Common use of Final Maturity Reserve Account Clause in Contracts

Final Maturity Reserve Account. No later than the Closing Date, the Paying Agent shall establish and maintain in the name of the Holders of the Senior and Subordinate Certificates, the Final Maturity Reserve Account as a segregated trust account. The Paying Agent shall keep records that accurately reflect the funds on deposit in the Final Maturity Reserve Account. If, on the Distribution Date occurring in February, 2013, or on any Distribution Date thereafter, any Offered Certificates are outstanding and the aggregate Stated Principal Balance of the Mortgage Loans with original terms to maturity in excess of 30 years is (i) greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 2 of Schedule C hereto, but less than column 1 thereto, or (ii) greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 1 of Schedule C hereto, then the Trustee shall deposit into the Final Maturity Reserve Account, from Interest Funds with respect to such Distribution Date, the Coupon Strip for such Distribution Date, in accordance with the payment priority set forth in Section 6.01(a)(first). If, on any Distribution Date occurring after the Distribution Date in February, 2013, any amounts on deposit in the Final Maturity Reserve Account exceed the lesser of (i) the aggregate Current Principal Amount of the Class A and Class B Certificates as of such date, and (ii) the aggregate Stated Principal Balance of the Mortgage Loans with original terms to maturity in excess of 30 years as of such date, an amount equal to such excess shall be shall be distributed by the Trustee to the Class B-IO Certificates on such Distribution Date as a part of the Class B-IO Distribution Amount. On the earlier of the Distribution Date in occurring in February 2013 and the Distribution Date on which the final distribution of payments from the Mortgage Loans and the other assets in the trust is expected to be made, funds on deposit in the Final Maturity Reserve Account will be distributed to the Certificates in the following order of priority: first, to the Class A Certificates, pro rata in accordance with their outstanding Current Principal Amounts, until the Current Principal Amount of each such Class is reduced to zero; second, to the Class M-1, Class M-2, Class M-3, Class B-1, Class B-2 and Class B-3 Certificates, sequentially, in that order, until the Current Principal Amount of each such Class is reduced to zero, after giving effect to principal distributions on such Distribution Date; third, to each class of Senior and Subordinate Certificates, any Current Interest and Interest Carry Forward Amount for each such Class remaining unpaid after giving effect to distributions of Interest Funds on such Distribution Date in accordance with the payment priorities set forth in Section 6.01(a); fourth, to each class of Senior and Subordinate Certificates, any Basis Risk Shortfall Carry Forward Amount for each such class remaining unpaid after giving effect to the distributions on such Distribution Date in accordance with payment priorities set forth in Sections 6.01(a); and

Appears in 2 contracts

Samples: Grantor Trust Agreement (GreenPoint Mortgage Funding Trust 2005-Ar1), Pooling and Servicing Agreement (GreenPoint Mortgage Funding Trust 2005-Ar1)

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Final Maturity Reserve Account. No later than the Closing Date, the Paying Agent shall establish and maintain in the name of the Holders of the Senior and Subordinate Group I Certificates, the Final Maturity Reserve Account as a segregated trust account. The Paying Agent shall keep records that accurately reflect the funds on deposit in the Final Maturity Reserve Account. The Paying Agent will invest funds deposited in the Final Maturity Reserve Account as directed by the Class I-B-IO Certificateholders in writing in Permitted Investments with a maturity date no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from the Final Maturity Reserve Account pursuant to this Agreement. If no written direction with respect to such Permitted Investment shall be received by the Paying Agent from the Class I-B-IO Certificateholders, then funds in the Final Maturity Reserve Account shall be invested in the Xxxxx Fargo Prime Advantage Money Market Fund. All income and gain realized from investment of funds deposited in the Final Maturity Reserve Account shall be for the sole and exclusive benefit of the Class I-B-IO Certificateholders. If, on the Distribution Date occurring in February, 2013May 2017, or on any Distribution Date thereafter, any Offered Group I Certificates are outstanding and the aggregate Stated Principal Balance of the Group I Mortgage Loans with original terms to maturity in excess of 30 years is (i) is greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 2 of Schedule C hereto, but less than column 1 thereto, or (ii) greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 1 of Schedule C A hereto, then the Trustee shall deposit into the Final Maturity Reserve Account, from Interest Funds with respect to such Distribution Date, the Coupon Strip for such Distribution Date, in accordance with the payment priority set forth in Section 6.01(a)(first), until the amount on deposit in the Final Maturity Reserve Account is equal to the Final Maturity Reserve Account Target. If, on any Distribution Date occurring after the Distribution Date in February, 2013Date, any amounts on deposit in the Final Maturity Reserve Account exceed the lesser of (i) the aggregate Current Principal Amount of the Class A and Class B Group I Certificates as of such date, and (ii) the aggregate Stated Principal Balance of the Group I Mortgage Loans with original terms to maturity in excess of 30 years as of such date, an amount equal to such excess shall be shall be distributed by the Trustee to the Class I-B-IO Certificates on such Distribution Date as a part of the Class I-B-IO Distribution Amount. On the earlier of (i) the Distribution Date in occurring in February 2013 April 2037 and (ii) the Distribution Date on which the final distribution of payments from the Group I Mortgage Loans and the other assets in the trust is expected to be made, funds on deposit in the Final Maturity Reserve Account will be distributed to the Certificates in the following order of priority: priority (provided, however, if the Group I Mortgage Loans are purchased on the related Optional Termination Date, the funds on deposit in the Final Maturity Reserve Account will be used to make payments in accordance with priorities fourth and fifth below after application of the Termination Purchase Price): first, to the Class A CertificatesI-A-1, Class I-A-2 and Underlying Class I-A-3 Certificates (or the Swap Counterparty as set forth in the Grantor Trust Agreement), pro rata rata, in accordance with their respective outstanding Current Principal Amounts, Amounts until the Current Principal Amount of each such Class is has been reduced to zero; second, sequentially, to the Class M-1, Class M-2, Class M-3, Class I-B-1, Class B-2 I-B-2, Class I-B-3, Class I-B-4, Class I-B-5, Class I-B-6, Class I-B-7, Class I-B-8 and Class B-3 I-B-9 Certificates, sequentially, in that order, until the Current Principal Amount of each such Class is reduced to zero, after giving effect to principal distributions on such Distribution Date, until the Current Principal Amount of each such Class thereof has been reduced to zero; third, to each class Class of Senior and Subordinate Group I Certificates, any Current Interest and Interest Carry Forward Amount for each such Class remaining unpaid after giving effect to interest distributions of Interest Funds on such Distribution Date in accordance with the payment priorities set forth in Section 6.01(a); fourth, to each class Class of Senior and Subordinate Group I Certificates, any Basis Risk Shortfall Carry Carry-Forward Amount for each such class Class remaining unpaid after giving effect to the distributions on such Distribution Date in accordance with payment priorities set forth in Sections Section 6.01(a); andand fifth, to the Class I-B-IO Certificates, any remaining amounts. The foregoing distributions will be treated as an amount paid by the Holder of the Class I-B-IO Certificates to purchase the outstanding Group I Certificates and will be deemed made pursuant to a mandatory purchase of the Group I Certificates by the Holder of the Class I-B-IO Certificates.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Ar4), Grantor Trust Agreement (Bear Stearns Mortgage Funding Trust 2007-Ar4)

Final Maturity Reserve Account. (a) No later than the Closing Date, the Paying Agent shall establish and maintain in the name of the Holders of the Senior and Subordinate Group I Certificates, the Final Maturity Reserve Account as a segregated trust account. The Paying Agent shall keep records that accurately reflect the funds on deposit in the Final Maturity Reserve Account. (b) The Paying Agent will invest funds deposited in the Final Maturity Reserve Account as directed by the Class I-B-IO Certificateholders in writing in Permitted Investments with a maturity date no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from the Final Maturity Reserve Account pursuant to this Agreement. If no written direction with respect to such Permitted Investment shall be received by the Paying Agent from the Class I-B-IO Certificateholders, then funds in the Final Maturity Reserve Account shall be invested in the Xxxxx Fargo Prime Advantage Money Market Fund. All income and gain realized from investment of funds deposited in the Final Maturity Reserve Account shall be for the sole and exclusive benefit of the Class I-B-IO Certificateholders. (c) If, on the Distribution Date occurring in February, 2013July 2017, or on any Distribution Date thereafter, any Offered Group I Certificates are outstanding and the aggregate Stated Principal Balance of the Group I Mortgage Loans with original terms to maturity in excess of 30 years is (i) is greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 2 of Schedule C hereto, but less than column 1 thereto, or (ii) greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 1 of Schedule C A hereto, then the Trustee shall deposit into the Final Maturity Reserve Account, from Interest Funds with respect to such Distribution Date, the Coupon Strip for such Distribution Date, in accordance with the payment priority set forth in Section 6.01(a)(first). , until the amount on deposit in the Final Maturity Reserve Account is equal to the Final Maturity Reserve Account Target. (d) If, on any Distribution Date occurring after the Distribution Date in February, 2013Date, any amounts on deposit in the Final Maturity Reserve Account exceed the lesser of (i) the aggregate Current Principal Amount of the Class A and Class B Group I Certificates as of such date, and (ii) the aggregate Stated Principal Balance of the Group I Mortgage Loans with original terms to maturity in excess of 30 years as of such date, an amount equal to such excess shall be shall be distributed by the Trustee to the Class I-B-IO Certificates on such Distribution Date as a part of the Class I-B-IO Distribution Amount. . (e) On the earlier of (i) the Distribution Date in occurring in February 2013 June 2037 and (ii) the Distribution Date on which the final distribution of payments from the Group I Mortgage Loans and the other assets in the trust is expected to be made, funds on deposit in the Final Maturity Reserve Account will be distributed to the Certificates in the following order of priority: priority (provided, however, if the Group I Mortgage Loans are purchased on the related Optional Termination Date, the funds on deposit in the Final Maturity Reserve Account will be used to make payments in accordance with priorities fourth and fifth below after application of the Termination Purchase Price): (i) first, to the Class A I-A-1, Class I-A-2, Underlying Class I-A-1B and Underlying Class I-A-2B Certificates (in the case of the Underlying Certificates, to the Swap Counterparty as set forth in the Grantor Trust Agreement), pro rata rata, in accordance with their respective outstanding Current Principal Amounts, Amounts until the Current Principal Amount of each such Class is has been reduced to zero; ; (ii) second, sequentially, to the Class M-1, Class M-2, Class M-3, Class I-B-1, Class B-2 I-B-2, Class I-B-3, Class I-B-4, Class I-B-5, Class I-B-6, Class I-B-7, Class I-B-8 and Class B-3 I-B-9 Certificates, sequentially, in that order, until the Current Principal Amount of each such Class is reduced to zero, after giving effect to principal distributions on such Distribution Date; , until the Current Principal Amount of each such Class thereof has been reduced to zero; (iii) third, to each class Class of Senior and Subordinate Group I Certificates, any Current Interest and Interest Carry Forward Amount for each such Class remaining unpaid after giving effect to interest distributions of Interest Funds on such Distribution Date in accordance with the payment priorities set forth in Section 6.01(a); ; (iv) fourth, to each class Class of Senior and Subordinate Group I Certificates, any Basis Risk Shortfall Carry Carry-Forward Amount for each such class Class remaining unpaid after giving effect to the distributions on such Distribution Date in accordance with payment priorities set forth in Sections Section 6.01(a); and (v) fifth, to the Class I-B-IO Certificates, any remaining amounts. (f) The forgoing distributions will be treated as an amount paid by the Holder of the Class I-B-IO Certificates to purchase the outstanding Group I Certificates and will be deemed made pursuant to a mandatory purchase of the Group I Certificates by the Holder of the Class I-B-IO Certificates.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Ar5), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Ar5)

Final Maturity Reserve Account. No later than the Closing Date, the Paying Agent shall establish and maintain in the name of the Holders of the Senior Group I Certificates and Subordinate the Underlying Class I-A-2B Certificates, the Final Maturity Reserve Account as a segregated trust account. The Paying Agent shall keep records that accurately reflect the funds on deposit in the Final Maturity Reserve Account. The Paying Agent will invest funds deposited in the Final Maturity Reserve Account as directed by the Class I-B-IO Certificateholders in writing in Permitted Investments with a maturity date no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from the Final Maturity Reserve Account pursuant to this Agreement. If no written direction with respect to such Permitted Investment shall be received by the Paying Agent from the Class I-B-IO Certificateholders, then funds in the Final Maturity Reserve Account shall be invested in the Wells Fargo Prime Advantage Money Market Fund. All income and gain realized from invxxxxxnt of funds deposited in the Final Maturity Reserve Account shall be for the sole and exclusive benefit of the Class I-B-IO Certificateholders. If, on the Distribution Date occurring in February, 2013November 2016, or on any Distribution Date thereafter, any Offered Group I Certificates are outstanding and the aggregate Stated Principal Balance of the Group I Mortgage Loans with original terms to maturity in excess of 30 years is (i) is greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 2 of Schedule C hereto, but less than column 1 thereto, or (ii) greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 1 of Schedule C A hereto, then the Trustee shall deposit into the Final Maturity Reserve Account, from Interest Funds with respect to such Distribution Date, the Coupon Strip for such Distribution Date, in accordance with the payment priority set forth in Section 6.01(a)(first), until the amount on deposit in the Final Maturity Reserve Account is equal to the Final Maturity Reserve Account Target. If, on any Distribution Date occurring after the Distribution Date in February, 2013Date, any amounts on deposit in the Final Maturity Reserve Account exceed the lesser of (i) the aggregate Current Principal Amount of the Group I Offered Certificates and the Underlying Class A and Class B I-A-2B Certificates as of such date, and (ii) the aggregate Stated Principal Balance of the Group I Mortgage Loans with original terms to maturity in excess of 30 years as of such date, an amount equal to such excess shall be shall be distributed by the Trustee to the Class I-B-IO Certificates on such Distribution Date as a part of the Class I-B-IO Distribution Amount. On the earlier of (i) the Distribution Date in occurring in February 2013 November 2016 and (ii) the Distribution Date on which the final distribution of payments from the Group I Mortgage Loans and the other assets in the trust is expected to be made, funds on deposit in the Final Maturity Reserve Account will be distributed to the Certificates in the following order of priority: priority (provided, however, if the Group I Mortgage Loans are purchased on the related Optional Termination Date, the funds on deposit in the Final Maturity Reserve Account will be used to make payments in accordance with priorities fourth and fifth below after application of the Termination Purchase Price): first, to the Class A I-A-1, Class I-A-2A, Underlying Class I-A-2B (or the Swap Counterparty as set forth in the Grantor Trust Agreement) and Class I-A-3 Certificates, pro rata rata, in accordance with their respective outstanding Current Principal Amounts, Amounts until the Current Principal Amount of each such Class is Amounts thereof have been reduced to zero; second, sequentially, to the Class M-1, Class M-2, Class M-3, Class I-B-1, Class B-2 I-B-2, Class I-B-3, Class I-B-4, Class I-B-5, Class I-B-6, Class I-B-7, Class I-B-8 and Class B-3 I-B-9 Certificates, sequentially, in that order, until the Current Principal Amount of each such Class is reduced to zero, after giving effect to principal distributions on such Distribution Date, until the Current Principal Amounts of each such Class thereof have been reduced to zero; third, to each class Class of Senior Group I Offered Certificates (other than the Grantor Trust Class I-A-2B Certificates) and Subordinate the Underlying Class I-A-2B Certificates, any Current Interest and Interest Carry Forward Amount for each such Class remaining unpaid after giving effect to interest distributions of Interest Funds on such Distribution Date in accordance with the payment priorities set forth in Section 6.01(a); fourth, to each class Class of Senior Group I Offered Certificates (other than the Grantor Trust Class I-A-2B Certificates) and Subordinate the Underlying Class I-A-2B Certificates, any Basis Risk Shortfall Carry Forward Carry-forward Amount for each such class Class remaining unpaid after giving effect to the distributions on such Distribution Date in accordance with payment priorities set forth in Sections Section 6.01(a); andand fifth, to the Class I-B-IO Certificates, any remaining amount. The forgoing distributions will be treated as an amount paid by the holder of the Class I-B-IO Certificates to purchase the outstanding Offered Certificates and will be deemed made pursuant to a mandatory purchase of the Offered Certificates by the holder of the Class I-B-IO Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Ar3)

Final Maturity Reserve Account. No later than the Closing Date, the Paying Agent shall establish and maintain in the name of the Holders of the Senior and Subordinate Group I Certificates, the Final Maturity Reserve Account as a segregated trust account. The Paying Agent shall keep records that accurately reflect the funds on deposit in the Final Maturity Reserve Account. The Paying Agent will invest funds deposited in the Final Maturity Reserve Account as directed by the Class I-B-IO Certificateholders in writing in Permitted Investments with a maturity date no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from the Final Maturity Reserve Account pursuant to this Agreement. If no written direction with respect to such Permitted Investment shall be received by the Paying Agent from the Class I-B-IO Certificateholders, then funds in the Final Maturity Reserve Account shall be invested in the Xxxxx Fargo Prime Advantage Money Market Fund. All income and gain realized from investment of funds deposited in the Final Maturity Reserve Account shall be for the sole and exclusive benefit of the Class I-B-IO Certificateholders. If, on the Distribution Date occurring in February, 2013February 2017, or on any Distribution Date thereafter, any Offered Group I Certificates are outstanding and the aggregate Stated Principal Balance of the Group I Mortgage Loans with original terms to maturity in excess of 30 years is (i) is greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 2 of Schedule C hereto, but less than column 1 thereto, or (ii) greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 1 of Schedule C A hereto, then the Trustee shall deposit into the Final Maturity Reserve Account, from Interest Funds with respect to such Distribution Date, the Coupon Strip for such Distribution Date, in accordance with the payment priority set forth in Section 6.01(a)(first), until the amount on deposit in the Final Maturity Reserve Account is equal to the Final Maturity Reserve Account Target. If, on any Distribution Date occurring after the Distribution Date in February, 2013Date, any amounts on deposit in the Final Maturity Reserve Account exceed the lesser of (i) the aggregate Current Principal Amount of the Class A and Class B Group I Offered Certificates as of such date, and (ii) the aggregate Stated Principal Balance of the Group I Mortgage Loans with original terms to maturity in excess of 30 years as of such date, an amount equal to such excess shall be shall be distributed by the Trustee to the Class I-B-IO Certificates on such Distribution Date as a part of the Class I-B-IO Distribution Amount. On the earlier of (i) the Distribution Date in occurring in February 2013 January 2037 and (ii) the Distribution Date on which the final distribution of payments from the Group I Mortgage Loans and the other assets in the trust is expected to be made, funds on deposit in the Final Maturity Reserve Account will be distributed to the Certificates in the following order of priority: priority (provided, however, if the Group I Mortgage Loans are purchased on the related Optional Termination Date, the funds on deposit in the Final Maturity Reserve Account will be used to make payments in accordance with priorities fourth and fifth below after application of the Termination Purchase Price): first, to the Class A I-A-1, Class I-A-2 and Class I-A-3 Certificates, pro rata rata, in accordance with their respective outstanding Current Principal Amounts, Amounts until the Current Principal Amount of each such Class is Amounts thereof have been reduced to zero; second, sequentially, to the Class M-1, Class M-2, Class M-3, Class I-B-1, Class B-2 I-B-2, Class I-B-3, Class I-B-4, Class I-B-5, Class I-B-6, Class I-B-7, Class I-B-8 and Class B-3 I-B-9 Certificates, sequentially, in that order, until the Current Principal Amount of each such Class is reduced to zero, after giving effect to principal distributions on such Distribution Date, until the Current Principal Amounts of each such Class thereof have been reduced to zero; third, to each class Class of Senior and Subordinate Group I Offered Certificates, any Current Interest and Interest Carry Forward Amount for each such Class remaining unpaid after giving effect to interest distributions of Interest Funds on such Distribution Date in accordance with the payment priorities set forth in Section 6.01(a); fourth, to each class Class of Senior and Subordinate Group I Offered Certificates, any Basis Risk Shortfall Carry Forward Carry-forward Amount for each such class Class remaining unpaid after giving effect to the distributions on such Distribution Date in accordance with payment priorities set forth in Sections Section 6.01(a); andand fifth, to the Class I-B-IO Certificates, any remaining amount. The forgoing distributions will be treated as an amount paid by the holder of the Class I-B-IO Certificates to purchase the outstanding Offered Certificates and will be deemed made pursuant to a mandatory purchase of the Offered Certificates by the holder of the Class I-B-IO Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Ar1)

Final Maturity Reserve Account. No later than the Closing Date, the Paying Agent shall establish and maintain in the name of the Holders of the Senior Certificates and Subordinate Certificatesthe Certificate Insurer, the Final Maturity Reserve Account as a segregated trust account. The Paying Agent shall keep records that accurately reflect the funds on deposit in the Final Maturity Reserve Account. The Paying Agent will invest funds deposited in the Final Maturity Reserve Account as directed by the Class B-IO Certificateholders in writing in Permitted Investments with a maturity date no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from the Final Maturity Reserve Account pursuant to this Agreement. If no written direction with respect to such Permitted Investment shall be received by the Paying Agent from the Class B-IO Certificateholders, then funds in the Final Maturity Reserve Account shall be invested in the Xxxxx Fargo Prime Advantage Money Market Fund. All income and gain realized from investment of funds deposited in the Final Maturity Reserve Account shall be for the sole and exclusive benefit of the Class B-IO Certificateholders. If, on the Distribution Date occurring in February, April 2013, or on any Distribution Date thereafter, any Offered Certificates are outstanding and the aggregate Stated Principal Balance of the Mortgage Loans with original terms to maturity in excess of 30 years is (i) greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 2 of Schedule C hereto, but less than column 1 thereto, or (ii) greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 1 of Schedule C hereto, then the Trustee shall deposit into the Final Maturity Reserve Account, from Interest Funds with respect to such Distribution Date, the Coupon Strip for such Distribution Date, in accordance with the payment priority set forth in Section 6.01(a)(first). If, on any Distribution Date occurring after the Distribution Date in February, 2013March 2036, any amounts on deposit in the Final Maturity Reserve Account exceed the lesser of (i) the aggregate Current Principal Amount of the Class A A, Class M and Class B Certificates as of such date, and (ii) the aggregate Stated Principal Balance of the Mortgage Loans with original terms to maturity in excess of 30 years as of such date, an amount equal to such excess shall be shall be distributed by the Trustee to the Class B-IO Certificates on such Distribution Date as a part of the Class B-IO Distribution Amount. On the earlier of the Distribution Date in occurring in February 2013 March 2036 and the Distribution Date on which the final distribution of payments from the Mortgage Loans and the other assets in the trust is expected to be made, funds on deposit in the Final Maturity Reserve Account will be distributed to the Certificates in the following order of priority: priority (provided, however, if the loans are purchased on the Optional Termination Date, the funds on deposit in the Final Maturity Reserve Account will be used to make payments in accordance with priorities sixth and seventh below after application of the Termination Purchase Price): first, to the Class I-A, Class II-A, Class III-A (or the swap counterparty as set forth in the Grantor Trust Agreement) and Class IV-A Certificates, pro rata rata, in accordance with their respective outstanding Current Principal Amounts, Amounts until the Current Principal Amount of each such Class is Amounts thereof have been reduced to zero; second, Certificate Insurer, any accrued and unpaid Reimbursement Amounts payable to the Certificate Insurer in respect of any Deficiency Amount described in clauses (a)(2) or (b)(y) of such definition; third, sequentially, to the Class M-1X-0, Class M-2Xxxxx X-0, Class M-3, Class B-1, Class B-2 and Class B-3 Certificates, sequentially, in that order, until the Current Principal Amount of each such Class is reduced to zero, after giving effect to principal distributions on such Distribution Date; third, to each class of Senior and Subordinate Certificates, any Current Interest and Interest Carry Forward Amount for each such Class remaining unpaid after giving effect to distributions of Interest Funds on such Distribution Date in accordance with the payment priorities set forth in Section 6.01(a); fourth, to each class of Senior and Subordinate Certificates, any Basis Risk Shortfall Carry Forward Amount for each such class remaining unpaid after giving effect to the distributions on such Distribution Date in accordance with payment priorities set forth in Sections 6.01(a); and;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GreenPoint MFT 2006-Ar2)

Final Maturity Reserve Account. No later than the Closing Date, the Paying Agent shall establish and maintain in the name of the Holders of the Senior Group I Certificates and Subordinate the Underlying Class I-A-2 Certificates, the Final Maturity Reserve Account as a segregated trust account. The Paying Agent shall keep records that accurately reflect the funds on deposit in the Final Maturity Reserve Account. The Paying Agent will invest funds deposited in the Final Maturity Reserve Account as directed by the Class I-B-IO Certificateholders in writing in Permitted Investments with a maturity date no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from the Final Maturity Reserve Account pursuant to this Agreement. If no written direction with respect to such Permitted Investment shall be received by the Paying Agent from the Class I-B-IO Certificateholders, then funds in the Final Maturity Reserve Account shall be invested in the Wells Fargo Prime Advantage Money Market Fund. All income and gain realized from investment of xxxxs deposited in the Final Maturity Reserve Account shall be for the sole and exclusive benefit of the Class I-B-IO Certificateholders. If, on the Distribution Date occurring in February, 2013October 2016, or on any Distribution Date thereafter, up to and including the Distribution Date for the Group I Offered Certificates in October 2036, any Group I Offered Certificates or Underlying Class I-A-2 Certificates are outstanding and the aggregate Stated Principal Balance of the Group I Mortgage Loans with original terms to maturity in excess of 30 years is (i) is greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 2 of Schedule C hereto, but less than column 1 thereto, or (ii) greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 1 of Schedule C A hereto, then the Trustee shall deposit into the Final Maturity Reserve Account, from Interest Funds with respect to such Distribution Date, the Coupon Strip for such Distribution Date, in accordance with the payment priority set forth in Section 6.01(a)(first), until the amount on deposit in the Final Maturity Reserve Account is equal to the Final Maturity Reserve Account Target. If, on any Distribution Date occurring after the Distribution Date in February, 2013Date, any amounts on deposit in the Final Maturity Reserve Account exceed the lesser of (i) the aggregate Current Principal Amount of the Group I Offered Certificates and the Underlying Class A and Class B I-A-2 Certificates as of such date, and (ii) the aggregate Stated Principal Balance of the Group I Mortgage Loans with original terms to maturity in excess of 30 years as of such date, an amount equal to such excess shall be shall be distributed by the Trustee to the Class I-B-IO Certificates on such Distribution Date as a part of the Class I-B-IO Distribution Amount. On the earlier of (i) the Distribution Date in occurring in February 2013 October 2036 and (ii) the Distribution Date on which the final distribution of payments from the Group I Mortgage Loans and the other assets in the trust is expected to be made, funds on deposit in the Final Maturity Reserve Account will be distributed to the Certificates in the following order of priority: priority (provided, however, if the Group I Mortgage Loans are purchased on the related Optional Termination Date, the funds on deposit in the Final Maturity Reserve Account will be used to make payments in accordance with priorities fourth and fifth below after application of the Termination Purchase Price): first, to the Class A I-A-1, Underlying Class I-A-2 (or the Swap Counterparty as set forth in the Grantor Trust Agreement) and Class I-A-3 Certificates, pro rata rata, in accordance with their respective outstanding Current Principal Amounts, Amounts until the Current Principal Amount of each such Class is Amounts thereof have been reduced to zero; second, sequentially, to the Class M-1, Class M-2, Class M-3, Class I-B-1, Class B-2 I-B-2, Class I-B-3, Class I-B-4, Class I-B-5, Class I-B-6, Class I-B-7, Class I-B-8 and Class B-3 I-B-9 Certificates, sequentially, in that order, until the Current Principal Amount of each such Class is reduced to zero, after giving effect to principal distributions on such Distribution Date, until the Current Principal Amounts of each such Class thereof have been reduced to zero; third, to each class Class of Senior Group I Offered Certificates (other than the Grantor Trust Certificates) and Subordinate the Underlying Class I-A-2 Certificates, any Current Interest and Interest Carry Forward Amount for each such Class remaining unpaid after giving effect to interest distributions of Interest Funds on such Distribution Date in accordance with the payment priorities set forth in Section 6.01(a); fourth, to each class Class of Senior Group I Offered Certificates (other than the Grantor Trust Certificates) and Subordinate the Underlying Class I-A-2 Certificates, any Basis Risk Shortfall Carry Forward Carry-forward Amount for each such class Class remaining unpaid after giving effect to the distributions on such Distribution Date in accordance with payment priorities set forth in Sections Section 6.01(a); and) and fifth, to the Class I-B-IO Certificates, any remaining amount. The forgoing distributions will be treated as an amount paid by the holder of the Class I-B-IO Certificates to purchase the outstanding Offered Certificates and will be deemed made pursuant to a mandatory purchase of the Offered Certificates by the holder of the Class I-B-IO Certificates.

Appears in 1 contract

Samples: Grantor Trust Agreement (Bear Stearns Mortage Funding Trust 2006-Ar2)

Final Maturity Reserve Account. No later than the Closing Date, the Paying Agent shall establish and maintain in the name of the Holders of the Senior and Subordinate Group I Certificates, the Final Maturity Reserve Account as a segregated trust account. The Paying Agent shall keep records that accurately reflect the funds on deposit in the Final Maturity Reserve Account. The Paying Agent will invest funds deposited in the Final Maturity Reserve Account as directed by the Class I-B-IO Certificateholders in writing in Permitted Investments with a maturity date no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from the Final Maturity Reserve Account pursuant to this Agreement. If no written direction with respect to such Permitted Investment shall be received by the Paying Agent from the Class I-B-IO Certificateholders, then funds in the Final Maturity Reserve Account shall be invested in the Xxxxx Fargo Prime Advantage Money Market Fund. All income and gain realized from investment of funds deposited in the Final Maturity Reserve Account shall be for the sole and exclusive benefit of the Class I-B-IO Certificateholders. If, on the Distribution Date occurring in February, 2013April 2017, or on any Distribution Date thereafter, any Offered Group I Certificates are outstanding and the aggregate Stated Principal Balance of the Group I Mortgage Loans with original terms to maturity in excess of 30 years is (i) is greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 2 of Schedule C hereto, but less than column 1 thereto, or (ii) greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 1 of Schedule C A hereto, then the Trustee shall deposit into the Final Maturity Reserve Account, from Interest Funds with respect to such Distribution Date, the Coupon Strip for such Distribution Date, in accordance with the payment priority set forth in Section 6.01(a)(first), until the amount on deposit in the Final Maturity Reserve Account is equal to the Final Maturity Reserve Account Target. If, on any Distribution Date occurring after the Distribution Date in February, 2013Date, any amounts on deposit in the Final Maturity Reserve Account exceed the lesser of (i) the aggregate Current Principal Amount of the Class A and Class B Group I Offered Certificates as of such date, and (ii) the aggregate Stated Principal Balance of the Group I Mortgage Loans with original terms to maturity in excess of 30 years as of such date, an amount equal to such excess shall be shall be distributed by the Trustee to the Class I-B-IO Certificates on such Distribution Date as a part of the Class I-B-IO Distribution Amount. On the earlier of (i) the Distribution Date in occurring in February 2013 March 2037 and (ii) the Distribution Date on which the final distribution of payments from the Group I Mortgage Loans and the other assets in the trust is expected to be made, funds on deposit in the Final Maturity Reserve Account will be distributed to the Certificates in the following order of priority: priority (provided, however, if the Group I Mortgage Loans are purchased on the related Optional Termination Date, the funds on deposit in the Final Maturity Reserve Account will be used to make payments in accordance with priorities fourth and fifth below after application of the Termination Purchase Price): 116 first, to the Class A I-A-1, Class I-A-2 and Class I-A-3 Certificates, pro rata rata, in accordance with their respective outstanding Current Principal Amounts, Amounts until the Current Principal Amount of each such Class is Amounts thereof have been reduced to zero; second, sequentially, to the Class M-1, Class M-2, Class M-3, Class I-B-1, Class B-2 I-B-2, Class I-B-3, Class I-B-4, Class I-B-5, Class I-B-6, Class I-B-7, Class I-B-8 and Class B-3 I-B-9 Certificates, sequentially, in that order, until the Current Principal Amount of each such Class is reduced to zero, after giving effect to principal distributions on such Distribution Date, until the Current Principal Amounts of each such Class thereof have been reduced to zero; third, to each class Class of Senior and Subordinate Group I Offered Certificates, any Current Interest and Interest Carry Forward Amount for each such Class remaining unpaid after giving effect to interest distributions of Interest Funds on such Distribution Date in accordance with the payment priorities set forth in Section 6.01(a); fourth, to each class Class of Senior and Subordinate Group I Offered Certificates, any Basis Risk Shortfall Carry Forward Amount for each such class Class remaining unpaid after giving effect to the distributions on such Distribution Date in accordance with payment priorities set forth in Sections Section 6.01(a); andand fifth, to the Class I-B-IO Certificates, any remaining amounts. The forgoing distributions will be treated as an amount paid by the holder of the Class I-B-IO Certificates to purchase the outstanding Offered Certificates and will be deemed made pursuant to a mandatory purchase of the Offered Certificates by the holder of the Class I-B-IO Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Ar3)

Final Maturity Reserve Account. No later than the Closing Date, the Paying Agent (a) The Trustee shall establish and maintain in its name in its name, as trustee, a trust account entitled “Final Maturity Reserve Account, U.S. Bank National Association, as Trustee, in trust for the name benefit of the Holders of the Senior and Subordinate Xxxxxx XS Trust Mortgage Pass-Through Certificates, Series 2007-2N” (the “Final Maturity Reserve Account”). The Final Maturity Reserve Account shall be an Eligible Account and shall be for the benefit of the related Certificateholders. If the existing Final Maturity Reserve Account ceases to be an Eligible Account, the Trustee shall establish a new Final Maturity Reserve Account that is an Eligible Account within 20 Business Days and transfer all funds and investment property on deposit in such existing Final Maturity Reserve Account into such new Final Maturity Reserve Account. The Final Maturity Reserve Account shall relate solely to the Certificates issued hereunder and funds in the Final Maturity Reserve Account as a segregated trust accountshall be held separate and apart from and shall not be commingled with any other monies including, without limitation, other monies of the Trustee held under this Agreement. The Paying Agent Trustee shall keep records that accurately reflect give to the funds on deposit in Depositor, Master Servicer and any NIMS Insurer prior written notice of the name and address of the depository institution at which the Final Maturity Reserve Account is maintained and the account number of such Final Maturity Reserve Account. Notwithstanding anything herein to the contrary, the Trustee will only establish the Final Maturity Reserve Account if there is any Coupon Strip to be deposited therein. (b) If, on the Distribution Date occurring in February, 2013February 2017, or on any Distribution Date thereafterthereafter through the Distribution Date in February 2037, any Offered Certificates or Class M11 or Class M12 Certificates are outstanding and the aggregate Stated Principal Balance stated principal balance of the Mortgage Loans with original terms to maturity in excess of 30 years is (i) is greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 2 of Schedule C B hereto, but less than column 1 thereto, or (ii) greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 1 of Schedule C hereto, then the Trustee shall deposit from funds available for interest distributions into the Final Maturity Reserve Account, from Interest Funds with respect to such Distribution Date, the Coupon Strip for such Distribution Date, in accordance with the payment priority set forth in Section 6.01(a)(first). If, on any . (c) On each Distribution Date occurring after the Distribution Date in February, 2013Date, any amounts on deposit in the Final Maturity Reserve Account exceed in excess of the lesser of (i) the aggregate Current Class Principal Amount of the Class A Senior Certificates and Class B Subordinate Certificates as of such date, and (ii) the aggregate Stated Principal Balance stated principal balance of the Mortgage Loans with original terms to maturity in excess of 30 years as years, will be used to pay any interest shortfalls to the holders of the Senior Certificates and Subordinate Certificates, in accordance with Sections 5.02(a) and 5.02(b), and any amounts in excess of such dateshortfalls will be applied in accordance with Section 5.02(d) with the following modifications: (i) after giving effect to proposed distributions on any Distribution Date, an amount equal the sum of the cumulative amounts applied in accordance with Section 5.02(d)(ii) pursuant to such excess this sentence, the cumulative amounts applied in accordance with Section 5.02(d)(iii) pursuant to this sentence and the cumulative amounts applied in accordance with Section 5.02(d)(iv) pursuant to this sentence shall be limited to the aggregate amount of cumulative Realized Losses incurred from the Cut-off Date through the last day of the related Collection Period and (ii) “the Class X Distributable Amount” shall be distributed by the Trustee to the Class B-IO Certificates on such Distribution Date as a part of the Class B-IO Distribution Amount. substituted with “any remaining amount”. (d) On the earlier of (x) the Distribution Date in occurring in February 2013 2037 and (y) the Distribution Date on which the final distribution of payments from the Mortgage Loans and the other assets in of the trust Trust Fund is expected to be made, funds any remaining amounts on deposit in the Final Maturity Reserve Account will be distributed to the Offered Certificates and Class M11 and Class M12 Certificates in the following order of priority: first: (1) pro rata, to the Class A each class of Senior Certificates, pro rata in accordance with their respective outstanding Current Class Principal Amounts, until the Current Principal Amount of each such Class is reduced to zero; second, to the Class M-1, Class M-2, Class M-3, Class B-1, Class B-2 and Class B-3 Certificates, sequentially, in that order, until the Current Principal Amount of each such Class is reduced to zero, after giving effect to principal distributions on such Distribution Date; third, until the Class Principal Amount of each such class is reduced to zero; (2) sequentially, to each class of Senior Subordinate Certificates, in accordance with the Subordinate Priority, after giving effect to principal distributions on such Distribution Date, until the Class Principal Amount of each such class is reduced to zero; (3) to each class of Offered Certificates and Subordinate Class M11 and Class M12 Certificates, any Current Interest and Carryforward Interest Carry Forward Amount for each such Class class remaining unpaid after giving effect to interest distributions of Interest Funds on such Distribution Date in accordance with the payment priorities set forth in Section 6.01(aSections 5.02(a) and 5.02(b); fourth, ; (4) to each class of Senior Offered Certificates and Subordinate Class M11 and Class M12 Certificates, any Unpaid Basis Risk Shortfall Carry Forward Amount for each such class remaining unpaid after giving effect to the distributions on such Distribution Date in accordance with payment priorities set forth in Sections 6.01(aSection 5.02(d); and (5) to the Class X Certificates, any remaining amount. (e) The Holders of the Class X Certificates shall direct the Trustee, in writing, as to investment of amounts on deposit in the Final Maturity Reserve Account and shall be liable for any losses incurred on such investments. All such investments shall be Eligible Investments (which may be obligations of the Trustee), must be payable on demand or mature no later than the next Distribution Date and shall not be sold or disposed of prior to their maturity. All such Eligible Investments will be made in the name of the Trustee (in its capacity as such) or its nominee. All income and gain realized from any such investment shall remain in the Final Maturity Reserve Account. For federal income tax purposes, the Final Maturity Reserve Account shall be an “outside reserve fund” within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement, and the Class X Certificates shall evidence ownership of the Final Maturity Reserve Account and shall be taxable on all income earned thereon. In the absence of written instructions from the Class X Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall remain uninvested. (f) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Account shall be treated as selling a portion of its Certificate to the Class X Certificateholder and as having received the amount of the principal payment from the Class X Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Certificate Principal Amount of such Certificate. Principal payments received from the Final Maturity Reserve Account shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account shall be accounted for hereunder in accordance with this Section 4.05(f). In furtherance of the foregoing, distributions and allocations shall continue to be made with respect to the REMIC regular interest represented by the portion of any Certificate that is treated as having been sold to the Class X Certificateholder as if such portion was still outstanding and held by the Class X Certificateholder, provided that the rights of the Class X Certificateholder to any such distributions shall subordinated to the rights of any other Certificateholder (other than the Holder of the Residual Certificates) to receive distributions.

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust Series 2007-2n)

Final Maturity Reserve Account. No later than the Closing Date, the Paying Agent shall establish and maintain in the name of the Holders of the Senior and Subordinate Group I Certificates, the Final Maturity Reserve Account as a segregated trust account. The Paying Agent shall keep records that accurately reflect the funds on deposit in the Final Maturity Reserve Account. The Paying Agent will invest funds deposited in the Final Maturity Reserve Account as directed by the Class I-B-IO Certificateholders in writing in Permitted Investments with a maturity date no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from the Final Maturity Reserve Account pursuant to this Agreement. If no written direction with respect to such Permitted Investment shall be received by the Paying Agent from the Class I-B-IO Certificateholders, then funds in the Final Maturity Reserve Account shall be invested in the Xxxxx Fargo Prime Advantage Money Market Fund. All income and gain realized from investment of funds deposited in the Final Maturity Reserve Account shall be for the sole and exclusive benefit of the Class I-B-IO Certificateholders. If, on the Distribution Date occurring in February, 2013January 2017, or on any Distribution Date thereafter, any Offered Group I Certificates are outstanding and the aggregate Stated Principal Balance of the Group I Mortgage Loans with original terms to maturity in excess of 30 years is (i) is greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 2 of Schedule C hereto, but less than column 1 thereto, or (ii) greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 1 of Schedule C A hereto, then the Trustee shall deposit into the Final Maturity Reserve Account, from Interest Funds with respect to such Distribution Date, the Coupon Strip for such Distribution Date, in accordance with the payment priority set forth in Section 6.01(a)(first), until the amount on deposit in the Final Maturity Reserve Account is equal to the Final Maturity Reserve Account Target. If, on any Distribution Date occurring after the Distribution Date in February, 2013Date, any amounts on deposit in the Final Maturity Reserve Account exceed the lesser of (i) the aggregate Current Principal Amount of the Class A and Class B Group I Offered Certificates as of such date, and (ii) the aggregate Stated Principal Balance of the Group I Mortgage Loans with original terms to maturity in excess of 30 years as of such date, an amount equal to such excess shall be shall be distributed by the Trustee to the Class I-B-IO Certificates on such Distribution Date as a part of the Class I-B-IO Distribution Amount. On the earlier of (i) the Distribution Date in occurring in February 2013 December 2036 and (ii) the Distribution Date on which the final distribution of payments from the Group I Mortgage Loans and the other assets in the trust is expected to be made, funds on deposit in the Final Maturity Reserve Account will be distributed to the Certificates in the following order of priority: priority (provided, however, if the Group I Mortgage Loans are purchased on the related Optional Termination Date, the funds on deposit in the Final Maturity Reserve Account will be used to make payments in accordance with priorities fourth and fifth below after application of the Termination Purchase Price): first, to the Class A I-A-1, Class I-A-2, Class I-A-3 and Class I-A-3 Certificates, pro rata rata, in accordance with their respective outstanding Current Principal Amounts, Amounts until the Current Principal Amount of each such Class is Amounts thereof have been reduced to zero; second, sequentially, to the Class M-1, Class M-2, Class M-3, Class I-B-1, Class B-2 I-B-2, Class I-B-3, Class I-B-4, Class I-B-5, Class I-B-6, Class I-B-7, Class I-B-8 and Class B-3 I-B-9 Certificates, sequentially, in that order, until the Current Principal Amount of each such Class is reduced to zero, after giving effect to principal distributions on such Distribution Date, until the Current Principal Amounts of each such Class thereof have been reduced to zero; third, to each class Class of Senior and Subordinate Group I Offered Certificates, any Current Interest and Interest Carry Forward Amount for each such Class remaining unpaid after giving effect to interest distributions of Interest Funds on such Distribution Date in accordance with the payment priorities set forth in Section 6.01(a); fourth, to each class Class of Senior and Subordinate Group I Offered Certificates, any Basis Risk Shortfall Carry Forward Carry-forward Amount for each such class Class remaining unpaid after giving effect to the distributions on such Distribution Date in accordance with payment priorities set forth in Sections Section 6.01(a); andand fifth, to the Class I-B-IO Certificates, any remaining amount. The forgoing distributions will be treated as an amount paid by the holder of the Class I-B-IO Certificates to purchase the outstanding Offered Certificates and will be deemed made pursuant to a mandatory purchase of the Offered Certificates by the holder of the Class I-B-IO Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Ar5)

Final Maturity Reserve Account. No later than (a) On or before the Closing Date, the Paying Agent Securities Administrator shall establish and maintain in the name a Final Maturity Reserve Account on behalf of the Holders of the Senior and Subordinate Group I Certificates. On the Closing Date, the Depositor shall cause an amount equal to the Final Maturity Reserve Account Deposit to be deposited into the Final Maturity Reserve Account. The Final Maturity Reserve Account must be an Eligible Account. The Final Maturity Reserve Account shall be entitled “Final Maturity Reserve Account, Xxxxx Fargo Bank, N.A. as Securities Administrator on behalf of HSBC Bank USA, National Association as Trustee for the benefit of holders of Group I Certificates”. On each Distribution Date as to which there is a Coupon Strip required to be applied to Group I Offered Certificates, the Securities Administrator shall deposit such Coupon Strip into the Final Maturity Reserve Account, and the Securities Administrator has been directed by the Class I-B-IO Certificateholder, as beneficial owner of the Final Maturity Reserve Account, to distribute amounts in the Final Maturity Reserve Account to the Holders of the Group I Offered Certificates in the manner and priorities set forth in clause (d) below. Any amount paid to the Holders of Group I Offered Certificates pursuant to clause (d) below in respect of Basis Risk Shortfall Carry-Forward Amounts shall be treated as distributed in respect of the Final Maturity IO Interest to the Securities Administrator for deposit into the Final Maturity Reserve Account on behalf of the Holder of the Class I-B-IO Certificates, as beneficial owner of the Final Maturity Reserve Account, and then paid by the Securities Administrator on behalf of the Holder of the Class I-B-IO Certificates to the Holders of the Group I Offered Certificates. Any payments to the Holders of the Group I Offered Certificates in respect of Basis Risk Shortfall Carry-Forward Amounts pursuant to clause (d) below shall not be payments with respect to a Regular Interest in a REMIC within the meaning of Code Section 860(G)(a)(1). (b) The Final Maturity Reserve Account is an “outside reserve fund” within the meaning of Treasury Regulation Section 1.860G-2(h) and shall be an asset of the Trust Fund but not an asset of any REMIC. The Securities Administrator on behalf of the Trust shall be the nominal owner of the Final Maturity Reserve Account. The Class I-B-IO Certificateholder shall be the beneficial owner of the Final Maturity Reserve Account, subject to the power of the Securities Administrator to transfer amounts under clause (d) below. Amounts in the Final Maturity Reserve Account shall, at the direction of the Class I-B-IO Certificateholder, be invested in Permitted Investments that mature no later than the Business Day prior to the next succeeding Distribution Date. All net income and gain from such investments shall be distributed to the Class I-B-IO Certificateholder, not as a segregated trust accountdistribution in respect of any interest in any REMIC, on such Distribution Date. The Paying Agent shall keep records that accurately reflect the funds All amounts earned on amounts on deposit in the Final Maturity Reserve Account. If, on the Distribution Date occurring in February, 2013, or on any Distribution Date thereafter, any Offered Certificates are outstanding and the aggregate Stated Principal Balance of the Mortgage Loans with original terms to maturity in excess of 30 years is (i) greater than or equal Account shall be taxable to the applicable scheduled amount for Class I-B-IO Certificateholder. Any losses on such Distribution Date set forth investments shall be deposited in column 2 of Schedule C hereto, but less than column 1 thereto, or (ii) greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 1 of Schedule C hereto, then the Trustee shall deposit into the Final Maturity Reserve AccountAccount by the Class I-B-IO Certificateholder out of its own funds immediately as realized. In the event that the Class I-B-IO Certificateholder shall fail to provide investment instructions to the Securities Administrator, from Interest Funds with respect to such the amounts on deposit in the Final Maturity Reserve Account shall be held uninvested. (c) On each Distribution Date, the Coupon Strip for such Distribution Date, in accordance with the payment priority set forth in Section 6.01(a)(first). If, on any Distribution Date occurring after the Distribution Date in February, 2013, any amounts on deposit in the Final Maturity Reserve Account exceed in excess of the lesser of (i) the aggregate Current Certificate Principal Amount Balance of the Class A and Class B Group I Offered Certificates as of such date, and (ii) the aggregate Stated Principal Balance of the Mortgage Loans in Loan Group I with original terms to maturity in excess of 30 years as of such dateyears, an amount equal to such excess shall be shall will be distributed by the Trustee to the Class I-B-IO Certificates on such Distribution Date as a part of the Class B-IO Distribution Amount. Certificates. (d) On the earlier of the Distribution Date in occurring in February 2013 May 2036 and the Distribution Date on which the final distribution of payments from the Mortgage Loans in Loan Group I and the other assets in the trust is expected to be made, funds any remaining amounts on deposit in the Final Maturity Reserve Account will be distributed to the Group I Offered Certificates in the following order of priority: first, : (1) to the Class A I-1A Certificates and Class I-2A Certificates, pro rata rata, in accordance with their respective outstanding Current Certificate Principal Amounts, until the Current Principal Amount of each such Class is reduced to zero; second, to the Class M-1, Class M-2, Class M-3, Class B-1, Class B-2 and Class B-3 Certificates, sequentially, in that order, until the Current Principal Amount of each such Class is reduced to zeroBalances, after giving effect to principal distributions on such Distribution Date; third, until the Certificate Principal Balances thereof have been reduced to zero; (2) sequentially, to each class of Senior the Class I-M-1, Class I-M-2, Class I-M--3, Class I-B-1, Class I-B-2, Class I-B-3 and Subordinate Class I-B-4 Certificates, any Current Interest and Interest Carry Forward Amount for each such Class remaining unpaid in that order, after giving effect to distributions of Interest Funds on such Distribution Date in accordance with the payment priorities set forth in Section 6.01(a); fourth, to each class of Senior and Subordinate Certificates, any Basis Risk Shortfall Carry Forward Amount for each such class remaining unpaid after giving effect to the principal distributions on such Distribution Date in accordance with payment priorities set forth in Sections 6.01(a); andDate, until the Certificate Principal Balances thereof have been reduced to zero;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Luminent Mortgage Trust 2006-3)

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Final Maturity Reserve Account. No later than On or prior to the Closing DateDistribution Date in December 2026, the Paying Agent Trustee shall establish and maintain in the name of the Holders Trustee, for the benefit of the Senior Class A-1, Class A-2, Class A-3, Class M-1, Class M-2, Class M-3, Class M-4, Clxxx X-0, Xxxxx M-6 and Subordinate CertificatesClass M-7 Certificateholders, the Final Maturity Reserve Account as a segregated trust account. On each Distribution Date on and after the Distribution Date in December 2026, the Trustee will deposit in the Final Maturity Reserve Account the Final Maturity Reserve Amount for each such Distribution Date as set forth under Section 5.04(a)(iii). The Paying Agent Final Maturity Reserve Account constitutes an "outside reserve fund" within the meaning of Treasury Regulation ss. 1.860G-2(h), and amounts on deposit in the Final Maturity Reserve Account will constitute an asset of the Trust but will not be an asset of any REMIC. The Class B-IO Certificateholders shall be the owners of the Final Maturity Reserve Account, and for all federal tax purposes, amounts transferred by the REMICs to the Final Maturity Reserve Account shall be treated as amounts distributed by the REMICs to the Class B-IO Certificateholders. The Trustee shall keep records that accurately reflect the funds on deposit in the Final Maturity Reserve Account. If, on the Distribution Date occurring in February, 2013, or on any Distribution Date thereafter, any Offered Certificates are outstanding and the aggregate Stated Principal Balance of the Mortgage Loans with original terms to maturity in excess of 30 years is (i) greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 2 of Schedule C hereto, but less than column 1 thereto, or (ii) greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 1 of Schedule C hereto, then the The Trustee shall deposit into the Final Maturity Reserve Account, from Interest Funds with respect to such Distribution Date, the Coupon Strip for such Distribution Date, in accordance with the payment priority set forth in Section 6.01(a)(first). If, on any Distribution Date occurring after the Distribution Date in February, 2013, any amounts on deposit will invest funds deposited in the Final Maturity Reserve Account exceed as directed by the lesser of (i) Class B-IO Certificateholders, so long as the aggregate Current Principal Amount Holder of the Class A and Class B B-IO Certificates as of such date, and (ii) the aggregate Stated Principal Balance is an affiliate of the Mortgage Loans Master Servicer (and the Trustee shall be entitled to receive and rely upon a certificate from the Master Servicer regarding the identity of any of its Affiliates), in writing in Permitted Investments with original terms a maturity date no later than the Business Day immediately preceding the date on which such funds are required to maturity in excess be withdrawn from such account pursuant to this Agreement, if a Person other than the Trustee or an Affiliate of 30 years as of the Trustee manages or advises such date, an amount equal investment. If no written direction with respect to such excess investment shall be received by the Trustee from the Class B-IO Certificateholders or if the Holder of the Class B-IO Certificates is no longer an affiliate of the Master Servicer, then funds in such Account shall remain uninvested. All income and gain realized from investment of funds deposited in the Final Maturity Reserve Account shall be distributed for the sole and exclusive benefit of the Class B-IO Certificateholders and shall be remitted by the Trustee to the Class B-IO Certificates on such Certificateholders no later than the immediately succeeding Distribution Date as a part of the Date. The Class B-IO Distribution AmountCertificateholders shall deposit in the Final Maturity Reserve Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. On the earlier of the Distribution Date in occurring in February 2013 September 2035 and the Distribution Date on which termination of the final distribution of payments from Trust, the Mortgage Loans and Trustee shall distribute the other assets in the trust is expected to be made, funds on deposit in the Final Maturity Reserve Account will be distributed to the Certificates in the following order of priority: first, to the Class A CertificatesA-1, pro rata in accordance with their outstanding Current Principal AmountsClass A-2, until the Current Principal Amount of each such Class is reduced to zero; secondA-3, to the Class M-1, Class M-2, Class M-3, Class B-1M-4, Class B-2 Clxxx X-0, Xxxxx M-6 and Class B-3 CertificatesM-7 Certificateholders in the following priority: (a) first, sequentiallyto the Class A Certificateholders, in that order, until the Current proportion to their respective Certificate Principal Amount of each such Class is reduced to zeroBalance, after giving effect to principal distributions on such Distribution Date; , until the Certificate Principal Balance of each such Class has been reduced to zero; (b) second, to the Class M-1 Certificateholders, from remaining amounts in the Final Maturity Reserve Account after application pursuant to clause (a) above, until the Certificate Principal Balance thereof has been reduced to zero; (c) third, to each class the Class M-2 Certificateholders, from remaining amounts in the Final Maturity Reserve Account after application pursuant to clauses (a) and (b) above, until the Certificate Principal Balance thereof has been reduced to zero; (d) fourth, to the Class M-3 Certificateholders, from remaining amounts in the Final Maturity Reserve Account after application pursuant to clauses (a), (b) and (c) above, until the Certificate Principal Balance thereof has been reduced to zero; (e) fifth, to the Class M-4 Certificateholders, from remaining amounts in the Final Maturity Reserve Account after application pursuant to clauses (a), (b), (c) and (d) above, until the Certificate Principal Balance thereof has been reduced to zero; (f) sixth, to the Class M-5 Certificateholders, from remaining amounts in the Final Maturity Reserve Account after application pursuant to clauses (a), (b), (c), (d) and (e) above, until the Certificate Principal Balance thereof has been reduced to zero; (g) seventh, to the Class M-6 Certificateholders, from remaining amounts in the Final Maturity Reserve Account after application pursuant to clauses (a), (b), (c), (d), (e) and (f) above, until the Certificate Principal Balance thereof has been reduced to zero; (h) eighth, to the Class M-7 Certificateholders, from remaining amounts in the Final Maturity Reserve Account after application pursuant to clauses (a), (b), (c), (d), (e), (f) and (g) above, until the Certificate Principal Balance thereof has been reduced to zero; (i) ninth, from remaining amounts in the Final Maturity Reserve Account after application pursuant to clauses (a), (b), (c), (d), (e), (f), (g) and (h) above, to the Holders of Senior the Offered Certificates and Subordinate Certificatesthe Class M-7 Certificateholders, any Current current Interest and Interest Carry Forward Amount Distribution Amounts (for each such Class remaining unpaid after giving effect and Distribution Date) and any Interest Carry Forward Amounts for each such class, to distributions of Interest Funds on such Distribution Date the extent unpaid, in accordance with the payment priorities set forth in Section 6.01(a5.04(a)(i); fourth; (j) tenth, from remaining amounts in the Final Maturity Reserve Account after application pursuant to clauses (a), (b), (c), (d), (e), (f), (g), (h) and (i) above, to each class the Holders of Senior the Offered Certificates and Subordinate Certificatesthe Class M-7 Certificateholders, any Basis Risk Shortfall Carry Forward Amount Amounts for each such class remaining unpaid after giving effect class, to the distributions on such Distribution Date extent unpaid, in accordance with payment the priorities set forth in Sections 6.01(aSection 5.04(iii); and (k) eleventh, to the Class B-IO Certificates, from remaining amounts in the Final Maturity Reserve Account after application pursuant to clauses (a), (b), (c), (d), (e), (f), (g), (h) and (i) above.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2005-3)

Final Maturity Reserve Account. No later than the Closing Date, the Paying Agent shall establish and maintain in the name of the Holders of the Senior Group I Certificates and Subordinate the Underlying Class I-A-2 Certificates, the Final Maturity Reserve Account as a segregated trust account. The Paying Agent shall keep records that accurately reflect the funds on deposit in the Final Maturity Reserve Account. The Paying Agent will invest funds deposited in the Final Maturity Reserve Account as directed by the Class I-B-IO Certificateholders in writing in Permitted Investments with a maturity date no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from the Final Maturity Reserve Account pursuant to this Agreement. If no written direction with respect to such Permitted Investment shall be received by the Paying Agent from the Class I-B-IO Certificateholders, then funds in the Final Maturity Reserve Account shall be invested in the Wells Fargo Prime Advantage Money Market Fund. All income and gain realized from investment xx funds deposited in the Final Maturity Reserve Account shall be for the sole and exclusive benefit of the Class I-B-IO Certificateholders. If, on the Distribution Date occurring in February, 2013October 2016, or on any Distribution Date thereafter, up to and including the Distribution Date for the Group I Offered Certificates in October 2036, any Group I Offered Certificates or Underlying Class I-A-2 Certificates are outstanding and the aggregate Stated Principal Balance of the Group I Mortgage Loans with original terms to maturity in excess of 30 years is (i) is greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 2 of Schedule C hereto, but less than column 1 thereto, or (ii) greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 1 of Schedule C A hereto, then the Trustee shall deposit into the Final Maturity Reserve Account, from Interest Funds with respect to such Distribution Date, the Coupon Strip for such Distribution Date, in accordance with the payment priority set forth in Section 6.01(a)(first), until the amount on deposit in the Final Maturity Reserve Account is equal to the Final Maturity Reserve Account Target. If, on any Distribution Date occurring after the Distribution Date in February, 2013Date, any amounts on deposit in the Final Maturity Reserve Account exceed the lesser of (i) the aggregate Current Principal Amount of the Group I Offered Certificates and the Underlying Class A and Class B I-A-2 Certificates as of such date, and (ii) the aggregate Stated Principal Balance of the Group I Mortgage Loans with original terms to maturity in excess of 30 years as of such date, an amount equal to such excess shall be shall be distributed by the Trustee to the Class I-B-IO Certificates on such Distribution Date as a part of the Class I-B-IO Distribution Amount. On the earlier of (i) the Distribution Date in occurring in February 2013 October 2036 and (ii) the Distribution Date on which the final distribution of payments from the Group I Mortgage Loans and the other assets in the trust is expected to be made, funds on deposit in the Final Maturity Reserve Account will be distributed to the Certificates in the following order of priority: priority (provided, however, if the Group I Mortgage Loans are purchased on the related Optional Termination Date, the funds on deposit in the Final Maturity Reserve Account will be used to make payments in accordance with priorities fourth and fifth below after application of the Termination Purchase Price): first, to the Class A I-A-1, Underlying Class I-A-2 (or the Swap Counterparty as set forth in the Grantor Trust Agreement) and Class I-A-3 Certificates, pro rata rata, in accordance with their respective outstanding Current Principal Amounts, Amounts until the Current Principal Amount of each such Class is Amounts thereof have been reduced to zero; second, sequentially, to the Class M-1, Class M-2, Class M-3, Class I-B-1, Class B-2 I-B-2, Class I-B-3, Class I-B-4, Class I-B-5, Class I-B-6, Class I-B-7, Class I-B-8 and Class B-3 I-B-9 Certificates, sequentially, in that order, until the Current Principal Amount of each such Class is reduced to zero, after giving effect to principal distributions on such Distribution Date, until the Current Principal Amounts of each such Class thereof have been reduced to zero; third, to each class Class of Senior Group I Offered Certificates (other than the Grantor Trust Certificates) and Subordinate the Underlying Class I-A-2 Certificates, any Current Interest and Interest Carry Forward Amount for each such Class remaining unpaid after giving effect to interest distributions of Interest Funds on such Distribution Date in accordance with the payment priorities set forth in Section 6.01(a); fourth, to each class Class of Senior Group I Offered Certificates (other than the Grantor Trust Certificates) and Subordinate the Underlying Class I-A-2 Certificates, any Basis Risk Shortfall Carry Forward Carry-forward Amount for each such class Class remaining unpaid after giving effect to the distributions on such Distribution Date in accordance with payment priorities set forth in Sections Section 6.01(a); and) and fifth, to the Class I-B-IO Certificates, any remaining amount. The forgoing distributions will be treated as an amount paid by the holder of the Class I-B-IO Certificates to purchase the outstanding Offered Certificates and will be deemed made pursuant to a mandatory purchase of the Offered Certificates by the holder of the Class I-B-IO Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Mortage Funding Trust 2006-Ar2)

Final Maturity Reserve Account. No later than the Closing Date, the Paying Agent shall establish and maintain in the name of the Holders of the Senior Certificates and Subordinate Certificatesthe Certificate Insurer, the Final Maturity Reserve Account as a segregated trust account. The Paying Agent shall keep records that accurately reflect the funds on deposit in the Final Maturity Reserve Account. The Paying Agent will invest funds deposited in the Final Maturity Reserve Account as directed by the Class B-IO Certificateholders in writing in Permitted Investments with a maturity date no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from the Final Maturity Reserve Account pursuant to this Agreement. If no written direction with respect to such Permitted Investment shall be received by the Paying Agent from the Class B-IO Certificateholders, then funds in the Final Maturity Reserve Account shall be invested in the Xxxxx Fargo Prime Advantage Money Market Fund. All income and gain realized from investment of funds deposited in the Final Maturity Reserve Account shall be for the sole and exclusive benefit of the Class B-IO Certificateholders. If, on the Distribution Date occurring in February, 2013April 2016, or on any Distribution Date thereafter, up to and including the distribution date for the Offered Certificates in April 2036, any Offered Certificates are outstanding and the aggregate Stated Principal Balance of the Mortgage Loans with original terms to maturity in excess of 30 years is (i) is greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 2 of Schedule C hereto, but less than column 1 thereto, or (ii) greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 1 of Schedule C A hereto, then the Trustee shall deposit into the Final Maturity Reserve Account, from Interest Funds with respect to such Distribution Date, the Coupon Strip for such Distribution Date, in accordance with the payment priority set forth in Section 6.01(a)(first), until the amount on deposit in the Final Maturity Reserve Account is equal to the Final Maturity Reserve Account Target. If, on any Distribution Date occurring after the Distribution Date in February, 2013Date, any amounts on deposit in the Final Maturity Reserve Account exceed the lesser of (i) the aggregate Current Principal Amount of the Class A and Class B Offered Certificates as of such date, and (ii) the aggregate Stated Principal Balance of the Mortgage Loans with original terms to maturity in excess of 30 years as of such date, an amount equal to such excess shall be shall be distributed by the Trustee to the Class B-IO Certificates on such Distribution Date as a part of the Class B-IO Distribution Amount. On the earlier of the Distribution Date in occurring in February 2013 April 2036 and the Distribution Date on which the final distribution of payments from the Mortgage Loans and the other assets in the trust is expected to be made, funds on deposit in the Final Maturity Reserve Account will be distributed to the Certificates in the following order of priority: priority (provided, however, if the loans are purchased on the Optional Termination Date, the funds on deposit in the Final Maturity Reserve Account will be used to make payments in accordance with priorities sixth and seventh below after application of the Termination Purchase Price): first, to the Class I-A, Class II-A, Class III-A and Class IV-A Certificates, pro rata rata, in accordance with their respective outstanding Current Principal Amounts, Amounts until the Current Principal Amount of each such Class is Amounts thereof have been reduced to zero; second, Certificate Insurer, any accrued and unpaid Reimbursement Amounts payable to the Class M-1Certificate Insurer in respect of any Deficiency Amount described in clauses (a)(2) or (b)(y) of such definition; third, Class M-2sequentially, Class M-3, to the Class B-1, Class B-2 B-2, Class B-3, Class B-4, Class B-5, Class B-6 and Class B-3 B-7 Certificates, sequentially, in that order, until the Current Principal Amount of each such Class is reduced to zero, after giving effect to principal distributions on such Distribution Date, until the Current Principal Amounts thereof have been reduced to zero; thirdfourth, to each class Class of Senior and Subordinate Offered Certificates, any Current Interest and Interest Carry Forward Amount for each such Class remaining unpaid after giving effect to interest distributions of Interest Funds on such Distribution Date in accordance with the payment priorities set forth in Section 6.01(a); fourthfifth, to the Certificate Insurer, any accrued and unpaid Reimbursement Amounts payable to the Certificate Insurer in respect of any Deficiency Amount described in clauses (a)(1) or (b)(x) of such definition; sixth, to each class Class of Senior and Subordinate Offered Certificates, any Basis Risk Shortfall Carry Forward Carry-forward Amount for each such class Class remaining unpaid after giving effect to the distributions on such Distribution Date in accordance with payment priorities set forth in Sections Section 6.01(a); and) and seventh, to the Class B-IO Certificates, any remaining amount. The forgoing distributions will be treated as an amount paid by the holder of the Class B-IO Certificates to purchase the outstanding Offered Certificates and will be deemed made pursuant to a mandatory purchase of the Offered Certificates by the holder of the Class B-IO Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GreenPoint MFT 2006-Ar3)

Final Maturity Reserve Account. No later than the Closing Date, the Paying Agent shall establish and maintain in the name of the Holders of the Senior and Subordinate Group I Certificates, the Final Maturity Reserve Account as a segregated trust account. The Paying Agent shall keep records that accurately reflect the funds on deposit in the Final Maturity Reserve Account. The Paying Agent will invest funds deposited in the Final Maturity Reserve Account as directed by the Class I-B-IO Certificateholders in writing in Permitted Investments with a maturity date no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from the Final Maturity Reserve Account pursuant to this Agreement. If no written direction with respect to such Permitted Investment shall be received by the Paying Agent from the Class I-B-IO Certificateholders, then funds in the Final Maturity Reserve Account shall be invested in the Xxxxx Fargo Prime Advantage Money Market Fund. All income and gain realized from investment of funds deposited in the Final Maturity Reserve Account shall be for the sole and exclusive benefit of the Class I-B-IO Certificateholders. If, on the Distribution Date occurring in February, 2013July 2016, or on any Distribution Date thereafter, up to and including the Distribution Date for the Group I Offered Certificates in July 2036, any Group I Offered Certificates are outstanding and the aggregate Stated Principal Balance of the Group I Mortgage Loans with original terms to maturity in excess of 30 years is (i) is greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 2 of Schedule C hereto, but less than column 1 thereto, or (ii) greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 1 of Schedule C A hereto, then the Trustee shall deposit into the Final Maturity Reserve Account, from Interest Funds with respect to such Distribution Date, the Coupon Strip for such Distribution Date, in accordance with the payment priority set forth in Section 6.01(a)(first), until the amount on deposit in the Final Maturity Reserve Account is equal to the Final Maturity Reserve Account Target. If, on any Distribution Date occurring after the Distribution Date in February, 2013Date, any amounts on deposit in the Final Maturity Reserve Account exceed the lesser of (i) the aggregate Current Principal Amount of the Class A and Class B Group I Offered Certificates as of such date, and (ii) the aggregate Stated Principal Balance of the Group I Mortgage Loans with original terms to maturity in excess of 30 years as of such date, an amount equal to such excess shall be shall be distributed by the Trustee to the Class I-B-IO Certificates on such Distribution Date as a part of the Class I-B-IO Distribution Amount. On the earlier of (i) the Distribution Date in occurring in February 2013 July 2016 and (ii) the Distribution Date on which the final distribution of payments from the Group I Mortgage Loans and the other assets in the trust is expected to be made, funds on deposit in the Final Maturity Reserve Account will be distributed to the Certificates in the following order of priority: priority (provided, however, if the Group I Mortgage Loans are purchased on the related Optional Termination Date, the funds on deposit in the Final Maturity Reserve Account will be used to make payments in accordance with priorities fourth and fifth below after application of the Termination Purchase Price): first, to the Class A I-A-1, Class I-A-2 and Class I-A-3 Certificates, pro rata rata, in accordance with their respective outstanding Current Principal Amounts, Amounts until the Current Principal Amount of each such Class is Amounts thereof have been reduced to zero; second, sequentially, to the Class M-1, Class M-2, Class M-3, Class I-B-1, Class B-2 I-B-2, Class I-B-3, Class I-B-4, Class I-B-5, Class I-B-6 and Class B-3 I-B-7 Certificates, sequentially, in that order, until the Current Principal Amount of each such Class is reduced to zero, after giving effect to principal distributions on such Distribution Date, until the Current Principal Amounts thereof have been reduced to zero; third, to each class Class of Senior and Subordinate Group I Offered Certificates, any Current Interest and Interest Carry Forward Amount for each such Class remaining unpaid after giving effect to interest distributions of Interest Funds on such Distribution Date in accordance with the payment priorities set forth in Section 6.01(a); fourth, to each class Class of Senior and Subordinate Group I Offered Certificates, any Basis Risk Shortfall Carry Forward Carry-forward Amount for each such class Class remaining unpaid after giving effect to the distributions on such Distribution Date in accordance with payment priorities set forth in Sections Section 6.01(a); and) and fifth, to the Class I-B-IO Certificates, any remaining amount. The forgoing distributions will be treated as an amount paid by the holder of the Class I-B-IO Certificates to purchase the outstanding Offered Certificates and will be deemed made pursuant to a mandatory purchase of the Offered Certificates by the holder of the Class I-B-IO Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Ar1)

Final Maturity Reserve Account. No later than the Closing Date, the Paying Agent (a) The Trustee shall establish and maintain in its name in its name, as trustee, a trust account entitled “Final Maturity Reserve Account, U.S. Bank National Association, as Trustee, in trust for the name benefit of the Holders of the Senior and Subordinate Lxxxxx XS Trust Mortgage Pass-Through Certificates, Series 2006-18N” (the “Final Maturity Reserve Account”). The Final Maturity Reserve Account shall be an Eligible Account and shall be for the benefit of the related Certificateholders. If the existing Final Maturity Reserve Account ceases to be an Eligible Account, the Trustee shall establish a new Final Maturity Reserve Account that is an Eligible Account within 20 Business Days and transfer all funds and investment property on deposit in such existing Final Maturity Reserve Account into such new Final Maturity Reserve Account. The Final Maturity Reserve Account shall relate solely to the Certificates issued hereunder and funds in the Final Maturity Reserve Account as a segregated trust accountshall be held separate and apart from and shall not be commingled with any other monies including, without limitation, other monies of the Trustee held under this Agreement. The Paying Agent Trustee shall keep records that accurately reflect give to the funds on deposit in Depositor, Master Servicer and any NIMS Insurer prior written notice of the name and address of the depository institution at which the Final Maturity Reserve Account is maintained and the account number of such Final Maturity Reserve Account. Notwithstanding anything herein to the contrary, the Trustee will only establish the Final Maturity Reserve Account if there is any Coupon Strip to be deposited therein. (b) If, on the Distribution Date occurring in February, 2013December 2016, or on any Distribution Date thereafterthereafter through the Distribution Date in December 2036, any Offered Certificates and Class M10 Certificates are outstanding and the aggregate Stated Principal Balance stated principal balance of the Mortgage Loans with original terms to maturity in excess of 30 years is (i) is greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 2 of Schedule C B hereto, but less than column 1 thereto, or (ii) greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 1 of Schedule C hereto, then the Trustee shall deposit from funds available for interest distributions into the Final Maturity Reserve Account, from Interest Funds with respect to such Distribution Date, the Coupon Strip for such Distribution Date, in accordance with the payment priority set forth in Section 6.01(a)(first). If, on any . (c) On each Distribution Date occurring after the Distribution Date in February, 2013Date, any amounts on deposit in the Final Maturity Reserve Account exceed in excess of the lesser of (i) the aggregate Current Class Principal Amount of the Class A Senior Certificates and Class B Subordinate Certificates as of such date, and (ii) the aggregate Stated Principal Balance stated principal balance of the Mortgage Loans with original terms to maturity in excess of 30 years as years, will be used to pay any interest shortfalls to the holders of the Senior Certificates and Subordinate Certificates, in accordance with Sections 5.02(a) and 5.02(b), and any amounts in excess of such dateshortfalls will be applied in accordance with Section 5.02(d) with the following modifications: (i) after giving effect to proposed distributions on any Distribution Date, an amount equal the sum of the cumulative amounts applied in accordance with Section 5.02(d)(i) pursuant to such excess this sentence, the cumulative amounts applied in accordance with Section 5.02(d)(ii) pursuant to this sentence and the cumulative amounts applied in accordance with Section 5.02(d)(iii) pursuant to this sentence shall be limited to the aggregate amount of cumulative Realized Losses incurred from the Cut-off Date through the last day of the related Collection Period and (ii) “the Class X Distributable Amount” shall be distributed by the Trustee to the Class B-IO Certificates on such Distribution Date as a part of the Class B-IO Distribution Amount. substituted with “any remaining amount”. (d) On the earlier of (x) the Distribution Date in occurring in February 2013 December 2036 and (y) the Distribution Date on which the final distribution of payments from the Mortgage Loans and the other assets in of the trust Trust Fund is expected to be made, funds any remaining amounts on deposit in the Final Maturity Reserve Account will be distributed to the Offered Certificates and Class M10 Certificates in the following order of priority: first: (1) pro rata, to the Class A each class of Senior Certificates, pro rata in accordance with their respective outstanding Current Class Principal Amounts, until the Current Principal Amount of each such Class is reduced to zero; second, to the Class M-1, Class M-2, Class M-3, Class B-1, Class B-2 and Class B-3 Certificates, sequentially, in that order, until the Current Principal Amount of each such Class is reduced to zero, after giving effect to principal distributions on such Distribution Date; third, until the Class Principal Amount of each such class is reduced to zero; (2) sequentially, to each class of Senior Subordinate Certificates, in accordance with the Subordinate Priority, after giving effect to principal distributions on such Distribution Date, until the Class Principal Amount of each such class is reduced to zero; (3) to each class of Offered Certificates and Subordinate Class M10 Certificates, any Current Interest and Carryforward Interest Carry Forward Amount for each such Class class remaining unpaid after giving effect to interest distributions of Interest Funds on such Distribution Date in accordance with the payment priorities set forth in Section 6.01(aSections 5.02(a) and 5.02(b); fourth, ; (4) to each class of Senior Offered Certificates and Subordinate Class M10 Certificates, any Unpaid Basis Risk Shortfall Carry Forward Amount for each such class remaining unpaid after giving effect to the distributions on such Distribution Date in accordance with payment priorities set forth in Sections 6.01(aSection 5.02(d); and (5) to the Class X Certificates, any remaining amount. (e) The Holders of the Class X Certificates shall direct the Trustee, in writing, as to investment of amounts on deposit in the Final Maturity Reserve Account and shall be liable for any losses incurred on such investments. All such investments shall be Eligible Investments (which may be obligations of the Trustee), must be payable on demand or mature no later than the next Distribution Date and shall not be sold or disposed of prior to their maturity. All such Eligible Investments will be made in the name of the Trustee (in its capacity as such) or its nominee. All income and gain realized from any such investment shall remain in the Final Maturity Reserve Account. For federal income tax purposes, the Final Maturity Reserve Account shall be an “outside reserve fund” within the meaning of Treasury regulation 1.860G-2(h) and not an asset of any REMIC created pursuant to this Agreement, and the Class X Certificates shall evidence ownership of the Final Maturity Reserve Account and shall be taxable on all income earned thereon. In the absence of written instructions from the Class X Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall remain uninvested. (f) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Account shall be treated as selling a portion of its Certificate to the Class X Certificateholder and as having received the amount of the principal payment from the Class X Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Certificate Principal Amount of such Certificate. Principal payments received from the Final Maturity Reserve Account shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account shall be accounted for hereunder in accordance with this Section 4.05(f). In furtherance of the foregoing, distributions and allocations shall continue to be made with respect to the REMIC regular interest represented by the portion of any Certificate that is treated as having been sold to the Class X Certificateholder as if such portion was still outstanding and held by the Class X Certificateholder, provided that the rights of the Class X Certificateholder to any such distributions shall subordinated to the rights of any other Certificateholder (other than the Holder of the Residual Certificates) to receive distributions.

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust Series 2006-18n)

Final Maturity Reserve Account. No later than the Closing Date, the Paying Agent shall establish and maintain in the name of the Holders of the Senior Group I Certificates and Subordinate the Underlying Class I-A-2B Certificates, the Final Maturity Reserve Account as a segregated trust account. The Paying Agent shall keep records that accurately reflect the funds on deposit in the Final Maturity Reserve Account. The Paying Agent will invest funds deposited in the Final Maturity Reserve Account as directed by the Class I-B-IO Certificateholders in writing in Permitted Investments with a maturity date no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from the Final Maturity Reserve Account pursuant to this Agreement. If no written direction with respect to such Permitted Investment shall be received by the Paying Agent from the Class I-B-IO Certificateholders, then funds in the Final Maturity Reserve Account shall be invested in the Wells Fargo Prime Advantage Money Market Fund. All income and gain realized from investment xx xxnds deposited in the Final Maturity Reserve Account shall be for the sole and exclusive benefit of the Class I-B-IO Certificateholders. If, on the Distribution Date occurring in February, 2013November 2016, or on any Distribution Date thereafter, any Offered Group I Certificates are outstanding and the aggregate Stated Principal Balance of the Group I Mortgage Loans with original terms to maturity in excess of 30 years is (i) is greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 2 of Schedule C hereto, but less than column 1 thereto, or (ii) greater than or equal to the applicable scheduled amount for such Distribution Date set forth in column 1 of Schedule C A hereto, then the Trustee shall deposit into the Final Maturity Reserve Account, from Interest Funds with respect to such Distribution Date, the Coupon Strip for such Distribution Date, in accordance with the payment priority set forth in Section 6.01(a)(first), until the amount on deposit in the Final Maturity Reserve Account is equal to the Final Maturity Reserve Account Target. If, on any Distribution Date occurring after the Distribution Date in February, 2013Date, any amounts on deposit in the Final Maturity Reserve Account exceed the lesser of (i) the aggregate Current Principal Amount of the Group I Offered Certificates and the Underlying Class A and Class B I-A-2B Certificates as of such date, and (ii) the aggregate Stated Principal Balance of the Group I Mortgage Loans with original terms to maturity in excess of 30 years as of such date, an amount equal to such excess shall be shall be distributed by the Trustee to the Class I-B-IO Certificates on such Distribution Date as a part of the Class I-B-IO Distribution Amount. On the earlier of (i) the Distribution Date in occurring in February 2013 November 2016 and (ii) the Distribution Date on which the final distribution of payments from the Group I Mortgage Loans and the other assets in the trust is expected to be made, funds on deposit in the Final Maturity Reserve Account will be distributed to the Certificates in the following order of priority: priority (provided, however, if the Group I Mortgage Loans are purchased on the related Optional Termination Date, the funds on deposit in the Final Maturity Reserve Account will be used to make payments in accordance with priorities fourth and fifth below after application of the Termination Purchase Price): first, to the Class A I-A-1, Class I-A-2A, Underlying Class I-A-2B (or the Swap Counterparty as set forth in the Grantor Trust Agreement) and Class I-A-3 Certificates, pro rata rata, in accordance with their respective outstanding Current Principal Amounts, Amounts until the Current Principal Amount of each such Class is Amounts thereof have been reduced to zero; second, sequentially, to the Class M-1, Class M-2, Class M-3, Class I-B-1, Class B-2 I-B-2, Class I-B-3, Class I-B-4, Class I-B-5, Class I-B-6, Class I-B-7, Class I-B-8 and Class B-3 I-B-9 Certificates, sequentially, in that order, until the Current Principal Amount of each such Class is reduced to zero, after giving effect to principal distributions on such Distribution Date, until the Current Principal Amounts of each such Class thereof have been reduced to zero; third, to each class Class of Senior Group I Offered Certificates (other than the Grantor Trust Class I-A-2B Certificates) and Subordinate the Underlying Class I-A-2B Certificates, any Current Interest and Interest Carry Forward Amount for each such Class remaining unpaid after giving effect to interest distributions of Interest Funds on such Distribution Date in accordance with the payment priorities set forth in Section 6.01(a); fourth, to each class Class of Senior Group I Offered Certificates (other than the Grantor Trust Class I-A-2B Certificates) and Subordinate the Underlying Class I-A-2B Certificates, any Basis Risk Shortfall Carry Forward Carry-forward Amount for each such class Class remaining unpaid after giving effect to the distributions on such Distribution Date in accordance with payment priorities set forth in Sections Section 6.01(a); andand fifth, to the Class I-B-IO Certificates, any remaining amount. The forgoing distributions will be treated as an amount paid by the holder of the Class I-B-IO Certificates to purchase the outstanding Offered Certificates and will be deemed made pursuant to a mandatory purchase of the Offered Certificates by the holder of the Class I-B-IO Certificates.

Appears in 1 contract

Samples: Grantor Trust Agreement (Bear Stearns Mortgage Funding Trust 2006-Ar3)

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