class X Certificateholders in respect of the Class X Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts paid by the Trustee to the Offered Certificateholders shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Offered Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Offered Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-Ahl)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment (including any Yield Maintenance Payments) and to pay to the LIBOR Certificateholders and the Class M-5, Class B-1 and Class B-2 Certificates any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR CertificatesCertificates or Class M-5, Class B-1 or Class B-2 Certificates after application of any payments from the Yield Maintenance Agreement, the Securities Administrator shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(J), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(I)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates and the Class M-5, Class B-1 and Class B-2 Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(K). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred by REMIC II to the Excess Reserve Fund Account shall be treated as first distributed by the Securities Administrator to the Class X Certificateholders in respect of the Class X Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. For federal income tax purposes, the value of the right of the LIBOR Certificateholders and the Class M-5, Class B-1 and Class B-2 Certificateholders to receive payments from the Excess Reserve Fund Account shall be $1,710,000. Any Basis Risk Carry Forward Amounts distributed paid by the Securities Administrator to the LIBOR Certificateholders from and the Excess Reserve Fund Account Class M-5, Class B-1 and Class B-2 Certificates shall be accounted for by the Securities Administrator, for federal income tax purposes, Administrator as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates and the Class M-5, Class B-1 and Class B-2 Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates and the Class M-5, Class B-1 and Class B-2 Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. On each Distribution Date, payments from the Yield Maintenance Agreement will be distributed will be applied as follows:
(i) to the LIBOR Certificates, to pay Accrued Certificate Interest and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i)(A), to the extent unpaid from other Available Funds;
(ii) to the Offered Certificates and the Class B-1 Certificates and Class B-2 Certificates, as part of the Extra Principal Distribution Amount, to pay principal as described in Section 4.02(a)(ii)(A) and (B), but only to the extent necessary to maintain or restore the Overcollateralized Amount by covering current period or prior period Realized Losses (prior to distribution of any amounts due);
(iii) to the LIBOR Certificates, to pay any Basis Risk Carry Forward Amounts, in the priority described in Section 4.02(a)(iii)(K); and
(iv) to the Class X Certificates, any remaining amounts. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Administrator which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001laws, the Securities Administrator shall obtain rules and verify certain information and documentation from the other parties regulations applicable to this Agreement includingbanking institutions, but not limited to, each such party's name, address, and other identifying information. To help fight including those relating to the funding of terrorism terrorist activities and money laundering activitieslaundering, Deutsche Bank will the Trustee is required to obtain, verify, and record certain information that identifies relating to individuals or and entities that establish which maintain a business relationship or open an account with itthe Trustee. Deutsche Bank will ask for Accordingly, each of the parties agrees to provide to the Trustee upon its request from time to time such party’s complete name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to information, together with copies of such party’s constituting documentation, securities disclosure documentation and such other identifying documentation as may be providedavailable for such party.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-S4)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap ReceiptsReceipt Amounts). On each Distribution Date, the Securities Administrator shall deposit the amount of any Basis Risk Payment received by it for such date into the Excess Reserve Fund Account. For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(d), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(a)-(c)) and (y) the aggregate Basis Risk Carry Forward Amount of the LIBOR Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account and the Supplemental Interest Account amounts necessary (including Net Swap Payment Amounts or Swap Termination Payments (other than amounts received pursuant to an ISDA Credit Support Annex negotiated between the Trust and the Swap Provider)) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(e). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred to the Excess Reserve Fund Account shall be treated as distributions by the Securities Administrator from the Upper-Tier REMIC to the Class X Interest and from the Class X REMIC to the Class X Certificates and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Tax Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Principal Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR CertificatesCertificates in accordance with the priority of payments in this Section 3.01. In addition, the Securities Administrator shall account for the Principal Certificateholders' rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of the Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The amount remitted by the Servicer to the Master Servicer on each Remittance Date shall be credited to the Distribution Account within two (2) Business Days once the amounts are identified as a remittance in connection with the Trust and reconciled to the reports provided by the Servicer. The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Master Servicer shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer the Servicers to the Securities Administrator Master Servicer pursuant to Section 3.11the Servicing Agreements;
(ii) any amount deposited by such Servicer Net Swap Receipt Amounts or Swap Termination Payments (other than amounts received pursuant to Section 3.12(ban ISDA Credit Support Annex negotiated between the Trust and the Swap Provider) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Swap Provider; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable any Servicer shall remit any amount not required to be remittedremitted pursuant to the applicable Servicing Agreement, and such Servicer may at any time direct directs the Securities Administrator Master Servicer in writing to withdraw such amount from the Distribution Account, any provision herein the Master Servicer shall return such funds to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Accountapplicable Servicer. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.024.01.
(c) In order From time to comply with its duties under the USA Patriot Act of 2001time, the Securities Administrator shall obtain and verify certain information and documentation from may also establish any other accounts for the other parties to this Agreement purposes of carrying out its duties hereunder (including, but not limited towithout limitation, each such party's name, address, and other identifying information. To help fight any account necessary under the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be providedInterest Rate Swap Agreement).
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2007-1)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap ReceiptsReceipt Amounts). On each Distribution Date, the Securities Administrator shall deposit the amount of any Basis Risk Payment received by it for such date into the Excess Reserve Fund Account. For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(e), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(a)-(d)) and (y) the aggregate Basis Risk Carry Forward Amount of the LIBOR Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account and the Supplemental Interest Account amounts necessary (including Net Swap Payment Amounts or Swap Termination Payments (other than amounts received pursuant to an ISDA Credit Support Annex negotiated between the Trust and the Swap Provider)) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(e). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred to the Excess Reserve Fund Account shall be treated as distributions by the Securities Administrator from the Upper-Tier REMIC to the Class X Interest and from the Class X REMIC to the Class X Certificates and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Principal Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR CertificatesCertificates in accordance with the priority of payments in this Section 3.01. In addition, the Securities Administrator shall account for the Principal Certificateholders' rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of the Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments distributions from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.01(a).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The amount remitted by the Servicer to the Master Servicer on each Remittance Date shall be credited to the Distribution Account within two (2) Business Days once the amounts are identified as a remittance in connection with the Trust and reconciled to the reports provided by the Servicer. The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Master Servicer shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer the Servicers to the Securities Administrator Master Servicer pursuant to Section 3.11the Servicing Agreements;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investmentsamounts remitted as a result of the operation of the Primary Mortgage Insurance Policy, if applicable;
(iii) any Net Swap Receipt Amounts or Swap Termination Payments (other than amounts received pursuant to an ISDA Credit Support Annex negotiated between the Trust and the Swap Provider) remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Swap Provider; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable any Servicer shall remit any amount not required to be remittedremitted pursuant to the applicable Servicing Agreement, and such Servicer may at any time direct directs the Securities Administrator Master Servicer in writing to withdraw such amount from the Distribution Account, any provision herein the Master Servicer shall return such funds to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Accountapplicable Servicer. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.024.01.
(c) In order From time to comply with its duties under the USA Patriot Act of 2001time, the Securities Administrator shall obtain and verify certain information and documentation from may also establish any other accounts for the other parties to this Agreement purposes of carrying out its duties hereunder (including, but not limited towithout limitation, each such party's name, address, and other identifying information. To help fight any account necessary under the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be providedInterest Rate Swap Agreement).
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-17)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class N and Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Trustee shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payments for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(F), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(E)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.02(a)(iii)(G). In the event that the Class Certificate Balance of any Class of Certificates is permanently reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries)Dates, even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class N and Class X CertificateholdersCertificateholders (or a partnership, the beneficial holders of which are the Class N and Class X Certificates, as the case may be). For all federal income tax purposes, amounts transferred by the Class X REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Trustee in respect of the Class X/N Regular Interest from the Class X REMIC to the Class N and Class X Certificateholders (or to a partnership, the beneficial holders of which are the Class N and Class X Certificates, as the case may be). Any Basis Risk Carry Forward Amounts distributed paid by the Securities Administrator Trustee to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class N and Class X Certificates (or a partnership, the beneficial holders of which are the Class N and Class X Certificates, as the case may be) (as recipient of 100% of amounts payable in respect of the Class X X/N Regular Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class N and Class X Certificateholders (or such partnership) in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer it may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mortgage Pass THR Certs Ser 2003-Sea)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to pay to the LIBOR Certificateholders and the Class B-1 Certificateholders and Class B-2 Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(I), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(H)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates and the Class B-1 Certificates and Class B-2 Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(J). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator REMIC II to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be treated as first distributed by the Trustee to the Class X Certificateholders in respect of the Class X Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts paid by the Trustee to the LIBOR Certificateholders or the Class B-1 Certificateholders and Class B-2 Certificateholders shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR CertificatesCertificates and the Class B-1 Certificateholders and Class B-2 Certificateholders. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates and the Class B-1 Certificateholders and Class B-2 Certificateholders to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(ba) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Master Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Master Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Master Servicer shall remit any amount not required to be remitted, such the Master Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(cb) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank the Trustee will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with itthe Trustee. Deutsche Bank The Trustee will ask for the name, address, tax identification number and other information that will allow Deutsche Bank the Trustee to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank The Trustee may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-S1)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class N and Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payment and any Interest Rate Cap Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using Amounts. On each Distribution Date, the Trustee shall deposit the amount of any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Interest Rate Cap Payments for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(F), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(E)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(G)-(H). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class N and Class X CertificateholdersCertificateholders (or a partnership, the beneficial holders of which are the Class N and Class X Certificates, as the case may be). For all federal income tax purposes, amounts transferred by the Class X REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Trustee in respect of the Class X/N Regular Interest from the Class X REMIC to the Class N and Class X Certificateholders (or to a partnership, the beneficial holders of which are the Class N and Class X Certificates, as the case may be). Any Basis Risk Carry Forward Amounts distributed paid by the Securities Administrator Trustee to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class N and Class X Certificates (or a partnership, the beneficial holders of which are the Class N and Class X Certificates, as the case may be) (as recipient of 100% of amounts payable in respect of the Class X X/N Regular Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class N and Class X Certificateholders (or such partnership) in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer it may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2003 Nc1)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Securities Administrator shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payment received by it for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(L), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(K)) and (y) the aggregate Basis Risk Carry Forward Amount Amounts of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Principal Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred by the Upper-Tier REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Securities Administrator to the Class X Certificateholders in respect of the Class X Interest and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Principal Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Principal Certificates. In addition, the Securities Administrator shall account for the Principal Certificateholders' rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of the Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments distributions from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.01(a).
(b) The Securities Administrator Master Servicer shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Master Servicer shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer the Servicers to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Master Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Servicing Agreements; and
(ivii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable any Servicer shall remit any amount not required to be remittedremitted pursuant to the applicable Servicing Agreement, and such Servicer may at any time direct directs the Securities Administrator Master Servicer in writing to withdraw such amount from the Distribution Account, any provision herein the Master Servicer shall return such funds to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Accountapplicable Servicer. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.024.01.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) subject to the obligation to pay Class IO Shortfalls, as rights in and obligations under a separate limited recourse interest rate cap notional principal contract written by between the Class X Certificateholders in favor of and Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such the Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank the Trustee will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank The Trustee will ask for the name, address, tax identification number and other information that will allow Deutsche Bank the Trustee to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank The Trustee may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-Fm3)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payment and any Interest Rate Cap Payments and to secure their limited recourse obligation to pay to the LIBOR Offered Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Trustee shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payment and any Interest Rate Cap Payments for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(F), the lesser of the Class X Distributable Amount (without regard to the reduction in the definition thereof with respect to the Basis Risk Payments) (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(E)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes on a pro rata basis based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution4.02(a)(iii)(G) hereof. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners owner of the Excess Reserve Fund Account are is the Class X CertificateholdersCertificateholder. For all federal income tax purposes, amounts transferred by the Upper Tier REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Trustee to the Class X Certificateholder. Any Basis Risk Carry Forward Amounts distributed paid by the Securities Administrator Trustee to the LIBOR Offered Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) Certificate and then to the respective Class or Classes of LIBOR Offered Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Offered Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.28(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer it may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp Mort Pa Th Ce Se 2002-He)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and any Interest Rate Corridor Payment and to secure their limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Securities Administrator shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payment and any Interest Rate Corridor Payment received by it for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(I), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(H)) and (y) the aggregate Basis Risk Carry Forward Amount Amounts of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account amounts necessary (including Interest Rate Corridor Payments) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.01(a)(iii)(J). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper-Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for treated as distributions by the Securities Administrator, for federal income tax purposes, as amounts paid first Administrator to the Holders of the Class X Certificates (Certificateholders in respect of the Class X Interest) Interest and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written contributed by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a)Account.
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2005-9)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payment and any Interest Rate Corridor Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR CertificatesCertificates after application of any payments from the related Corridor Agreement, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(I), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(H)) and the aggregate remaining Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable remaining Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of remaining Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority priorities set forth in Section 4.02(a)(iii)(M4.02(a)(iii)(J). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred by the Upper-Tier REMIC to the Excess Reserve Fund Account shall be treated as first distributed by the Trustee to the Class Interest, from the Class X Interest to the Class X Certificateholders, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of Interest and then to the Class X Interest) and then Certificates from the Class X Interest to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. On each Distribution Date, payments from the Class A-1 Interest Rate Corridor Agreement, Class A-2 Interest Rate Corridor Agreement and Subordinate Interest Rate Corridor Agreement will be distributed concurrently, (x) from any Interest Rate Corridor Payments from the Class A-1 Interest Rate Corridor Agreement that are on deposit in the Excess Reserve Fund with respect to that Distribution Date, to the Class A-1A Certificates and Class A-1B Certificates pro rata, based on their respective Class Certificate Balances, in each case up to their respective unpaid remaining Basis Risk Carry Forward Amounts; (y) from any Interest Rate Corridor Payments from the Class A-2 Interest Rate Corridor Agreement that are on deposit in the Excess Reserve Fund with respect to that Distribution Date, to the Class A-2A, Class A-2B and Class A-2C Certificates pro rata, based on their respective Class Certificate Balances, in each case up to their respective unpaid remaining Basis Risk Carry Forward Amounts; and (z) from any Interest Rate Corridor Payments from the Subordinate Interest Rate Corridor Agreement on deposit in the Excess Reserve Fund Account with respect to that Distribution Date, to the Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class M-6, Class B-1 and Class B-2 certificates pro rata, based on their respective Class Certificate Balances, in each case up to their respective unpaid remaining Basis Risk Carry Forward Amounts. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such the Servicer to the Securities Administrator Trustee in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer it may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gsamp Trust 2005-Wmc2)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to pay to the LIBOR Offered Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Offered Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(H), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(G)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(I). In the event that the Class Certificate Balance of any Class of Certificates is permanently reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries)Dates, even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts For all federal income tax purposes, amounts transferred by the Upper-Tier REMIC to the Excess Reserve Fund Account shall be treated as first distributed by the Securities Administrator to the LIBOR Class X Certificateholders from in respect of the Class X Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account Account. Any Basis Risk Carry Forward Amounts paid by the Securities Administrator to the Offered Certificateholders shall be accounted for by the Securities Administrator, for federal income tax purposes, Administrator as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Offered Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Offered Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Master Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted amount deposited by such the Master Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.253.12(c) in connection with losses on Permitted Investments; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, the Servicer may at any time direct the Master Servicer in writing to withdraw such amount from the Master Servicer Account, any provision herein to the contrary notwithstanding. In the event that the Master Servicer shall remit any amount not required to be remitted, the Master Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Master Servicer or Securities Administrator, as applicable, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator on behalf of the Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gsamp Trust 2004-Sd1)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior Amounts. On the Closing Date, the Depositor shall cause to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from deposited $1,000 in the Excess Reserve Fund Account and then from Account. On each Distribution Date, the Supplemental Interest TrustSecurities Administrator shall deposit the amount of any Basis Risk Payment received by it for such date into the Excess Reserve Fund Account. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(K), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(J)) and (y) the aggregate Basis Risk Carry Forward Amount Amounts of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(L). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper-Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for treated as distributions by the Securities Administrator, for federal income tax purposes, as amounts paid first Administrator to the Holders of the Class X Certificates (Certificateholders in respect of the Class X Interest) Interest and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written contributed by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a)Account.
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2005-7)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap ReceiptsReceipts or Cap Payments). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(J), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K4.02(a)(iii)(A)-(I) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.02(a)(iii)(K). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and and, without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) ), subject to the obligation to pay Class IO Shortfalls, as rights in and obligations under a separate limited recourse interest rate cap notional principal contract written by between the Class X Certificateholders in favor of and Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under laws, rules and regulations applicable to banking institutions, including those relating to the USA Patriot Act funding of 2001terrorist activities and money laundering, the Securities Administrator shall obtain Deutsche Bank is required to obtain, verify and verify record certain information relating to individuals and documentation from the other parties to this Agreement including, but not limited toentities which maintain a business relationship with Deutsche Bank. Accordingly, each of the parties agrees to provide to Deutsche Bank upon its request from time to time such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the complete name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to information, together with copies of such party's constituting documentation, securities disclosure documentation and such other identifying documentation as may be providedavailable for such party.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-H1)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(J), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K4.02(a)(iii)(A)-(H) and without regard to the reduction in clause (iiiii) of the definition thereof for any Basis Risk Carry Forward Amounts Payment or any Defaulted Swap Termination Payment) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.02(a)(iii)(J). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities AdministratorTrustee, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and and, without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such the Servicer to the Securities Administrator Trustee in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities AdministratorTrustee, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act laws, rules and regulations applicable to banking institutions, including those relating to the funding of 2001terrorist activities and money laundering, the Securities Administrator shall obtain Trustee is required to obtain, verify and verify record certain information relating to individuals and documentation from entities which maintain a business relationship with the other parties to this Agreement including, but not limited toTrustee. Accordingly, each of the parties agrees to provide to the Trustee upon its request from time to time such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the complete name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to information, together with copies of such party's constituting documentation, securities disclosure documentation and such other identifying documentation as may be providedavailable for such party.
Appears in 1 contract
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(J), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K4.02(a)(iii)(A)-(I) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment) and (y) the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.02(a)(iii)(K). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) subject to the obligation to pay Class IO Shortfalls, as rights in and obligations under a separate limited recourse interest rate cap notional principal contract written by between the Class X Certificateholders in favor of and Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such the Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under laws, rules and regulations applicable to banking institutions, including those relating to the USA Patriot Act funding of 2001terrorist activities and money laundering, the Securities Administrator shall obtain Deutsche Bank is required to obtain, verify and verify record certain information relating to individuals and documentation from the other parties to this Agreement including, but not limited toentities which maintain a business relationship with Deutsche Bank. Accordingly, each of the parties agrees to provide to Deutsche Bank upon its request from time to time such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the complete name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to information, together with copies of such party's constituting documentation, securities disclosure documentation and such other identifying documentation as may be providedavailable for such party.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-He2)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to pay to the LIBOR Offered Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Offered Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(E), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(D)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(F). In the event that the Class Certificate Balance of any Class of Certificates is permanently reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries)Dates, even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper-Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be treated as first distributed by the Trustee to the Class X Certificateholders in respect of the Class X Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts paid by the Trustee to the Offered Certificateholders shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Offered Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Offered Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) . In order to comply with its duties under the USA Patriot Act of 2001Act, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties owners of the accounts that the Trustee establishes pursuant to this Agreement including, but not limited to, each such partyaccount owner's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp Gsaa Trust 2004-Nc1)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iiiii) of the definition thereof for any Basis Risk Carry Forward Amounts Payment or any Defaulted Swap Termination Payment) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities AdministratorTrustee, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such the Servicer to the Securities Administrator Trustee in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities AdministratorTrustee, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank the Trustee will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with itthe Trustee. Deutsche Bank The Trustee will ask for the name, address, tax identification number and other information that will allow Deutsche Bank the Trustee to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank The Trustee may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He1)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payment and any Interest Rate Cap Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using Amounts. On each Distribution Date, the Trustee shall deposit the amount of any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Interest Rate Cap Payments for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(G), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(F)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(H)-(I). In the event that the Class Certificate Balance of any Class of Certificates is permanently reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries)Dates, even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be treated as first distributed by the Trustee to the Class X Certificateholders in respect of the Class X Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts paid by the Trustee to the LIBOR Certificateholders shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable either Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-He2)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and any Interest Rate Corridor Payment and to secure their limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Principal Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(K), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(J)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Principal Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.02(a)(iii)(L). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of For all federal income tax purposes, amounts transferred by the Upper-Tier REMIC to the Excess Reserve Fund Account are shall be treated as distributions by the Trustee to the Class X CertificateholdersCertificateholders in respect of the Class X Interest and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Principal Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities AdministratorTrustee, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Principal Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Principal Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer it may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAA Home Equity Trust 2005-10)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment) and (y) the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) subject to the obligation to pay Class IO Shortfalls, as rights in and obligations under a separate limited recourse interest rate cap notional principal contract written by between the Class X Certificateholders in favor of and Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such the Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under laws, rules and regulations applicable to banking institutions, including those relating to the USA Patriot Act funding of 2001terrorist activities and money laundering, the Securities Administrator shall obtain Deutsche Bank is required to obtain, verify and verify record certain information relating to individuals and documentation from the other parties to this Agreement including, but not limited toentities which maintain a business relationship with Deutsche Bank. Accordingly, each of the parties agrees to provide to Deutsche Bank upon its request from time to time such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the complete name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to information, together with copies of such party's constituting documentation, securities disclosure documentation and such other identifying documentation as may be providedavailable for such party.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-He1)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using Amounts. On each Distribution Date, the Securities Administrator shall deposit the amount of any Net Swap Receipts)Basis Risk Payment received by it for such date into the Excess Reserve Fund Account. For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Principal Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(L), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(K)) and (y) the aggregate Basis Risk Carry Forward Amount of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(L). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator For all federal income tax purposes, amounts transferred to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for treated as distributions by the Securities Administrator, for federal income tax purposes, as amounts paid first Administrator from the Class X REMIC to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written contributed by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a)Account.
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-6)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap ReceiptsReceipt Amounts, if applicable). On each Distribution Date, the Securities Administrator shall deposit the amount of any Basis Risk Payment received by it for such date into the Excess Reserve Fund Account. For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Principal Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(d), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(a)-(c)) and (y) the aggregate Basis Risk Carry Forward Amount of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account and the Supplemental Interest Account amounts necessary (including Net Swap Payment Amounts or Swap Termination Payments (other than amounts received pursuant to an ISDA Credit Support Annex negotiated between the Trust and the Swap Provider and provided, that Net Swap Payment Amounts shall only be distributed to the holders of the Floating Rate Certificates)) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(e). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator For all federal income tax purposes, amounts transferred to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for treated as distributions by the Securities Administrator, for federal income tax purposes, as amounts paid first Administrator from the Upper-Tier REMIC to the Holders of Class X Interest and from the Class X REMIC to the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written contributed by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a)Account.
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2007-3)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) subject to the obligation to pay Class IO Shortfalls, as rights in and obligations under a separate limited recourse interest rate cap notional principal contract written by between the Class X Certificateholders in favor of and Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under laws, rules and regulations applicable to banking institutions, including those relating to the USA Patriot Act funding of 2001terrorist activities and money laundering, the Securities Administrator shall obtain Deutsche Bank is required to obtain, verify and verify record certain information relating to individuals and documentation from the other parties to this Agreement including, but not limited toentities which maintain a business relationship with Deutsche Bank. Accordingly, each of the parties agrees to provide to Deutsche Bank upon its request from time to time such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the complete name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to information, together with copies of such party's constituting documentation, securities disclosure documentation and such other identifying documentation as may be providedavailable for such party.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He8)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and any Interest Rate Corridor Payment and to secure their limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Trustee shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payment and any Interest Rate Corridor Payment for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(G), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(F)) and (y) the aggregate Basis Risk Carry Forward Amount Amounts of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account amounts necessary (including Interest Rate Corridor Payments) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.01(a)(iii)(H)-(I). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred by the Upper-Tier REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Trustee to the Class X Certificateholders in respect of the Class X Interest and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Principal Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities AdministratorTrustee, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Principal Certificates. In addition, the Securities Administrator Trustee shall account for the Principal Certificateholders' rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of the Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments distributions from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.01(a) and Sections 4.01(a)(iii)(H) - (I).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer the Servicers to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Servicing Agreements; and
(ivii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable any Servicer shall remit any amount not required to be remittedremitted pursuant to the applicable Servicing Agreement, and such Servicer may at any time direct directs the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein the Trustee shall return such funds to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Accountapplicable Servicer. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02Sections 4.01 or 6.03.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(J), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(I)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(I). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper-Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be treated as first distributed by the Trustee to the Class X Certificateholders in respect of the Class X Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts paid by the Trustee to the LIBOR Certificateholders shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Master Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Master Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to received from the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Mortgage Pool Insurer under the Mortgage Pool Insurance Policy; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Master Servicer shall remit any amount not required to be remitted, such the Master Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement Agreement, including, but not limited to, each such party's ’s name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-S2)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(H), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K4.02(a)(iii)(A)-(G) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Paymentthereof) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.02(a)(iii)(I). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities AdministratorTrustee, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer the Servicers to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such Servicer the Servicers pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer the Servicers to the Securities Administrator Trustee in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable any Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities AdministratorTrustee, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-He3)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to pay to the LIBOR Offered Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Offered Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(H), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(G)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(I). In the event that the Class Certificate Balance of any Class of Certificates is permanently reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries)Dates, even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper-Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be treated as first distributed by the Trustee to the Class X Certificateholders in respect of the Class X Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts paid by the Trustee to the Offered Certificateholders shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Offered Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Offered Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GS Mortgage GSAMP Trust 2004-Sea2)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Securities Administrator shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payment received by it for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(L), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(K)) and (y) the aggregate Basis Risk Carry Forward Amount of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(L). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator For all federal income tax purposes, amounts transferred to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for treated as distributions by the Securities Administrator, for federal income tax purposes, as amounts paid first Administrator from the Class X REMIC to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written contributed by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a)Account.
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer may at any time direct the Securities Administrator in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-7)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts Payment or any Defaulted Swap Termination Payment) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities AdministratorTrustee, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such the Servicer to the Securities Administrator Trustee in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities AdministratorTrustee, which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain obtain, verify and verify record certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, tax identification number, formation documents (e.g., articles of incorporation) and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(J), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(I)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(MSections 4.02(a)(iii)(K). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury Regulations Section 1.860G-2(h) and not as an asset of any either Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Basis Risk Carry Forward Amounts distributed For all federal income tax purposes, amounts transferred by the Securities Administrator Upper-Tier REMIC to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be treated as first distributed by the Trustee to the Class X Certificateholders in respect of the Class X Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts paid by the Trustee to the LIBOR Certificateholders shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to received from the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Mortgage Pool Insurer under the Mortgage Pool Insurance Policy; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement Agreement, including, but not limited to, each such party's ’s name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (FFMLT Trust 2005-Ffa)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to pay to the LIBOR Certificateholders and the Class M-5, Class M-6 and Class M-7 Certificates any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR CertificatesCertificates or the Class M-5, Class M-6, or Class M-7 Certificates after application of any payments from the Supplemental Interest Trust, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(H), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(G)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates and the Class M-5, Class M-6 and Class M-7 Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.02(a)(iii)(I). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred by the Upper-Tier REMIC to the Excess Reserve Fund Account shall be treated as first distributed by the Trustee to the Class X Certificateholders in respect of the Class UT-X Interest, and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Certificateholders from and the Excess Reserve Fund Account Class M-5, Class M-6 and Class M-7 Certificates shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Certificates and the Class M-5, Class M-6 and Class M-7 Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates and the Class M-5, Class M-6 and Class M-7 Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such the Servicer may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under laws, rules and regulations applicable to banking institutions, including those relating to the USA Patriot Act funding of 2001terrorist activities and money laundering, the Securities Administrator shall obtain Trustee is required to obtain, verify and verify record certain information relating to individuals and documentation from entities which maintain a business relationship with the other parties to this Agreement including, but not limited toTrustee. Accordingly, each of the parties agrees to provide to the Trustee upon its request from time to time such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the complete name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to information, together with copies of such party's constituting documentation, securities disclosure documentation and such other identifying documentation as may be providedavailable for such party.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-S6)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and secure their limited recourse obligation to pay to the LIBOR Offered Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts)Amounts. For On each Distribution Date, the avoidance Trustee shall deposit the amount of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from Payment for such date into the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(g), the lesser of the Class X Distributable Amount (without regard to the reduction in the definition thereof with respect to the Basis Risk Carry Forward Amount) (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(F)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes on a pro rata basis based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution4.02(a)(iii)(H) hereof. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset outside reserve fund within the meaning of a grantor trust under subpart E, Part I of subchapter J of the Code Treasury regulation 1.860G-2(h) and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners owner of the Excess Reserve Fund Account are is the Class X CertificateholdersCertificateholder. For all federal income tax purposes, amounts transferred by the Upper Tier REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Trustee to the Class X Certificateholder. Any Basis Risk Carry Forward Amounts distributed paid by the Securities Administrator Trustee to the LIBOR Offered Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) Certificate and then to the respective Class or Classes of LIBOR Offered Certificates. In addition, the Securities Administrator Trustee shall account for the Offered Certificateholders' rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Classthe Offered Certificateholders. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.28(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. ; and
(iv) In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer it may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp Mort Pas THR Cert Ser 2002 Nc1)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class N and Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments and Payment to pay to the LIBOR Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAmounts. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class of LIBOR Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(G), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(F)) and the aggregate Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.02(a)(iii)(H) and (I). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class N and Class X CertificateholdersCertificateholders (or a partnership, the beneficial holders of which are the Class N and Class X Certificates, as the case may be). For all federal income tax purposes, amounts transferred by the Class X REMIC to the Excess Reserve Fund Account shall be treated as distributions by the Trustee, for federal income tax purposes, in respect of the Class X/N Regular Interest from the Class X REMIC to the Class N and Class X Certificateholders (or to a partnership, the beneficial holders of which are the Class N and Class X Certificates, as the case may be). Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, Trustee as amounts paid first to the Holders of the Class N and Class X Certificates (or a partnership, the beneficial holders of which are the Class N and Class X Certificates, as the case may be) (as recipient of 100% of amounts payable in respect of the Class X X/N Regular Interest) and then to the respective Class or Classes of LIBOR Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class N and Class X Certificateholders (or such partnership) in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer it may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GS Mortgage Securities Corp GSAMP Trust 2004-Nc2)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator Trustee shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, to receive that portion of the distributions on the Class X Interest up to an amount equal to any Upper Tier Carry Forward Amounts or any Basis Risk Payments and to pay to the LIBOR Offered Certificateholders any Upper Tier Carry Forward Amounts or Basis Risk Carry Forward Amounts (prior to using any Net Swap Receipts). For the avoidance of doubt, Upper Tier Carry Forward Amounts and then any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Offered Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists an Upper Tier Carry Forward Amount or a Basis Risk Carry Forward Amount on any Class of LIBOR Offered Certificates, the Securities Administrator Trustee shall (1) withdraw from the Distribution Account and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.02(a)(iii)(H), the lesser of the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any Basis Risk Carry Forward Amounts or any Defaulted Swap Termination Payment4.02(a)(iii)(A)-(G)) and the aggregate Upper Tier Carry Forward Amount or Basis Risk Carry Forward Amount and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Offered Certificates the applicable Upper Tier Carry Forward Amounts or Basis Risk Carry Forward Amounts. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.02(a)(iii)(I). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Upper Tier Carry Forward Amounts or Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator Trustee shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. Any Upper Tier Carry Forward Amounts or Basis Risk Carry Forward Amounts distributed by the Securities Administrator Trustee to the LIBOR Offered Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities AdministratorTrustee, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR Offered Certificates. In addition, the Securities Administrator Trustee shall account for the rights of Holders of each Class of LIBOR Offered Certificates to receive payments of Upper Tier Carry Forward Amounts or Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator Trustee shall not be required to make any payments from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a).
(b) The Securities Administrator Trustee shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator Trustee shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such the Servicer to the Securities Administrator Trustee pursuant to Section 3.11;
(ii) any amount deposited by such the Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25; and
(iviii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable Servicer shall remit any amount not required to be remitted, such Servicer it may at any time direct the Securities Administrator Trustee in writing to withdraw such amount from the Distribution Account, any provision herein to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, Trustee which describes the amounts deposited in error in the Distribution Account. All funds deposited in the Distribution Account shall be held by the Securities Administrator Trustee in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.02.
(c) In order to comply with its duties under the USA Patriot Act of 2001, the Securities Administrator Trustee shall obtain and verify certain information and documentation from the other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be provided.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GS Mortgage GSAMP Trust 2004-Opt)
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using Amounts. On each Distribution Date, the Securities Administrator shall deposit the amount of any Net Swap Receipts)Basis Risk Payment received by it for such date into the Excess Reserve Fund Account. For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Principal Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest TrustAccount. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(c)(11), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(c)(1)-(10)) and (y) the aggregate Basis Risk Carry Forward Amount of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account amounts necessary to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(c)(12). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred to the Excess Reserve Fund Account shall be treated as distributions by the Securities Administrator from the Class X REMIC to the Class X Certificates and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Principal Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR CertificatesPrincipal Certificates in accordance with the priority of payments in this Section 3.01. In addition, the Securities Administrator shall account for the Principal Certificateholders’ rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of the Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments distributions from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.01(a).
(b) The Master Servicer shall establish and maintain a custodial account for the benefit of the Trustee (the “Master Servicer Account”) which account shall be an Eligible Account. The amounts remitted by the Servicers to the Master Servicer on each Remittance Date shall be credited to the Master Servicer Account within two (2) Business Days once the amounts are identified as a remittance in connection with the Trust and reconciled to the reports provided by the Servicer. On the Master Servicer Remittance Date, the Master Servicer shall remit to the Securities Administrator the amounts received from the Servicers on the related Remittance Date, net of any fees, expenses and other amounts payable to the Master Servicer. The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Securities Administrator shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer to the Securities Administrator pursuant to Section 3.11;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investments;
(iii) any amounts remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Master Servicer; and
(ivii) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable any Servicer shall remit any amount not required to be remittedremitted pursuant to the applicable Servicing Agreement, and such Servicer may at any time direct directs the Securities Administrator Master Servicer in writing to withdraw such amount from the Distribution Account, any provision herein the Master Servicer shall return such funds to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Accountapplicable Servicer. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.024.01.
(c) In order From time to comply with its duties under the USA Patriot Act of 2001time, the Securities Administrator shall obtain and verify certain information and documentation from the may also establish any other parties to this Agreement including, but not limited to, each such party's name, address, and other identifying information. To help fight the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask accounts for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles purposes of incorporation, an offering memorandum, or other identifying documents to be providedcarrying out its duties hereunder.
Appears in 1 contract
Excess Reserve Fund Account; Distribution Account. (a) The Securities Administrator shall establish and maintain the Excess Reserve Fund Account, on behalf of the Class X Certificateholders, Account to receive that portion of the distributions on the Class X Interest up to an amount equal to any Basis Risk Payments Payment and to secure their limited recourse obligation to pay to the LIBOR Principal Certificateholders any Basis Risk Carry Forward Amounts (prior to using any Net Swap ReceiptsReceipt Amounts, if applicable). On each Distribution Date, the Securities Administrator shall deposit the amount of any Basis Risk Payment received by it for such date into the Excess Reserve Fund Account. For the avoidance of doubt, any Basis Risk Carry Forward Amounts shall be paid to the LIBOR Principal Certificates first from the Excess Reserve Fund Account and then from the Supplemental Interest Trust. On each Distribution Date on which there exists a Basis Risk Carry Forward Amount on any Class or Classes of LIBOR Principal Certificates, the Securities Administrator shall (1) withdraw from the Distribution Account Account, to the extent of funds available therefor in the Distribution Account, and deposit in the Excess Reserve Fund Account, as set forth in Section 4.02(a)(iii)(L4.01(a)(iii)(K), the lesser of (x) the Class X Distributable Amount (to the extent remaining after the distributions specified in Sections 4.02(a)(iii)(A)-(K) and without regard to the reduction in clause (iii) of the definition thereof for any with respect to Basis Risk Carry Forward Amounts or any Defaulted Swap Termination PaymentPayments) (to the extent remaining after the distributions specified in Sections 4.01(a)(iii)(A)-(J)) and (y) the aggregate Basis Risk Carry Forward Amount of the Principal Certificates for such Distribution Date and (2) withdraw from the Excess Reserve Fund Account and the Supplemental Interest Trust amounts necessary (including Net Swap Receipt Amounts or Swap Termination Payments (other than amounts received pursuant to an ISDA Credit Support Annex negotiated between the Trust and the Swap Provider and provided that Net Swap Receipt Amounts shall only be distributed to the holders of the Principal Certificates)) to pay to such Class or Classes of LIBOR Certificates the applicable related Basis Risk Carry Forward AmountsAmount. Such payments, along with payments from the Supplemental Interest Trust, shall be allocated to those Classes based upon the amount of Basis Risk Carry Forward Amount owed to each such Class and shall be paid in the priority set forth in Section 4.02(a)(iii)(M4.01(a)(iii)(L). In the event that the Class Certificate Balance of any Class of Certificates is reduced because of Applied Realized Loss Amounts, the applicable Certificateholders will not be entitled to receive Basis Risk Carry Forward Amounts on the written down amounts on such Distribution Date or any future Distribution Dates (except to the extent such Class Certificate Balance is increased as a result of any Subsequent Recoveries), even if funds are otherwise available for distribution. The Securities Administrator shall account for the Excess Reserve Fund Account as an asset of a grantor trust under subpart E, Part I of subchapter J of the Code and not as an asset of any Trust REMIC created pursuant to this Agreement. The beneficial owners of the Excess Reserve Fund Account are the Class X Certificateholders. For all federal income tax purposes, amounts transferred to the Excess Reserve Fund Account shall be treated as distributions by the Securities Administrator from the Upper-Tier REMIC to the Class X Interest and from the Class X REMIC to the Class X Certificates and then contributed by the Class X Certificateholders to the Excess Reserve Fund Account. Any Tax Basis Risk Carry Forward Amounts distributed by the Securities Administrator to the LIBOR Principal Certificateholders from the Excess Reserve Fund Account shall be accounted for by the Securities Administrator, for federal income tax purposes, as amounts paid first to the Holders of the Class X Certificates (in respect of the Class X Interest) and then to the respective Class or Classes of LIBOR CertificatesPrincipal Certificates in accordance with the priority of payments in this Section 3.01. In addition, the Securities Administrator shall account for the Principal Certificateholders’ rights of Holders of each Class of LIBOR Certificates to receive payments of Basis Risk Carry Forward Amounts from the Excess Reserve Fund Account (along with payments of Basis Risk Carry Forward Amounts and without duplication, Upper-Tier Carry Forward Amounts from the Supplemental Interest Trust) as rights in a separate limited recourse interest rate cap contract written by the Class X Certificateholders in favor of the Holders of each such Class. Notwithstanding any provision contained in this Agreement, the Securities Administrator shall not be required to make any payments distributions from the Excess Reserve Fund Account except as expressly set forth in this Section 3.27(a3.01(a).
(b) The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The amount remitted by the Servicer to the Master Servicer on each Remittance Date shall be credited to the Distribution Account within two (2) Business Days once the amounts are identified as a remittance in connection with the Trust and reconciled to the reports provided by the Servicer. The Securities Administrator shall establish and maintain the Distribution Account on behalf of the Certificateholders. The Master Servicer shall, promptly upon receipt on the Business Day received, deposit in the Distribution Account and retain therein the following:
(i) the aggregate amount remitted by such Servicer the Servicers to the Securities Administrator Master Servicer pursuant to Section 3.11the Servicing Agreements;
(ii) any amount deposited by such Servicer pursuant to Section 3.12(b) in connection with any losses on Permitted Investmentsamounts remitted as a result of the operation of the Primary Mortgage Insurance Policy, if applicable;
(iii) any Net Swap Receipt Amounts or Swap Termination Payments (other than amounts received pursuant to an ISDA Credit Support Annex negotiated between the Trust and the Swap Provider) remitted by such Servicer to the Securities Administrator in respect of Compensating Interest pursuant to Section 3.25Swap Provider; and
(iv) any other amounts deposited hereunder which are required to be deposited in the Distribution Account. In the event that the applicable any Servicer shall remit any amount not required to be remittedremitted pursuant to the applicable Servicing Agreement, and such Servicer may at any time direct directs the Securities Administrator Master Servicer in writing to withdraw such amount from the Distribution Account, any provision herein the Master Servicer shall return such funds to the contrary notwithstanding. Such direction may be accomplished by delivering notice to the Securities Administrator, which describes the amounts deposited in error in the Distribution Accountapplicable Servicer. All funds deposited in the Distribution Account shall be held by the Securities Administrator in trust for the Certificateholders until disbursed in accordance with this Agreement or withdrawn in accordance with Section 4.024.01.
(c) In order From time to comply with its duties under the USA Patriot Act of 2001time, the Securities Administrator shall obtain and verify certain information and documentation from may also establish any other accounts for the other parties to this Agreement purposes of carrying out its duties hereunder (including, but not limited towithout limitation, each such party's name, address, and other identifying information. To help fight any account necessary under the funding of terrorism and money laundering activities, Deutsche Bank will obtain, verify, and record information that identifies individuals or entities that establish a relationship or open an account with it. Deutsche Bank will ask for the name, address, tax identification number and other information that will allow Deutsche Bank to identify the individual or entity who is establishing the relationship or opening the account. Deutsche Bank may also ask for formation documents such as articles of incorporation, an offering memorandum, or other identifying documents to be providedInterest Rate Swap Agreements).
Appears in 1 contract