Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust account, which shall be titled “Interest Coverage Account, Deutsche Bank National Trust Company, as trustee for the benefit of holders of Impac Secured Assets Corp., Mortgage Pass-Through Certificates, Series 2007-3” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein. (b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficient. (c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Period. (d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Impac Secured Assets Trust 2007-3), Pooling and Servicing Agreement (Impac Secured Assets Trust 2007-3), Pooling and Servicing Agreement (Impac Secured Assets Trust 2007-3)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Wells Fargo Bank National Trust CompanyMinnesota, N.A., as trustee xxxxtee for the benefit of registered holders of Impac Secured Assets Corp.Option One Mortgage Loan Trust 2000-3, Mortgage PassAsset-Through Backed Certificates, Series 20072000-3” " (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Master Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor Master Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each the Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Periodin September 2000, the Trustee shall withdraw from the Interest Coverage Account Account, to the extent funds are available therefore, and deposit in the Distribution Account an amount amount, as provided in the related Remittance Report, equal to (i) 30 days' interest on the Original Pre-Funded Amount calculated at an annual rate equal to the Interest Coverage Distribution Amount for such Distribution Dateweighted average of the Net Mortgage Rates of the Mortgage Loans as of the commencement of the related Due Period, minus (ii) the sum of (1) any interest payments received on Subsequent Mortgage Loans during the related Due Period and (2) any Advances in respect of interest portions of delinquent Monthly Payments on the Subsequent Mortgage Loans conveyed to the Trustee during the related Due Period. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I 1 on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such the Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodDate.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor Master Servicer or its designee.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Option One Mort Accept Corp Asset Backed Cert Series 2000-3), Pooling and Servicing Agreement (Option One Mort Accept Corp Asset Backed Cert Series 2000-3)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Paying Agent shall establish and maintain a segregated trust account or a sub-sub account of a trust account, which shall be titled “"Interest Coverage Account, Deutsche Bank Xxxxx Fargo Bank, National Trust Company, Association as trustee for the benefit of f/b/o holders of Impac Secured Assets Corp.Structured Asset Mortgage Investments II Inc., Bear Xxxxxxx Mortgage Funding Trust 2007-AR4, Mortgage Pass-Through Certificates, Series 2007-3” (the “AR4 - Interest Coverage Account”)". The Interest Coverage Account shall be an Eligible Account or a sub-sub account of an Eligible Account. The Trustee Paying Agent shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee Paying Agent by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b4.10(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Paying Agent for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee Paying Agent to the Depositor no later than the first Business Day following receipt of such income and gain by the TrusteePaying Agent. If no written direction with respect to such investment shall be received by the Trustee Paying Agent from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit (or cause to be deposited) in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and deposit in the Distribution Pre-Funding Reserve Account an amount equal of interest that accrues during the related Interest Accrual Period at the applicable Net Rate Cap on the excess, if any, of the Pre-Funded Amount for each Loan Group over the aggregate Stated Principal Balance of Subsequent Mortgage Loans in such Loan Group that both (i) had a Due Date during the Due Period relating to such Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable, and (ii) had a Subsequent Cut-off Date prior to the Interest Coverage Distribution Amount for first day of the month in which such Distribution DateDate occurs. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I (with respect to amounts related to Loan Group I) and REMIC II (with respect to amounts related to Loan Group II) on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee Paying Agent shall, at the request of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first second preceding sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance principal balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Paying Agent and paid to the Depositor or its designee.
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)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust Company____________________, as trustee Trustee for the benefit of registered holders of Impac Secured Assets Long Beach Securities Corp., [__] Floating Rate Mortgage Pass-Through Certificates, Series 2007____-3” ___" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Trustee will invest funds deposited in the Interest Coverage Account in Permitted Investments of the kind described in clauses (i), (v) or (vi) of the definition of Permitted Investments, as directed by the Master Servicer, with a maturity date no later than the second Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor holder of the largest Percentage Interest of the Residual Certificates shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any of REMIC created hereunderI, REMIC II or REMIC III. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Remittance Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On With respect to each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount amount, as provided in the related Remittance Report, equal to (i) 30 days' interest on the Original Pre-Funded Amount calculated at an annual rate equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request weighted average of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, Net Mortgage Rates of the amount remaining Mortgage Loans in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end as of the Prepayment commencement of the related Due Period, minus (ii) the sum of (1) any interest payments received by the Master Servicer on Subsequent Mortgage Loans during the related Due Period relating and (2) any P&I Advance in respect of the interest portion of delinquent Monthly Payments on the Subsequent Mortgage Loans conveyed to the current Distribution Date or Trustee during the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding related Due Period.
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Long Beach Securities Corp), Pooling and Servicing Agreement (Long Beach Securities Corp)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated non-interest bearing trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “Interest Coverage Account, Deutsche Bank National Trust CompanyCitibank, N.A., as trustee for the benefit registered Holders of holders of Impac Secured Assets Corp., Mortgage PassWaMu Asset-Through Certificates, Backed Certificates WaMu Series 2007-3HE2 Trust” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. Amounts held in the Interest Coverage Account shall be invested in Permitted Investments upon and pursuant to written investment directions from the Servicer. The Trustee shall have no liability for losses on any such investment and in the absence of such written directions from the Servicer, the Trustee shall be under no duty to invest (or otherwise pay interest on) such funds. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Servicer and shall be remitted by the Trustee to the Depositor Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each the first Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding PeriodDate, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account Reserve Fund an amount equal to the difference between (x) the aggregate amount of interest accrued during the related Accrual Period at the related Formula Rate on the Certificate Principal Balance of each Class of the Class A Certificates and the Mezzanine Certificates immediately prior to such Distribution Date, minus the aggregate amount of any Relief Act Interest Coverage Shortfalls or Net Prepayment Interest Shortfalls for such Distribution Date over (y) the sum of the Group I Interest Remittance Amount and the Group II Interest Remittance Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by On the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer second Distribution Date, the Trustee shall, at the request of the Depositor, shall withdraw any remaining amounts from the Interest Coverage Account and remit distribute them to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodServicer.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (WaMu Asset-Backed Certificates, WaMu Series 2007-He2), Pooling and Servicing Agreement (WaMu Asset-Backed Certificates, WaMu Series 2007-He2)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Paying Agent shall establish and maintain a segregated trust account or a sub-sub account of a trust account, which shall be titled “"Interest Coverage Account, Deutsche U.S. Bank National Trust Company, Association as trustee for the benefit of holders of Impac Secured Assets Corp.Structured Asset Mortgage Investments II Inc., Bear Xxxxxxx ALT-A Trust, Mortgage Pass-Through Certificates, Series 20072006-3” " (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-sub account of an Eligible Account. The Trustee Paying Agent shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount for each Sub-Loan Group remitted on the Closing Date to the Trustee Paying Agent by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b4.08(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Paying Agent for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee Paying Agent to the Depositor no later than the first Business Day following receipt of such income and gain by the TrusteePaying Agent. If no written direction with respect to such investment shall be received by the Trustee Paying Agent from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and deposit in the Distribution Pre-Funding Reserve Account an amount equal to of interest that accrues during the related Interest Coverage Distribution Accrual Period at the Weighted Average Group Pass Through Rate for the related Sub-Loan Group on the excess, if any, of the Pre-Funded Amount for such Sub-Loan Group over the aggregate Stated Principal Balance of Subsequent Mortgage Loans in such Sub-Loan Group that both (i) had a Due Date during the Due Period relating to such Distribution DateDate or the Distribution Date following the end of the Pre-Funding Period, as applicable, and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Mortgage Loan Seller to REMIC I II on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee Paying Agent shall, at the request of the DepositorMortgage Loan Seller, withdraw from the Interest Coverage Account and remit to the Depositor Mortgage Loan Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and remit to the Depositor Mortgage Loan Seller or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first second preceding sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance principal balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Paying Agent and paid to the Depositor Sponsor or its designee.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-3), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-3)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Securities Administrator shall establish and maintain a segregated trust account or a sub-sub account of a trust account, which shall be titled “Interest Coverage Account, Deutsche LaSalle Bank National Trust CompanyAssociation as securities administrator on behalf of Citibank, N.A., as trustee Trustee for the benefit of holders of Impac Secured Assets Corp.SACO I Trust 2005-7, Mortgage PassMortgage-Through Backed Certificates, Series 20072005-37” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-sub account of an Eligible Account. The Trustee Securities Administrator shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit for the Mortgage Loans remitted on the Closing Date to the Trustee Securities Administrator by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b4.06(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Securities Administrator for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee Securities Administrator to the Depositor no later than the first Business Day following receipt of such income and gain by the TrusteeSecurities Administrator. If no written direction with respect to such investment shall be received by the Trustee Securities Administrator from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee Securities Administrator shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Seller to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee Securities Administrator shall, at the request of the DepositorSeller, withdraw from the Interest Coverage Account and remit to the Depositor Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee Securities Administrator shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first third preceding sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0111.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Securities Administrator and paid to the Depositor or its designee.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Mortgage-Backed Certificates, Series 2005-7), Pooling and Servicing Agreement (Mortgage-Backed Certificates, Series 2005-7)
Interest Coverage Account. (a) No later than the Closing Date, the Indenture Trustee shall establish and maintain a on behalf of itself one or more segregated trust account or a sub-account of a trust accountaccounts, which shall be Eligible Accounts, titled “"Interest Coverage Account, Deutsche Bank National Bankers Trust CompanyCompany of California, N.A., as indenture trustee for the benefit of registered holders of Impac Secured Assets Corp., Mortgage PassPacificAmerica Home Equity Loan Asset Trust Series 1997-Through Certificates, Series 2007-3” 1" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Indenture Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Indenture Trustee by the Depositor and Issuer. In addition, the Indenture Trustee shall deposit into the Interest Coverage Account all income and gain realized from investment of funds on deposit investments in the Pre-Funding Account pursuant to Section 4.14(b)2.4. Funds deposited in the Interest Coverage Account shall be held in trust by the Indenture Trustee for the Certificateholders Holders of the Notes and the Certificate Note Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes. If the Indenture Trustee shall not have received an investment direction from the Issuer, the Depositor Indenture Trustee will invest funds deposited in the Interest Coverage Account in Eligible Investments of the kind described in clause (vii) of the definition of Eligible Investments with a maturity date no later than the second Business Day preceding each Payment Date. The Seller shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Eligible Investment immediately upon realization of such loss without any right of reimbursement therefor. The Seller shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficient.
(cb) On each Distribution Payment Date during the Pre-Funding Period and on the day of termination of Payment Date immediately after the Pre-Funding Period, the Indenture Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Payment Account the Interest Coverage Addition.
(c) On each Payment Date following the conveyance of a Subsequent Mortgage Loan to the Indenture Trustee, funds on deposit in the Interest Coverage Account in an amount equal to (i) the Interest Coverage Distribution product of (a) the Pre-Funding Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal related Due Date (or in the case of the first Payment Date during the Funding Period, on the Closing Date) and deposit, (b) one-twelfth and immediately following (c) the conveyance weighted average of the applicable Note Interest Rates for the Notes minus (ii) in the case of any Subsequent Mortgage Loan transferred to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur Issuer during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding related Due Period, the Trustee amount of any interest collected after the related Subsequent Cut-off Date and during such related Due Period shall withdraw from be deposited into the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodPayment Account.
(d) Upon the earliest earlier of (i) termination of the Distribution Trust Estate in accordance with Section 8.01 of the Trust Agreement and (ii) the Payment Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Indenture Trustee and paid to the Depositor or its designeeSeller.
Appears in 2 contracts
Samples: Home Equity Loan Purchase Agreement (Pacificamerica Money Center Inc), Home Equity Loan Purchase Agreement (Merrill Lynch Mortgage Investors Inc)
Interest Coverage Account. (a) No later than the Closing Date, the Indenture Trustee shall establish and maintain a on behalf of itself one or more segregated trust account or a sub-account of a trust accountaccounts, which shall be Eligible Accounts, titled “"Interest Coverage Account, Deutsche Bank National Bankers Trust CompanyCompany of California, N.A., as indenture trustee for the benefit of registered holders of Impac Secured Assets Corp., Mortgage PassPacificAmerica Home Equity Loan Asset Trust Series 1998-Through Certificates, Series 2007-3” 1" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Indenture Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Indenture Trustee by the Depositor and Issuer. In addition, the Indenture Trustee shall deposit into the Interest Coverage Account all income and gain realized from investment of funds on deposit investments in the Pre-Funding Account pursuant to Section 4.14(b)2.4. Funds deposited in the Interest Coverage Account shall be held in trust by the Indenture Trustee for the Certificateholders Holders of the Notes and the Certificate Note Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes. If the Indenture Trustee shall not have received an investment direction from the Issuer, the Depositor Indenture Trustee will invest funds deposited in the Interest Coverage Account in Eligible Investments of the kind described in clause (vii) of the definition of Eligible Investments with a maturity date no later than the second Business Day preceding each Payment Date. The Seller shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Eligible Investment immediately upon realization of such loss without any right of reimbursement therefor. The Seller shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficient.
(cb) On each Distribution Payment Date during the Pre-Funding Period and on the day of termination of Payment Date immediately after the Pre-Funding Period, the Indenture Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Payment Account an amount equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by Addition.
(c) On the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and Payment Date immediately following the conveyance of any a Subsequent Mortgage Loan to the Trust Indenture Trustee, funds on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from deposit in the Interest Coverage Account and remit to the Depositor or its designee in an amount equal to (i) the excess, if any, product of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds thereina) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or Amount on the day of termination related Due Date (or in the case of the Prefirst Payment Date during the Funding Period, on the Closing Date) and (b) one-Funding Period if no twelfth and (c) the weighted average of the applicable Note Interest Rates for the Notes minus (ii) in the case of any Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating transferred to the current Distribution Date or Issuer during the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding related Due Period, the Trustee amount of any interest collected after the related Subsequent Cut-off Date and during such related Due Period shall withdraw from be deposited into the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodPayment Account.
(d) Upon the earliest earlier of (i) termination of the Distribution Trust Estate in accordance with Section 8.01 of the Trust Agreement and (ii) the Payment Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Indenture Trustee and paid to the Depositor or its designeeSeller.
Appears in 2 contracts
Samples: Home Equity Loan Purchase Agreement (Merrill Lynch Mortgage Investors Inc), Home Equity Loan Purchase Agreement (Pacificamerica Money Center Inc)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Trustee, at the direction of the Servicer, shall establish and maintain maintain, a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “Interest Coverage Account, Deutsche Bank National Trust Company[ ], as trustee Trustee for the benefit of registered holders of Impac Secured Assets Corp.NovaStar Mortgage Funding Trust 20[ ]-[ ], Mortgage PassHome Equity Loan Asset-Through Backed Certificates, Series 200720[ ]-3[ ]” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein (i) the Initial Interest Coverage Deposit Amount (which amount is $1,000,000) remitted on the Closing Date to the Trustee by the Depositor and all (ii) income and gain realized from investment of funds on deposit investments in the Pre-Funding Account pursuant to Section 4.14(b)Account. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Trustee, for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Trustee shall treat the Interest Coverage Account as an outside reserve fund within the meaning of Treasury Regulation Section 1.860G-2(h). The Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Servicer and shall be remitted by the Trustee to the Depositor Servicer no later than the first Business Day following Distribution Date following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period Period, if any, and on the day of Distribution Date immediately following the termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account Account, to the extent funds are available therefore, and deposit in the Distribution Account Supplemental Interest Trust an amount amount, as provided in the related Determination Date Report, equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution lesser of cash by (i) the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from amount remaining in the Interest Coverage Account for such Distribution Date and remit (ii) the amount of any unpaid Monthly Interest Distributable Amount for the Class A Certificates and the Mezzanine Certificates, to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) extent not paid pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodSection 4.01(a)(i).
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0111.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid remitted to the Depositor Servicer or its designee, solely upon the Servicer’s written direction.
(e) Amounts in the Interest Coverage Account shall only be invested at the prior written direction of the Servicer. If no such prior written investment direction has been provided by the Servicer to the Trustee, the Trustee shall hold such amounts uninvested.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing LLC), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated non-interest bearing trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “Interest Coverage Account, Deutsche Bank National Trust Company, as trustee for the benefit of registered holders of Impac Secured Assets Corp.Long Beach Mortgage Loan Trust 2006‑9, Mortgage PassAsset-Through Backed Certificates, Series 2007-32006‑9” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Servicer and shall be remitted by the Trustee to the Depositor Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each the first Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding PeriodDate, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account Reserve Fund an amount equal to the difference between (x) the aggregate amount of interest accrued during the related Accrual Period at the related Formula Rate on the Certificate Principal Balance of each Class of the Class A Certificates, the Mezzanine Certificates and the Class B Certificates immediately prior to such Distribution Date net of any Relief Act Interest Coverage Distribution Shortfalls or Net Prepayment Interest Shortfalls over (y) the sum of the Group I Interest Remittance Amount and the Group II Interest Remittance Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by On the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer second Distribution Date, the Trustee shall, at the request of the Depositor, shall withdraw any remaining amounts from the Interest Coverage Account and remit distribute them to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodServicer.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2006-9)
Interest Coverage Account. (a) No With respect to each Sub-Pool and no later than the Closing Date, the Trustee shall establish and maintain with itself a separate, segregated trust account or a sub-account of a trust account, which shall be titled “an Eligible Account, titled, with respect to Sub-Pool 1, "Sub-Pool 1 Interest Coverage Account, Deutsche Bank LaSalle National Trust CompanyBank, as trustee for the benefit of registered holders of Impac Secured Assets Corp., AFC Mortgage Pass-Through Loan Asset Backed Certificates, Series 20071996-3” (the “4" and with respect to Sub-Pool 2, "Sub-Pool 2 Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub, LaSalle National Bank, as trustee for the registered holders of AFC Mortgage Loan Asset Backed Certificates, Series 1996-account of an Eligible Account. 4." The Trustee shall, promptly upon receipt, deposit in the related Interest Coverage Account and retain therein the Initial related Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the related Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) . For federal income tax purposes, the Depositor shall be the owner of the related Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the any Interest Coverage Account be an asset of any REMIC created hereunderthe Trust Fund REMIC. All income and gain realized from investment of funds deposited in the each Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor no later than on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereoneach Remittance Date. The Depositor shall deposit in the related Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(cb) On With respect to each Distribution Date during the PreSub-Funding Period Pool and on the day of termination of the Pre-Funding PeriodJanuary 27, 1997 Remittance Date, the Trustee shall withdraw from the related Interest Coverage Account and deposit in the Distribution related Certificate Account an amount amount, as provided in the Servicer's Monthly Remittance Report, equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I (i) 30 days' interest on the date thereof. Immediately following any such withdrawal related Original Pre-Funded Amount calculated at an annual rate equal to 11.6734% with respect to Sub-Pool 1 and deposit, and immediately following 10.1421% with respect to Sub-Pool 2 minus (ii) the conveyance sum of any (1) interest payments received on Subsequent Mortgage Loan Loans with respect to the Trust related Sub-Pool during the related Due Period and (2) Monthly Advances in respect of interest portions of delinquent Monthly Payments on any Subsequent Transfer Date, Mortgage Loans with respect to the related Sub-Pool conveyed to the Trustee shall, at the request of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Prerelated Due Period.
(c) With respect to each Sub-Funding Period or Pool and on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding PeriodFebruary 25, as applicable. On the day of termination of the Pre-Funding Period1997 Remittance Date, the Trustee shall withdraw from the related Interest Coverage Account and remit deposit in the related Certificate Account an amount, as provided in the Servicer's Monthly Remittance Report, equal to (i) 30 days' interest on the related Original Pre-Funded Amount minus the aggregate Principal Balance of Subsequent Mortgage Loans conveyed to the Depositor or its designee Trustee having a Due Date prior to January 1, 1997 at an annual rate equal to 11.6734% with respect to Sub-Pool 1 and 10.1421% with respect to Sub-Pool 2 minus (ii) the amount remaining in such Interest Coverage Account after payment sum of the amount required to be withdrawn therefrom pursuant (1) interest payments received on Subsequent Mortgage Loans conveyed to the first sentence Trustee during the related Due Period and (2) Monthly Advances in respect of this paragraph interest portions of delinquent Monthly Payments on Subsequent Mortgage Loans with respect to the day of termination of related Sub-Pool conveyed to the Pre-Funding Trustee during the related Due Period.
(d) Upon With respect to each Sub-Pool and on the earliest date of conveyance of a Subsequent Mortgage Loan to the Trustee, excess funds on deposit in the related Interest Coverage Account in an amount equal to the product of (i) the Distribution Principal Balance of such Subsequent Mortgage Loan and (ii) 11.6734% with respect to Sub-Pool 1 and 10.1421% with respect to Sub-Pool 2 and (iii) a fraction, the numerator of which is the number of days from the Subsequent Transfer Date to February 14, 1997 and the denominator of which is 360 days, shall be remitted immediately following to the end Depositor.
(e) With respect to each Sub-Pool and upon the earlier of (i) the Pre-Funding PeriodFebruary 25, 1997 Remittance Date, (ii) the reduction of the Certificate related Class 1A Principal Balance of or the Certificates Class 2A Principal Balance to zero and zero, (iii) the termination of this Agreement in accordance with Section 9.0111.01, (iv) the date of the conveyance of the last Subsequent Mortgage Loan to the Trustee, as set forth in a written letter of instruction by the Servicer to the Trustee, or (v) termination of the related Sub-Pool, any amount remaining on deposit in the related Interest Coverage Account after distributions pursuant to paragraph (cSections 6.13(b) and 6.13(c) above shall be withdrawn by the Trustee and paid to the Depositor or its designeeDepositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Superior Bank FSB)
Interest Coverage Account. (a) No later than the Closing Date, the Indenture Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust Company, as indenture trustee for the benefit of registered holders of Impac Secured IMH Assets Corp., Mortgage PassCollateralized Asset-Through CertificatesBacked Bonds, Series 20072002-3” 6F" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Indenture Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Indenture Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Indenture Trustee for the Certificateholders and the Certificate Insurer Bondholders for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Master Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the DepositorMaster Servicer in Permitted Investments, shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Indenture Trustee to the Depositor Master Servicer no later than the first Business Day following receipt of such income and gain by the Indenture Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Payment Date during the Pre-Funding Period and on the day of termination Payment Date immediately following the end of the Pre-Funding Period, the Indenture Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Payment Account an amount equal to 30 days' interest on the Interest Coverage Distribution excess, if any, of the Original Pre-Funded Amount for over the aggregate Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution DatePayment Date and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Payment Date occurs, at a per annum rate equal to 5.449%, plus the Indenture Trustee's Fee Rate. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Master Servicer to REMIC I the Trust Fund on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Indenture Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first preceding sentence of this paragraph on each subsequent Distribution Payment Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Payment Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodPayment Date.
(d) Upon the earliest of (i) the Distribution Payment Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Bond Principal Balance Balances of the Certificates Bonds to zero and or (iii) the termination of this Agreement in accordance with Section 9.018.04, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Indenture Trustee and paid to the Depositor Master Servicer or its designee.
Appears in 1 contract
Samples: Indenture (Imh Assets Corp Impact CMB Trust Series 2002-7)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Trust Administrator shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche U.S. Bank National Association as Trust CompanyAdministrator for Firstar Bank, N.A. as trustee Trustee for the benefit of registered holders of Impac Secured Assets Corp.New Century Home Equity Loan Trust 1999-NCD, Mortgage Pass-Through Asset- Backed Certificates, Series 20071999-3” NCD" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee Trust Administrator shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee Trust Administrator by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Trust Administrator for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Master Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon to the written direction of extent not needed to pay the Depositoramounts set forth in Section 4.09(c), shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee Trust Administrator to the Depositor no later than Master Servicer on the first Business Day Distribution Date immediately following receipt the end of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedFunding Period. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee Trust Administrator shall withdraw from the Interest Coverage Account Account, to the extent funds are available therefore, and deposit in the Distribution Certificate Account an amount amount, as provided in the related Remittance Report, equal to (i) 30 days' interest on 98.90% of the Original Pre-Funded Amount calculated at an annual rate equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution sum of cash by the Depositor to REMIC I Pass-Through Rate on the date thereof. Immediately following Class A Certificates, the Administrative Fee Rate and the Premium Rate as of the commencement of the related Due Period, minus (ii) the sum of (A) any such withdrawal and deposit, and immediately following the conveyance of any interest payments received on Subsequent Mortgage Loan Loans during the related Due Period and (B) any Delinquency Advances in respect of interest portions of delinquent Monthly Payments on the Subsequent Mortgage Loans conveyed to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur Administrator during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding related Due Period.
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Class A Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Trust Administrator and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (New Century Mort Sec Inc Home Equity Loan Trust Ser 1999 NCD)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust Company, as trustee Trustee for the benefit of registered holders of Impac Secured Assets Corp.Ameriquest Mortgage Securities Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 20072003-3” 5" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount, remitted on the Closing Date 105 to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Trustee shall invest funds deposited in the Interest Coverage Account in Permitted Investments of the kind described in clauses (i), (v) or (vi) of the definition of Permitted Investments, as directed by the Master Servicer, with a maturity date no later than the second Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor holder of the largest Percentage Interest of the Residual Certificates shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunderTrust REMIC. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Distribution Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to 30 days' interest on the Interest Coverage excess, if any, of the Original Pre-Funded Amount, over the aggregate Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution Amount Date and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the Pass-Through Rate of the Offered Certificates for such Distribution Date, with the Pass-Through Rate on the Class A-1 Certificates, solely for the purposes of the foregoing calculation, multiplied by a fraction, the numerator of which is the actual number of days in the Accrual Period for such Class for such Distribution Date, and the denominator of which is 30. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Master Servicer to REMIC I on the date thereof. I. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such the Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or (assuming that LIBOR remains constant at the Distribution Date following level of LIBOR applicable to the end calculation of the PrePass-Funding Period, as applicable. On Through Rate for the day of termination of A-1 Certificates for the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Periodcurrent Distribution Date).
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the aggregate Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) and (d) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.. 106
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mort Sec Inc Asset Back Pas THR Certs Ser 2003 5)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank Bankers Trust Company of California, National Trust CompanyAssociation, as trustee for the benefit of registered holders of Impac Secured Assets Corp., Mortgage Pass-Through Certificates, Series 20072001-3” 7" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Company. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Master Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor Master Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Certificate Account an amount equal to 30 days' interest on the Interest Coverage Distribution excess, if any, of the Original Pre-Funded Amount for over the aggregate Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution DateDate and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the weighted average of the Net Mortgage Rates of the Mortgage Loans, plus the Trustee's Fee Rate. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Master Servicer to REMIC I 1 on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodDate.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor Master Servicer or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Impac Secured Assets Corp)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust account, which shall be titled “"Interest Coverage Account, Deutsche Bank One, National Trust CompanyAssociation, as trustee for the benefit of registered holders of Impac Secured Assets Corp.Structured Asset Mortgage Investments Inc., Mortgage Pass-Pass- Through Certificates, Series 20072002-3” AR2" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Seller. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Class X Certificateholder shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the DepositorClass X Certificateholder, shall be for the sole and exclusive benefit of the Depositor Class X Certificateholder and shall be remitted by the Trustee to the Depositor Class X Certificateholder no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Class X Certificateholder shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to 30 days' interest on the Interest Coverage Distribution excess, if any, of the Pre-Funded Amount for over the aggregate Scheduled Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution DateDate and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the weighted average of the Net Mortgage Rates of those Subsequent Mortgage Loans. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Mortgage Loan Seller to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Mortgage Loan Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodDate.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance principal balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor Seller or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank First Trust National Trust CompanyAssociation, as trustee for the benefit of registered holders of Impac Secured Assets Corp.Salomon Brothers Mortgage Securities VII, Mortgage PassInc., New Century Asset-Through Backed Floating Rate Certificates, Series 20071998-3” NC1" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any of REMIC created hereunderI, REMIC II or REMIC III. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Remittance Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each With respect to the initial Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding PeriodDate, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount amount, as provided in the related Remittance Report, equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I (i) 30 days' interest on the date thereof. Immediately following Original Pre-Funded Amount calculated at an annual rate equal to approximately 8.965%, minus (ii) the sum of (1) any such withdrawal and deposit, and immediately following the conveyance of any interest payments received on Subsequent Mortgage Loan Loans during the related Due Period and (2) any P&I Advance in respect of the interest portion of delinquent Monthly Payments on the Subsequent Mortgage Loans conveyed to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding related Due Period.
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Periodoccurring in April 1998, (ii) the reduction of the Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (New Century Asset Backed Floating Rate Cert Ser 1998-Nc1)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Securities Administrator shall establish and maintain a segregated trust account or a sub-account sub accounts of a trust account, which shall be titled “Interest Coverage Account, Deutsche LaSalle Bank National Trust CompanyAssociation, as trustee for the benefit of holders of Impac Secured Assets Corp.Structured Asset Mortgage Investments II Inc., Luminent Mortgage PassTrust 2005-Through Certificates1, Mortgage-Backed Notes, Series 20072005-31”, as trustee for the benefit of holders of Structured Asset Mortgage Investments II Inc., Luminent Mortgage Trust 2005-1, Mortgage-Backed Notes, Series 2005-1” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-sub account of an Eligible Account. The Trustee Securities Administrator shall, promptly upon receipt, deposit in the related Interest Coverage Account and retain therein the Initial related Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee Securities Administrator by the Depositor Seller and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b3.27(b). Funds deposited in the related Interest Coverage Account shall be held in trust by the Trustee Securities Administrator for the Certificateholders and benefit of the Certificate Insurer related Noteholders for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Seller shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the DepositorSeller, shall be for the sole and exclusive benefit of the Depositor Seller and shall be remitted by the Trustee Securities Administrator to the Depositor Seller no later than the first Business Day following receipt of such income and gain by the TrusteeSecurities Administrator. If no written direction with respect to such investment shall be received by the Trustee Securities Administrator from the DepositorSeller, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Seller shall deposit in the related Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Payment Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee Securities Administrator shall withdraw from the Interest Coverage Account and deposit in the Distribution Payment Account an amount equal to 30 days’ interest on the Interest Coverage Distribution Amount for excess, if any, of the Original Pre-Funded Amount, respectively, over the aggregate Scheduled Principal Balance of the Subsequent Mortgage Loans, that (in each case) both (i) had a Due Date during the Due Period relating to such Distribution DatePayment Date and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Payment Date occurs. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I Seller on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee Securities Administrator shall, at the request of the DepositorSeller, withdraw from the Interest Coverage Account and remit to the Depositor Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account Account, respectively, over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first preceding sentence of this paragraph on each subsequent Distribution Payment Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Payment Date immediately following the end of the Pre-Funding Period Period, if no related Subsequent Mortgage Loan Loans were acquired by the Trust Fund Estate after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodPayment Date.
(d) Upon the earliest of (i) the Distribution Payment Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Note Principal Balance Balances of the Certificates Notes to zero and or (iii) the termination of this Agreement Indenture in accordance with Section 9.018.03, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Securities Administrator and paid to the Depositor Seller or its designee.
Appears in 1 contract
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-sub account of a trust account, which shall be titled “Interest Coverage Account, Deutsche LaSalle Bank National Trust Company, Association as trustee for the benefit of holders of Impac Secured Assets Corp.Bear Xxxxxxx Asset Backed Securities I LLC, Mortgage PassMortgage-Through Backed Certificates, Series 20072005-3WM2” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-sub account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b4.06(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Seller to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the DepositorSeller, withdraw from the Interest Coverage Account and remit to the Depositor Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first third preceding sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Current Principal Balance Amount of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Saco I Trust, 2005-Wm2)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust Company, as trustee Trustee for the benefit of registered holders of Impac Secured Assets Corp.Ameriquest Mortgage Securities Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 20072003-3” 5" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount, remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Trustee shall invest funds deposited in the Interest Coverage Account in Permitted Investments of the kind described in clauses (i), (v) or (vi) of the definition of Permitted Investments, as directed by the Master Servicer, with a maturity date no later than the second Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor holder of the largest Percentage Interest of the Residual Certificates shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunderTrust REMIC. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Distribution Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to 30 days' interest on the Interest Coverage excess, if any, of the Original Pre-Funded Amount, over the aggregate Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution Amount Date and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the Pass-Through Rate of the Offered Certificates for such Distribution Date, with the Pass-Through Rate on the Class A-1 Certificates, solely for the purposes of the foregoing calculation, multiplied by a fraction, the numerator of which is the actual number of days in the Accrual Period for such Class for such Distribution Date, and the denominator of which is 30. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Master Servicer to REMIC I on the date thereof. I. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such the Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or (assuming that LIBOR remains constant at the Distribution Date following level 106 of LIBOR applicable to the end calculation of the PrePass-Funding Period, as applicable. On Through Rate for the day of termination of A-1 Certificates for the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Periodcurrent Distribution Date).
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the aggregate Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) and (d) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mort Sec Inc Asset Back Pas THR Certs Ser 2003 5)
Interest Coverage Account. (a) No later If the Interest Coverage Amount is greater than zero on the Closing Date, the Trustee Trustee, at the direction of the Servicer, shall establish and maintain maintain, a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “Interest Coverage Account, Deutsche Bank National Trust Company, as trustee Trustee for the benefit of registered holders of Impac Secured Assets Corp.NovaStar Mortgage Funding Trust 2006-5, Mortgage PassHome Equity Loan Asset-Through Backed Certificates, Series 20072006-35” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein (i) the Initial Interest Coverage Deposit Amount (which amount is $0.00) remitted on the Closing Date to the Trustee by the Depositor and all (ii) income and gain realized from investment of funds on deposit investments in the Pre-Funding Account pursuant to Section 4.14(b)Account. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Trustee, for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Trustee shall treat the Interest Coverage Account as an outside reserve fund within the meaning of Treasury Regulation Section 1.860G-2(h). The Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Servicer and shall be remitted by the Trustee to the Depositor Servicer no later than the first Business Day following Distribution Date following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period Period, if any, and on the day of Distribution Date immediately following the termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account Account, to the extent funds are available therefore, and deposit in the Distribution Account Supplemental Interest Trust an amount amount, as provided in the related Determination Date Report, equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution lesser of cash by (i) the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from amount remaining in the Interest Coverage Account for such Distribution Date and remit (ii) the amount of any unpaid Monthly Interest Distributable Amount for the Class A Certificates and the Mezzanine Certificates, to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) extent not paid pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodSection 4.01(a)(i).
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0111.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid remitted to the Depositor Servicer or its designee, solely upon the Servicer’s written direction.
(e) Amounts in the Interest Coverage Account shall only be invested at the prior written direction of the Servicer. If no such prior written investment direction has been provided by the Servicer to the Trustee, the Trustee shall hold such amounts uninvested.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing CORP)
Interest Coverage Account. (a) No With respect to Loan Group I, no later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “titled, "Group I Interest Coverage Account, Deutsche The Bank National Trust Companyof New York, as trustee Trustee, in trust for the benefit registered Certificateholders of holders of Impac Secured Assets Corp.New South Home Equity Trust 2001-1, Mortgage PassAsset-Through Backed Certificates, Series 2007-3” 2001- 1" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Master Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. t At no time will the Interest Coverage Account be an asset of any REMIC created hereunderTrust REMIC. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment Account shall be made solely upon deemed earned by the written direction of the Depositor, shall be Master Servicer for the sole and exclusive benefit of the Depositor federal income tax purposes and shall be remitted by redeposited into the Trustee to the Depositor no later than the first Business Day following receipt of such income and gain Interest Coverage Account by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On With respect to Loan Group I and on each Distribution Date during the Pre-Funding Period and on the day of termination two Distribution Dates immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to 30 days' interest on the Interest Coverage Distribution excess, if any, of the Original Pre-Funded Amount for such Loan Group over the aggregate Principal Balance of Subsequent Loans that both (i) had a Due Date during the Due Period relating to such Distribution Date and (ii) had a Subsequent Cut-off Date prior to the beginning of the Due Period relating to such Distribution Date, at a per annum rate equal to 6.938% . Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Servicer to REMIC I on the date thereof1. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such the Interest Coverage Account over 103 the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination first or second Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Due Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodDate.
(d) Upon the earliest earlier of (i) the second Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Class A Certificates to zero and the reduction of either the Notional Amount or the Pass-Through Rate of the Class S-1 Certificates to zero or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (cSection 4.11(c) above shall be withdrawn by the Trustee and paid remitted to the Depositor Master Servicer or its designee.. 104
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Financial Asset Sec Corp New South Home Equity Trust 2001-1)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Paying Agent shall establish and maintain a segregated trust account or a sub-sub account of a trust account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust CompanyCitibank, N.A. as trustee for the benefit of holders of Impac Secured Assets Corp.Structured Asset Mortgage Investments II Inc. Bear Xxxxxxx ALT-A Trust, Mortgage Pass-Through Certificates, Series 2007-3” " (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-sub account of an Eligible Account. The Trustee Depositor shall remit to the Paying Agent and the Paying Agent shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein therein, the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee Paying Agent by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b4.09(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Paying Agent for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee Paying Agent to the Depositor no later than the first Business Day following receipt of such income and gain by the TrusteePaying Agent. If no written direction with respect to such investment shall be received by the Trustee Paying Agent from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit (or cause to be deposited) in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and deposit in the Distribution Pre-Funding Reserve Account an amount equal of interest that accrues during the related Interest Accrual Period at the Net Rate Cap with respect to the Interest Coverage Distribution Class I-A Certificates on the excess, if any, of the Pre-Funded Amount for over the aggregate Stated Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution DateDate or the Distribution Date following the end of the Pre-Funding Period, as applicable, and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee Paying Agent shall, at the request of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicableapplicable on the date thereof. On the day of termination first Distribution Date following the end of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first second preceding sentence of this paragraph on the day of termination for such Distribution Date for payment to Holders of the PreClass I-Funding PeriodA Certificates.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0111.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Paying Agent and paid to the Depositor Seller or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2007-3)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust Company____________________, as trustee Trustee for the benefit of registered holders of Impac Secured Assets Corp.Park Place Securities, Mortgage Inc., Park Place Asset-Backed Pass-Through Certificates, Series 2007____-3” ___" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Trustee will invest funds deposited in the Interest Coverage Account in Permitted Investments of the kind described in clauses (i), (v) or (vi) of the definition of Permitted Investments, as directed by the Master Servicer, with a maturity date no later than the second Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor holder of the largest Percentage Interest of the Residual Certificates shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any of REMIC created hereunderI, REMIC II or REMIC III. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Remittance Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On With respect to each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount amount, as provided in the related Remittance Report, equal to (i) 30 days' interest on the Original Pre-Funded Amount calculated at an annual rate equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request weighted average of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, Net Mortgage Rates of the amount remaining Mortgage Loans in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end as of the Prepayment commencement of the 105 related Due Period, minus (ii) the sum of (1) any interest payments received by the Master Servicer on Subsequent Mortgage Loans during the related Due Period relating and (2) any P&I Advance in respect of the interest portion of delinquent Monthly Payments on the Subsequent Mortgage Loans conveyed to the current Distribution Date or Trustee during the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding related Due Period.
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Park Place Securities, Inc.)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust Company, as trustee Trustee for the benefit of registered holders of Impac Secured Assets Corp.Argent Securities Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 20072003-3” W1" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount, remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Trustee shall invest funds deposited in the Interest Coverage Account in Permitted Investments of the kind described in clauses (i), (v) or (vi) of the definition of Permitted Investments, as specified in a written direction from the Master Servicer, with a maturity date no later than the second Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor holder of the largest Percentage Interest of the Residual Certificates shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunderTrust REMIC. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Distribution Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the last day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to 30 days' interest on the Interest Coverage excess, if any, of the Original Pre-Funded Amount, over the aggregate Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution Amount Date and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the weighted average Pass-Through Rate of the Offered Certificates for such Distribution Date, with the Pass-Through Rate on the Offered Certificates, other than the Class MF-6 Certificates, solely for the purposes of the foregoing calculation, multiplied by a fraction, the numerator of which is the actual number of days in the Accrual Period for such Class for such Distribution Date, and the denominator of which is 30. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Master Servicer to REMIC I on the date thereof. I. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such the Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or (assuming that LIBOR remains constant at the Distribution Date following level of LIBOR applicable to the end calculation of the PrePass-Funding Period, as applicable. On Through Rate for the day of termination of A-1 Certificates for the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Periodcurrent Distribution Date).
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the aggregate Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, Section
9.01 any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) and (d) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Argent Sec Inc Asset Backed Pas THR Cer Ser 2003-Wi)
Interest Coverage Account. (a) No With respect to each Sub-Pool and no later than the Closing Date, the Trustee shall establish and maintain with itself a separate, segregated trust account or a sub-account of a trust account, which shall be titled “an Eligible Account, titled, with respect to Sub-Pool 1, "Sub-Pool 1 Interest Coverage Account, Deutsche Bank LaSalle National Trust CompanyBank, as trustee for the benefit of registered holders of Impac Secured Assets Corp., AFC Mortgage Pass-Through Loan Asset Backed Certificates, Series 20071997-3” (the “" and with respect to Sub-Pool 2, "Sub-Pool 2 Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub, LaSalle National Bank, as trustee for the registered holders of AFC Mortgage Loan Asset Backed Certificates, Series 1997-account of an Eligible Account. 3." The Trustee shall, promptly upon receipt, deposit in the related Interest Coverage Account and retain therein the Initial related Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the related Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) . For federal income tax purposes, the Depositor shall be the owner of the related Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the any Interest Coverage Account be an asset of any REMIC created hereunderthe Trust Fund REMIC. All income and gain realized from investment of funds deposited in the each Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor no later than on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereoneach Remittance Date. The Depositor shall deposit in the related Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Superior Bank FSB)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust Company, as trustee Trustee for the benefit registered Holders of holders of Impac Secured Assets Corp.Ameriquest Mortgage Securities Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 20072003-3” 11" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Trustee shall invest funds deposited in the Interest Coverage Account in Permitted Investments of the kind described in clauses (i), (v) or (vi) of the definition of Permitted Investments, as directed by the Master Servicer, with a maturity date no later than the second Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor Holder of the largest Percentage Interest of the Residual Certificates shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunderTrust REMIC. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Distribution Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the last day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to 30 days' interest on the Interest Coverage excess, if any, of the Original Pre- Funded Amounts, over the aggregate Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution Amount Date and (ii) had a Subsequent Cut- off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the weighted average Pass-Through Rate of the Offered Certificates for such Distribution Date, with the Pass-Through Rate on the Adjustable-Rate Certificates, solely for the purposes of the foregoing calculation, multiplied by a fraction, the numerator of which is the actual number of days in the Accrual Period for such Class for such Distribution Date, and the denominator of which is 30. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Master Servicer to REMIC I on the date thereof. I. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such the Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the last day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or (assuming that LIBOR remains constant at the level of LIBOR applicable to the calculation of the Pass-Through Rate for the Adjustable-Rate Certificates for the current Distribution Date). Any amounts deposited to the Distribution Date following Account on the end last day of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee Period shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Periodheld uninvested.
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the aggregate Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) and (d) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mort Sec Inc Asset Backed Pass THR Certs Se 03 11)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated non-interest bearing trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust Company, as trustee for the benefit of registered holders of Impac Secured Assets Corp.Long Beach Mortgage Loan Trust 2006-3, Mortgage PassAsset-Through Backed Certificates, Series 20072006-3” " (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Master Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor Master Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each the first Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding PeriodDate, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account Reserve Fund an amount equal to the difference between (x) the aggregate amount of interest accrued during the related Accrual Period at the related Formula Rate on the Certificate Principal Balance of each Class of the Class A Certificates, the Mezzanine Certificates and the Class B Certificates immediately prior to such Distribution Date net of any Relief Act Interest Coverage Distribution Shortfalls or Net Prepayment Interest Shortfalls over (y) the sum of the Group I Interest Remittance Amount and the Group II Interest Remittance Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by On the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer second Distribution Date, the Trustee shall, at the request of the Depositor, shall withdraw any remaining amounts from the Interest Coverage Account and remit distribute them to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodMaster Servicer.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2006-3)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Paying Agent shall establish and maintain a segregated trust account or a sub-account of a trust account, which shall be titled “Interest Coverage Account, Deutsche Bank JPMorgan Chase Bank, National Trust CompanyAssociation, as trustee for the benefit of holders of Impac Secured Assets Corp.Structured Asset Mortgage Investments Inc., GreenPoint MTA Trust 2005-AR1, Mortgage Pass-Through Certificates, Series 20072005-3AR1” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee Paying Agent shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee Paying Agent by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b4.07(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Paying Agent for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Paying Agent will invest funds deposited in the Interest Coverage Account as directed by the Depositor or its designee in writing in Permitted Investments with a maturity date (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Paying Agent or an Affiliate of the Paying Agent is the obligor for the Permitted Investment, or (ii) no later than the date on which such funds are required to be withdrawn from such account or sub account of a trust account pursuant to this Agreement, if the Paying Agent or an affiliate of the Paying Agent is the obligor for the Permitted Investment (or, if no written direction is received by the Paying Agent from the Depositor, then funds in such account shall remain uninvested). For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee Paying Agent to the Depositor no later than the first within one Business Day following receipt from the closing of such income and gain by the TrusteeInterest Coverage Account. If no written direction with respect to such investment shall be received by the Trustee Paying Agent from the Depositor, then than funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and deposit in the Distribution Pre-Funding Reserve Account an amount equal of interest that accrues in accordance with Section 4.08(b) hereof during the related Interest Accrual Period on the excess, if any, of the Pre-Funded Amount over the aggregate Scheduled Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable, and (ii) had a Subsequent Cut-off Date prior to the Interest Coverage Distribution Amount for first day of the month in which such Distribution DateDate occurs. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Seller to REMIC I II on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee Paying Agent shall, at the request of the DepositorSeller, withdraw from the Interest Coverage Account and remit to the Depositor Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and remit to the Depositor Seller or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first second preceding sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance principal balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Paying Agent and paid to the Depositor Seller or its designee; and following such withdrawal the Account will be closed.
Appears in 1 contract
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank First Trust National Trust CompanyAssociation, as trustee for the benefit of registered holders of Impac Secured Assets Corp.Salomon Brothers Mortgage Securities VII, Mortgage PassInc., New Century Asset-Through Backed Floating Rate Certificates, Series 20071997-3” NC4" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any of REMIC created hereunderI, REMIC II or REMIC III. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Remittance Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each With respect to the initial Distribution Date Date, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount, as provided in the related Remittance Report, equal to (i) 30 days' interest on the Original Pre-Funded Amount calculated at an annual rate equal to approximately 8.82%, minus (ii) the sum of (1) any interest payments received on Subsequent Mortgage Loans during the Pre-Funding related Due Period and (2) any P&I Advance in respect of the interest portion of delinquent Monthly Payments on the day of termination of Subsequent Mortgage Loans conveyed to the Pre-Funding Trustee during the related Due Period.
(d) With respect to the Distribution date occurring in October 1997, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I (i) 30 days' interest on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance aggregate Stated Principal Balance of any each Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excessLoan, if any, with a first payment date in November 1997, calculated at an annual rate equal to the weighted average Net Mortgage Rate on the Mortgage Loans as of October 1, 1997, minus (ii) the sum of (1) any interest payments received on Subsequent Mortgage Loans during the related Due Period and (2) any P&I Advance in respect of the amount remaining in such Interest Coverage Account over interest portion of delinquent Monthly Payments on the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant Subsequent Mortgage Loans conveyed to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur Trustee during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding related Due Period.
(de) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Periodoccurring in October 1997, (ii) the reduction of the Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph paragraphs (c) and (d) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (New Century Asset Backed Float Rate Cert Series 1997-Nc4)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Xxxxx Fargo Bank National Trust CompanyMinnesota, N.A., as trustee for the benefit of registered holders of Impac Secured Assets Corp.Option One Mortgage Loan Trust 2001-4, Mortgage PassAsset-Through Backed Certificates, Series 20072001-3” 4" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Master Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor Master Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to 30 days' interest on the Interest Coverage excess, if any, of the Original Pre-Funded Amount over the aggregate Principal 101 Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution Amount Date and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the Pass-Through Rate of the Offered Certificates for such Distribution Date, with the Pass-Through Rate on the Class A Certificates and the Mezzanine Certificates, solely for the purposes of the foregoing calculation, each being multiplied by a fraction, the numerator of which is the actual number of days in the Accrual Period for such Class for such Distribution Date, and the denominator of which is 30. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Master Servicer to REMIC I 1, REMIC 2 and REMIC 3 on the date thereofthereof with REMIC 3 receiving that portion of the contribution, if any, to the extent that the rate of LIBOR used to calculate the Pass-Through Rate on the Class A Certificates and the Mezzanine Certificates for such Distribution Date exceeds 2.37625% per annum. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or (assuming that LIBOR remains constant at the Distribution Date following level of LIBOR applicable to the end calculation of the PrePass-Funding Period, as applicable. On Through Rate for the day of termination of Class A Certificates and the Pre-Funding Period, Mezzanine Certificates for the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Periodcurrent Distribution Date).
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor Master Servicer or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Option One Mort Acc Corp Asset Backed Cert Ser 2001-4)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-sub account of a trust account, which shall be titled “Interest Coverage Account, Deutsche LaSalle Bank National Trust Company, Association as trustee for the benefit of holders of Impac Secured Assets Corp.Bear Xxxxxxx Asset Backed Securities, Mortgage PassAsset-Through Backed Certificates, Series 20072005-3HE9” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-sub account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit for each Loan Group remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b4.06(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Seller to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the DepositorSeller, withdraw from the Interest Coverage Account and remit to the Depositor Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first third preceding sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-He9)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Securities Administrator shall establish and maintain a segregated trust account or a sub-sub account of a trust account, which shall be titled “Interest Coverage Account, Deutsche LaSalle Bank National Trust CompanyAssociation as securities administrator on behalf of Citibank, N.A., as trustee Trustee for the benefit of holders of Impac Secured Assets Corp.SACO I Trust 2005-8, Mortgage PassMortgage-Through Backed Certificates, Series 20072005-38” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-sub account of an Eligible Account. The Trustee Securities Administrator shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit for the Mortgage Loans remitted on the Closing Date to the Trustee Securities Administrator by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b4.06(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Securities Administrator for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee Securities Administrator to the Depositor no later than the first Business Day following receipt of such income and gain by the TrusteeSecurities Administrator. If no written direction with respect to such investment shall be received by the Trustee Securities Administrator from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee Securities Administrator shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Seller to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee Securities Administrator shall, at the request of the DepositorSeller, withdraw from the Interest Coverage Account and remit to the Depositor Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee Securities Administrator shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first third preceding sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0111.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Securities Administrator and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Saco I Trust 2005-8)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche U.S. Bank National Trust CompanyAssociation, as trustee for the benefit of registered holders of Impac Secured Assets Corp.Salomon Brothers Mortgage Securities VII, Mortgage PassInc., Asset-Through Backed Floating Rate Certificates, Series 2007-3” 1998- NC2" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any of REMIC created hereunderI, REMIC II or REMIC III. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Remittance Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each With respect to the initial Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding PeriodDate, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount amount, as provided in the related Remittance Report, equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I (i) 30 days' interest on the date thereof. Immediately following Original Pre-Funded Amount calculated at an annual rate equal to approximately 9.18%, minus (ii) the sum of (1) any such withdrawal and deposit, and immediately following the conveyance of any interest payments received on Subsequent Mortgage Loan Loans during the related Due Period and (2) any P&I Advance in respect of the interest portion of delinquent Monthly Payments on the Subsequent Mortgage Loans conveyed to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding related Due Period.
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Periodoccurring in June 1998, (ii) the reduction of the Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Asset Backed Floating Rate Certificates Series 1998-Nc2)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Wells Fargo Bank National Trust CompanyMinnesota, N.A., as trustee xxxxtee for the benefit of registered holders of Impac Secured Assets Corp.Option One Mortgage Loan Trust 2000-4, Mortgage PassAsset-Through Backed Certificates, Series 20072000-3” 4" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Master Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor Master Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to 30 days' interest on the Interest Coverage excess, if any, of the Original Pre-Funded Amount over the aggregate Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution Amount Date and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the Pass-Through Rate of the Class A Certificates and the Mezzanine Certificates for such Distribution Date, with the Pass-Through Rate on the Class A Certificates and the Mezzanine Certificates, solely for the purposes of the foregoing calculation, each being multiplied by a fraction, the numerator of which is the actual number of days in the Accrual Period for such Class for such Distribution Date, and the denominator of which is 30. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Master Servicer to REMIC I 1 and REMIC 2 on the date thereofthereof with REMIC 2 receiving that portion of the contribution, if any, to the extent that the rate of LIBOR used to calculate the Pass-Through Rate on the Class A Certificates and the Mezzanine Certificates for such Distribution Date exceeds 6.62% per annum. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or (assuming that LIBOR remains constant at the Distribution Date following level of LIBOR applicable to the end calculation of the PrePass-Funding Period, as applicable. On Through Rate for the day of termination of Class A Certificates and the Pre-Funding Period, Mezzanine Certificates for the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Periodcurrent Distribution Date).
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor Master Servicer or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Option One Mortgage Acceptance Corp Ass Back Cert Ser 2000 4)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “Interest Coverage Account, Deutsche Bank National Trust CompanyWxxxx Fargo Bank, N.A., as trustee for the benefit of registered holders of Impac Secured Assets Corp.Soundview Home Loan Trust 2007-OPT4, Mortgage PassAsset-Through Backed Certificates, Series 2007-3OPT4” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each the first Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding PeriodDate, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Net WAC Rate Carryover Reserve Account an amount equal to the difference between (x) the aggregate amount of interest accrued during the related Accrual Period at the related Formula Rate on the Certificate Principal Balance of each Class of Class A and Mezzanine Certificates immediately prior to such Distribution Date net of any Relief Act Interest Coverage Distribution Shortfalls or Net Prepayment Interest Shortfalls over (y) the sum of the Group I Interest Remittance Amount and Group II Interest Remittance Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by On the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer second Distribution Date, the Trustee shall, at the request of the Depositor, shall withdraw any remaining amounts from the Interest Coverage Account and remit distribute such amount to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodDepositor.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt4)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche U.S. Bank National Trust CompanyAssociation, as trustee for the benefit of registered holders of Impac Secured Assets Corp.Salomon Brothers Mortgage Securities VII, Mortgage PassInc., New Century Asset-Through Backed Certificates, Series 2007-3” 1998- NC3" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any of REMIC created hereunderI, REMIC II or REMIC III. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Remittance Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On With respect to each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount amount, as provided in the related Remittance Report, equal to (i) 30 days' interest on the Original Pre- Funded Amount calculated at an annual rate equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request weighted average of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, Net Mortgage Rates of the amount remaining Mortgage Loans in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end as of the Prepayment commencement of the related Due Period, minus (ii) the sum of (1) any interest payments received on Subsequent Mortgage Loans during the related Due Period relating and (2) any P&I Advance in respect of the interest portion of delinquent Monthly Payments on the Subsequent Mortgage Loans conveyed to the current Distribution Date or Trustee during the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding related Due Period.
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Senior Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Salomon Bros Mort Sec Vii Inc Mort Pa THR Cert Ser 1998-Wfc1)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Trust Administrator, as agent for the Trustee, shall establish and maintain a two segregated trust account or a sub-account of a trust accountaccounts that are Eligible Accounts, which shall be titled “"Group I Interest Coverage Account, Deutsche Bank National Trust Company, as trustee agent for U.S. Bank National Association, as Trustee for the benefit of registered holders of Impac Secured Assets Corp.Ameriquest Mortgage Securities Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 20072002-3” 2" (the “"Group I Interest Coverage Account”") and "Group II Interest Coverage Account, Deutsche Bank National Trust Company, as agent for U.S. Bank National Association, as Trustee for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2002-2" (the "Group II Interest Coverage Account"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee Trust Administrator shall, promptly upon receipt, deposit in the applicable Interest Coverage Account and retain therein the Initial Group I Interest Coverage Deposit Amount and the Group II Interest Coverage Amount, as applicable, remitted on the Closing Date to the Trustee Trust Administrator by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account Accounts shall be held in trust by the Trustee Trust Administrator for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.herein 112
(b) The Trust Administrator will invest funds deposited in the Interest Coverage Accounts in Permitted Investments of the kind described in clauses (i), (v) or (vi) of the definition of Permitted Investments, as directed by the Master Servicer, with a maturity date no later than the second Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor holder of the largest Percentage Interest of the Residual Certificates shall be the owner of the Interest Coverage Account Accounts and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account Accounts be an asset of any REMIC created hereunderTrust REMIC. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Accounts shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee Trust Administrator to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Distribution Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account Accounts the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee Trust Administrator shall withdraw from the Interest Coverage Account Accounts and deposit in the Distribution Account an amount equal to 30 days' interest on the Interest Coverage excess, if any, of the Group I Original Pre-Funded Amount or Group II Original Pre-Funded Amount, as applicable, over the aggregate Principal Balance of Subsequent Group I Mortgage Loans or Subsequent Group II Mortgage Loans, as applicable, that both (i) had a Due Date during the Due Period relating to such Distribution Amount Date and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the Pass-Through Rate of the Offered Certificates for such Distribution Date, with the Pass-Through Rate on the Class A Certificates and the Mezzanine Certificates, solely for the purposes of the foregoing calculation, each being multiplied by a fraction, the numerator of which is the actual number of days in the Accrual Period for such Class for such Distribution Date, and the denominator of which is 30. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Master Servicer to REMIC I on the date thereof1. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such the Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or (assuming that LIBOR remains constant at the Distribution Date following level of LIBOR applicable to the end calculation of the PrePass-Funding Period, as applicable. On Through Rate for the day of termination of Class A Certificates for the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Periodcurrent Distribution Date).
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account Accounts after distributions pursuant to paragraph (c) and (d) above shall be withdrawn by the Trustee Trust Administrator and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mort Sec Inc Ass Bk Pas THR Certs Ser 2002 2)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Wells Fargo Bank National Trust CompanyMinnesota, N.A., as trustee xxxxtee for the benefit of registered holders of Impac Secured Assets Corp.Option One Mortgage Loan Trust 2001-1, Mortgage PassAsset-Through Backed Certificates, Series 20072001-3” 1" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Master Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor Master Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to 30 days' interest on the Interest Coverage excess, if any, of the Original Pre-Funded Amount over the aggregate Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution Amount Date and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the Pass-Through Rate of the Class A Certificates and the Mezzanine Certificates for such Distribution Date, with the Pass-Through Rate on the Class A Certificates and the Mezzanine Certificates, solely for the purposes of the foregoing calculation, each being multiplied by a fraction, the numerator of which is the actual number of days in the Accrual Period for such Class for such Distribution Date, and the denominator of which is 30. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Master Servicer to REMIC I 1 and REMIC 2 on the date thereofthereof with REMIC 2 receiving that portion of the contribution, if any, to the extent that the rate of LIBOR used to calculate the Pass-Through Rate on the Class A Certificates and the Mezzanine Certificates for such Distribution Date exceeds 5.4675% per annum. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or (assuming that LIBOR remains constant at the Distribution Date following level of LIBOR applicable to the end calculation of the PrePass-Funding Period, as applicable. On Through Rate for the day of termination of Class A Certificates and the Pre-Funding Period, Mezzanine Certificates for the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Periodcurrent Distribution Date).
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor Master Servicer or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Option One Mort Accep Corp Asset Backed Cert Ser 2001-1)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-sub account of a trust account, which shall be titled “"Interest Coverage Account, Deutsche U.S. Bank National Trust Company, Association as trustee for the benefit of holders of Impac Secured Assets Corp.Structured Asset Mortgage Investments Inc., Bear Stearns ARM Trust, Mortgage Pass-Through Certificates, Series 20072004-3” 12" (the “xxx "Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-sub account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit for each Loan Group remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b4.06(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Pre-Funding Reserve Account an amount equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Seller to REMIC I II on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the DepositorSeller, withdraw from the Interest Coverage Account and remit to the Depositor Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first second preceding sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Current Principal Balance Amount of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2004-12)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Wxxxx Fargo Bank National Trust CompanyMinnesota, N.A., as trustee for the benefit of registered holders of Impac Secured Assets Corp.Option One Mortgage Loan Trust 2001-2, Mortgage PassAsset-Through Backed Certificates, Series 20072001-3” 2" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Master Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor Master Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to 30 days' interest on the Interest Coverage excess, if any, of the Original Pre-Funded Amount over the aggregate Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution Amount Date and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the Pass-Through Rate of the Class A Certificates and the Mezzanine Certificates for such Distribution Date, with the Pass-Through Rate on the Class A Certificates and the Mezzanine Certificates, solely for the purposes of the foregoing calculation, each being multiplied by a fraction, the numerator of which is the actual number of days in the Accrual Period for such Class for such Distribution Date, and the denominator of which is 30. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Master Servicer to REMIC I 1 and REMIC 2 on the date thereofthereof with REMIC 2 receiving that portion of the contribution, if any, to the extent that the rate of LIBOR used to calculate the Pass-Through Rate on the Class A Certificates and the Mezzanine Certificates for such Distribution Date exceeds 4.47125% per annum. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or (assuming that LIBOR remains constant at the Distribution Date following level of LIBOR applicable to the end calculation of the PrePass-Funding Period, as applicable. On Through Rate for the day of termination of Class A Certificates and the Pre-Funding Period, Mezzanine Certificates for the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Periodcurrent Distribution Date).
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor Master Servicer or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Asset Backed Certificates Series 2001-2)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust Company____________________, as trustee Trustee for the benefit of registered holders of Impac Secured Assets Corp.Argent Securities Inc., Argent Floating Rate Mortgage Pass-Through Certificates, Series 2007____-3” ___" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Trustee will invest funds deposited in the Interest Coverage Account in Permitted Investments of the kind described in clauses (i), (v) or (vi) of the definition of Permitted Investments, as directed by the Master Servicer, with a maturity date no later than the second Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor holder of the largest Percentage Interest of the Residual Certificates shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any of REMIC created hereunderI, REMIC II or REMIC III. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Remittance Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On With respect to each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount amount, as provided in the related Remittance Report, equal to (i) 30 days' interest on the Original Pre-Funded Amount calculated at an annual rate equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request weighted average of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, Net Mortgage Rates of the amount remaining Mortgage Loans in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end as of the Prepayment commencement of the related Due Period, minus (ii) the sum of (1) any interest payments received by the Master Servicer on Subsequent Mortgage Loans during the related Due Period relating and (2) any P&I Advance in respect of the interest portion of delinquent Monthly Payments on the Subsequent Mortgage Loans conveyed to the current Distribution Date or Trustee during the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding related Due Period.
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Argent Securities Inc)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated non-interest bearing trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “Interest Coverage Account, Deutsche Bank National Trust CompanyCitibank, N.A., as trustee for the benefit registered Holders of holders of Impac Secured Assets Corp., Mortgage PassWaMu Asset-Through Certificates, Backed Certificates WaMu Series 2007-3HE3 Trust” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. Amounts held in the Interest Coverage Account shall be invested in Permitted Investments upon and pursuant to written investment directions from the Servicer. The Trustee shall have no liability for losses on any such investment and in the absence of such written directions from the Servicer, the Trustee shall be under no duty to invest (or otherwise pay interest on) such funds. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Servicer and shall be remitted by the Trustee to the Depositor Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each the first Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding PeriodDate, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account Reserve Fund an amount equal to the difference between (x) the aggregate amount of interest accrued during the related Accrual Period at the related Formula Rate on the Certificate Principal Balance of each Class of the Class A Certificates and the Mezzanine Certificates immediately prior to such Distribution Date, minus the aggregate amount of any Relief Act Interest Coverage Shortfalls or Net Prepayment Interest Shortfalls for such Distribution Date over (y) the sum of the Group I Interest Remittance Amount and the Group II Interest Remittance Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by On the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer second Distribution Date, the Trustee shall, at the request of the Depositor, shall withdraw any remaining amounts from the Interest Coverage Account and remit distribute them to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodServicer.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (WaMu Asset-Backed Certificates, WaMu Series 2007-He3)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “Interest Coverage Account, Deutsche Bank National Trust CompanyWxxxx Fargo Bank, N.A., as trustee for the benefit of registered holders of Impac Secured Assets Corp.Option One Mortgage Loan Trust 2005-4, Mortgage PassAsset-Through Backed Certificates, Series 20072005-3” 4" (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Master Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor Master Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each the first Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding PeriodDate, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Net WAC Rate Carryover Resreve Account an amount equal to the difference between (x) the aggregate amount of interest accrued during the related Accrual Period at the related Formula Rate on the Certificate Principal Balance of each Class of Class A and Mezzanine Certificates immediately prior to such Distribution Date net of any Relief Act Interest Coverage Distribution Shortfalls or Net Prepayment Interest Shortfalls over (y) the sum of the Group I Interest Remittance Amount and Group II Interest Remittance Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by On the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer second Distribution Date, the Trustee shall, at the request of the Depositor, shall withdraw any remaining amounts from the Interest Coverage Account and remit distribute them to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodDepositor.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust account, which shall be titled “"Interest Coverage Account, Deutsche Bank One, National Trust CompanyAssociation, as trustee for the benefit of registered holders of Impac Secured Assets Corp.Structured Asset Mortgage Investments Inc., Mortgage Pass-Pass- Through Certificates, Series 20072002-3” AR3" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Seller. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Class X Certificateholders shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the DepositorClass X Certificateholders, shall be for the sole and exclusive benefit of the Depositor Class X Certificateholders and shall be remitted by the Trustee to the Depositor Class X Certificateholders no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Class X Certificateholders shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to 30 days' interest on the Interest Coverage Distribution excess, if any, of the Pre-Funded Amount for over the aggregate Scheduled Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution DateDate and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the weighted average of the Net Mortgage Rates of those Subsequent Mortgage Loans. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Mortgage Loan Seller to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Mortgage Loan Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodDate.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance principal balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor Seller or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mort Inv Inc Mort Pass THR Cert 2002-Ar3)
Interest Coverage Account. (a) No later than the Closing Date, the Indenture Trustee shall establish and maintain a on behalf of itself one or more segregated trust account or a sub-account of a trust accountaccounts, which shall be Eligible Accounts, titled “"Interest Coverage Account, Deutsche Bank National Bankers Trust CompanyCompany of California, N.A., as indenture trustee for the benefit of registered holders of Impac Secured Assets Corp., Mortgage PassPacificAmerica Home Equity Loan Asset Trust Series 1998-Through Certificates, Series 2007-3” 2F" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Indenture Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Indenture Trustee by the Depositor and Issuer. In addition, the Indenture Trustee shall deposit into the Interest Coverage Account all income and gain realized from investment of funds on deposit investments in the Pre-Funding Account pursuant to Section 4.14(b)2.4. Funds deposited in the Interest Coverage Account shall be held in trust by the Indenture Trustee for the Certificateholders Holders of the Notes and the Certificate Note Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes. If the Indenture Trustee shall not have received an investment direction from the Issuer, the Depositor Indenture Trustee will invest funds deposited in the Interest Coverage Account in Eligible Investments of the kind described in clause (vii) of the definition of Eligible Investments with a maturity date no later than the second Business Day preceding each Payment Date. The Seller shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Eligible Investment immediately upon realization of such loss without any right of reimbursement therefor. The Seller shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficient.
(cb) On each Distribution Payment Date during the Pre-Funding Period and on the day of termination of Payment Date immediately after the Pre-Funding Period, the Indenture Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Payment Account an amount equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by Addition.
(c) On the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and Payment Date immediately following the conveyance of any a Subsequent Mortgage Loan to the Trust Indenture Trustee, funds on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from deposit in the Interest Coverage Account and remit to the Depositor or its designee in an amount equal to the excess, if any, 1/360 of the amount remaining in such Interest Coverage Account over product of (i)(a) the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant aggregate principal balance of the Subsequent Mortgage Loans conveyed to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during Indenture Trustee and (b) the Pre-Funding Period or on the day of termination weighted average of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end Rates of the Prepayment Period relating Initial Mortgage Loans as of the Cut-off Date and (ii) the actual number of days from the Subsequent Cut-off Date to August 25, 1998 shall be remitted to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodSeller.
(d) Upon the earliest earlier of (i) termination of the Distribution Trust Estate in accordance with Section 8.01 of the Trust Agreement and (ii) the Payment Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Indenture Trustee and paid to the Depositor or its designeeSeller.
Appears in 1 contract
Samples: Home Equity Loan Purchase Agreement (Pacificamerica Money Center Inc)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Securities Administrator shall establish and maintain a segregated trust account or a sub-sub account of a trust account, which shall be titled “Interest Coverage Account, Deutsche Xxxxx Fargo Bank, National Association as securities administrator on behalf of U.S. Bank National Trust CompanyAssociation, as trustee Trustee for the benefit of holders of Impac Secured Assets Corp., Mortgage PassAsset-Through Backed Certificates, Series 20072005-3AC8” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-sub account of an Eligible Account. The Trustee Securities Administrator shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit for the Mortgage Loans remitted on the Closing Date to the Trustee Securities Administrator by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b)Account. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Securities Administrator for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee Securities Administrator to the Depositor no later than the first Business Day following receipt of such income and gain by the TrusteeSecurities Administrator. If no written direction with respect to such investment shall be received by the Trustee Securities Administrator from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee Securities Administrator shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Seller to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee Securities Administrator shall, at the request of the DepositorSeller, withdraw from the Interest Coverage Account and remit to the Depositor Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee Securities Administrator shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first third preceding sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) . Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0111.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Securities Administrator and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-Ac8)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Certificate Administrator shall establish and maintain maintain, on behalf of the Trustee, a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank First Union National Trust CompanyBank, as trustee Certificate Administrator for the benefit of registered holders of Impac Secured Assets Corp.NovaStar Mortgage Funding Trust 2000-1, Mortgage PassHome Equity Loan Asset-Through Backed Certificates, Series 20072000-3” 1" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee Certificate Administrator shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein (i) the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee Certificate Administrator by the Depositor and all (ii) income and gain realized from investment of funds on deposit investments in the Pre-Funding Account pursuant to Section 4.14(b)Account. Funds deposited in the Interest Coverage Account shall be held in trust by the Certificate Administrator on behalf of the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Servicer and shall be remitted by the Trustee Certificate Administrator to the Depositor Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedCertificate Administrator. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee Certificate Administrator shall withdraw from the Interest Coverage Account Account, to the extent funds are available therefore, and deposit in the Distribution Payment Account an amount amount, as provided in the related Determination Date Report, equal to (i) 30 days' interest on the Original Pre-Funded Amount calculated at an annual rate equal to the Interest Coverage Distribution Amount for such Distribution Dateweighted average of the interest rate payable on the Underwritten Certificates as of the commencement of the related Due Period, minus (ii) the sum of (1) any interest payments received on Subsequent Mortgage Loans during the related Due Period and (2) any Advances in respect of interest portions of delinquent Monthly Payments on the Subsequent Mortgage Loans conveyed to the Certificate Administrator during the related Due Period. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I 1 on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, Certificate Administrator shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such the Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodDate.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0111.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Certificate Administrator and paid to the Depositor Servicer or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Residential Asset Funding Corp)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Paying Agent shall establish and maintain a segregated trust account or a sub-account of a trust account, which shall be titled “Interest Coverage Account, Deutsche Bank Xxxxx Fargo Bank, National Trust CompanyAssociation, as trustee for the benefit of holders of Impac Secured Assets Corp.Structured Asset Mortgage Investments II Inc., GreenPoint MTA Trust 2005-AR3, Mortgage Pass-Through Certificates, Series 20072005-3AR3” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee Paying Agent shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount for each Loan Group remitted on the Closing Date to the Trustee Paying Agent by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b4.07(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Paying Agent for the related Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Paying Agent will invest funds deposited in the Interest Coverage Account as directed by the Depositor or its designee in writing in Permitted Investments with a maturity date (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Paying Agent or an Affiliate of the Paying Agent is the obligor for the Permitted Investment, or (ii) no later than the date on which such funds are required to be withdrawn from such account or sub account of a trust account pursuant to this Agreement, if the Paying Agent or an affiliate of the Paying Agent is the obligor for the Permitted Investment (or, if no written direction is received by the Paying Agent from the Depositor, then funds in such account shall remain uninvested). For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee Paying Agent to the Depositor no later than the first within one Business Day following receipt from the closing of such income and gain by the TrusteeInterest Coverage Account. If no written direction with respect to such investment shall be received by the Trustee Paying Agent from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and deposit in the Distribution Pre-Funding Reserve Account an amount equal of interest that accrues in accordance with Section 4.08(b) hereof during the related Interest Accrual Period on the excess, if any, of the Pre-Funded Amounts over the aggregate Scheduled Principal Balance of Subsequent Mortgage Loans for both Loan Groups that both (i) had a Due Date during the Due Period relating to such Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable, and (ii) had a Subsequent Cut-off Date prior to the Interest Coverage Distribution Amount for first day of the month in which such Distribution DateDate occurs. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Seller to REMIC I II on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee Paying Agent shall, at the request of the DepositorSeller, withdraw from the Interest Coverage Account and remit to the Depositor Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and remit to the Depositor Seller or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first second preceding sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance principal balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Paying Agent and paid to the Depositor Seller or its designee; and following such withdrawal the Account will be closed.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GreenPoint MTA Trust 2005-Ar3)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Paying Agent shall establish and maintain a segregated trust account or a sub-sub account of a trust account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust CompanyCitibank, N.A. as trustee Trustee for the benefit of holders of Impac Secured Assets Corp.Structured Asset Mortgage Investments II Inc., Bear Xxxxxxx ALT-A Trust II, Mortgage Pass-Through Certificates, Series 2007-3” 1" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-sub account of an Eligible Account. The Trustee Depositor shall remit to the Paying Agent and the Paying Agent shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein therein, the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee Paying Agent by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b4.09(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Paying Agent for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee Paying Agent to the Depositor no later than the first Business Day following receipt of such income and gain by the TrusteePaying Agent. If no written direction with respect to such investment shall be received by the Trustee Paying Agent from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit (or cause to be deposited) in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and deposit in the Distribution Pre-Funding Reserve Account an amount of interest that accrues during the related Interest Accrual Period on the excess, if any, of the Pre-Funded Amount for each Sub-Group over the aggregate Stated Principal Balance of Subsequent Mortgage Loans in such Sub-Group that both (i) had a Due Date during the Due Period relating to such Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable, and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at an interest rate equal to the Interest Coverage Distribution Amount for weighted average of the Net Rates of the Mortgage Loans in such Distribution DateSub-Group. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee Paying Agent shall, at the request of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicableapplicable on the date thereof. On the day of termination first Distribution Date following the end of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first second preceding sentence of this paragraph on for such Distribution Date for payment to the day of termination of the Pre-Funding Periodrelated Certificateholders.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0111.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Paying Agent and paid to the Depositor Seller or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust II 2007-1)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust Company, as trustee Trustee for the benefit registered Holders of holders of Impac Secured Assets Corp.Ameriquest Mortgage Securities Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 20072003-3” 13" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Trustee shall invest funds deposited in the Interest Coverage Account in Permitted Investments of the kind described in clauses (i), (v) or (vi) of the definition of Permitted Investments, as directed by the Master Servicer, with a maturity date no later than the second Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor Holder of the largest Percentage Interest of the Residual Certificates shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunderTrust REMIC. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Distribution Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the last day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to 30 days' interest on the Interest Coverage excess, if any, of the Original Pre-Funded Amounts, over the aggregate Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution Amount Date and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the weighted average Pass-Through Rate of the Offered Certificates for such Distribution Date, with the Pass-Through Rate on the Adjustable-Rate Certificates, solely for the purposes of the foregoing calculation, multiplied by a fraction, the numerator of which is the actual number of days in the Accrual Period for such Class for such Distribution Date, and the denominator of which is 30. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Master Servicer to REMIC I on the date thereof. I. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor 123 Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such the Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the last day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or (assuming that LIBOR remains constant at the level of LIBOR applicable to the calculation of the Pass-Through Rate for the Adjustable-Rate Certificates for the current Distribution Date). Any amounts deposited to the Distribution Date following Account on the end last day of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee Period shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Periodheld uninvested.
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the aggregate Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) and (d) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mortgage Sec Inc Asset Back Pass THR Ser 2003-13)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust Company____________________, as trustee Trustee for the benefit of registered holders of Impac Secured Assets Corp.New Century Home Equity Loan Trust _____, Mortgage Asset-Backed Pass-Through Certificates, Series 2007-3” ____" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Trustee will invest funds deposited in the Interest Coverage Account in Permitted Investments of the kind described in clauses (i), (v) or (vi) of the definition of Permitted Investments, as directed by the Master Servicer, with a maturity date no later than the second Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor holder of the largest Percentage Interest of the Residual Certificates shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any of REMIC created hereunderI, REMIC II or REMIC III. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Remittance Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On With respect to each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount amount, as provided in the related Remittance Report, equal to (i) 30 days' interest on the Original Pre-Funded Amount calculated at an annual rate equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request weighted average of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, Net Mortgage Rates of the amount remaining Mortgage Loans in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end as of the Prepayment commencement of the 105 related Due Period, minus (ii) the sum of (1) any interest payments received by the Master Servicer on Subsequent Mortgage Loans during the related Due Period relating and (2) any P&I Advance in respect of the interest portion of delinquent Monthly Payments on the Subsequent Mortgage Loans conveyed to the current Distribution Date or Trustee during the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding related Due Period.
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (New Century Mortgage Securities LLC)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Trust Administrator, as agent for the Trustee, shall establish and maintain a two segregated trust account or a sub-account of a trust accountaccounts that are Eligible Accounts, which shall be titled “"Group I Interest Coverage Account, Deutsche Bankers Trust Company of California, N.A., as agent for U.S. Bank National Trust CompanyAssociation, as trustee Trustee for the benefit of registered holders of Impac Secured Assets Corp.Ameriquest Mortgage Securities Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 20072002-3” 1" (the “"Group I Interest Coverage Account”") and "Group II Interest Coverage Account, Bankers Trust Company of California, N.A., as agent for U.S. Bank National Association, as Trustee for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2002-1" (the "Group II Interest Coverage Account"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee Trust Administrator shall, promptly upon receipt, deposit in the applicable Interest Coverage Account and retain therein the Initial Group I Interest Coverage Deposit Amount and the Group II Interest Coverage Amount, as applicable, remitted on the Closing Date to 113 the Trustee Trust Administrator by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account Accounts shall be held in trust by the Trustee Trust Administrator for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Trust Administrator will invest funds deposited in the Interest Coverage Accounts in Permitted Investments of the kind described in clauses (i), (v) or (vi) of the definition of Permitted Investments, as directed by the Master Servicer, with a maturity date no later than the second Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor holder of the largest Percentage Interest of the Residual Certificates shall be the owner of the Interest Coverage Account Accounts and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account Accounts be an asset of any REMIC created hereunderTrust REMIC. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Accounts shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee Trust Administrator to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Distribution Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account Accounts the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee Trust Administrator shall withdraw from the Interest Coverage Account Accounts and deposit in the Distribution Account an amount equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I 30 days' interest on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account Group I Original Pre-Funded Amount or Group II Original Pre-Funded Amount, as applicable, over the amount aggregate Principal Balance of Subsequent Group I Mortgage Loans or Subsequent Group II Mortgage Loans, as applicable, that would be required both (i) had a Due Date during the Due Period relating to be withdrawn therefrom such Distribution Date and (assuming sufficient funds thereinii) pursuant had a Subsequent Cut-off Date prior to the first sentence day of this paragraph on each subsequent the month in which such Distribution Date occurs, at a per annum rate equal to the Pass-Through Rate of the Offered Certificates for such Distribution Date, if any, that will occur during with the PrePass-Funding Period or Through Rate on the day of termination Class A Certificates and the Mezzanine Certificates, solely for the purposes of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired foregoing calculation, each being multiplied by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Perioda fraction, the Trustee shall withdraw from numerator of which is the Interest Coverage Account actual number of days in the Accrual Period for such Class for such Distribution Date, and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment denominator of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Periodwhich is 30.
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account Accounts after distributions pursuant to paragraph (c) and (d) above shall be withdrawn by the Trustee Trust Administrator and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mortgage Securities Inc as-Bk Ps-Th Ct Sr 2002-1)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Certificate Administrator shall establish and maintain maintain, on behalf of the Trustee, a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Xxxxx Fargo Bank National Trust CompanyMinnesota, N.A., as trustee Certificate Administrator for the benefit of registered holders of Impac Secured Assets Corp.NovaStar Mortgage Funding Trust 2001-1, Mortgage PassHome Equity Loan Asset-Through Backed Certificates, Series 20072001-3” 1" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee ------------------------- Certificate Administrator shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein (i) the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee Certificate Administrator by the Depositor Company and all (ii) income and gain realized from investment of funds on deposit investments in the Pre-Funding Account pursuant to Section 4.14(b)Account. Funds deposited in the Interest Coverage Account shall be held in trust by the Certificate Administrator on behalf of the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Servicer and shall be remitted by the Trustee Certificate Administrator to the Depositor Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedCertificate Administrator. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee Certificate Administrator shall withdraw from the Interest Coverage Account Account, to the extent funds are available therefore, and deposit in the Distribution Payment Account an amount amount, as provided in the related Determination Date Report, equal to (i) 30 days' interest on the Original Pre-Funded Amount calculated at an annual rate equal to the Interest Coverage Distribution Amount for such Distribution Dateweighted average of the interest rate payable on the Underwritten Certificates as of the commencement of the related Due Period, minus (ii) the sum of (1) any interest payments received on Subsequent Mortgage Loans during the related Due Period and (2) any Advances in respect of interest portions of delinquent Monthly Payments on the Subsequent Mortgage Loans conveyed to the Certificate Administrator during the related Due Period. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Company to REMIC I 1 on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, Certificate Administrator shall withdraw from the Interest Coverage Account and remit to the Depositor Company or its designee an amount equal to the excess, if any, of the amount remaining in such the Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodDate.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0111.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Certificate Administrator and paid to the Depositor Servicer or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2001-1)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Paying Agent shall establish and maintain a segregated trust account or a sub-account of a trust account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust CompanyJPMorgan Chase Bank, N.A., as trustee for the benefit of registered holders of Impac Secured Assets Corp.Structured Asset Mortgage Investments II Trust 2004-AR7, Mortgage Pass-Through Certificates, Series 20072004-3” AR7" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee Paying Agent shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee Paying Agent by the Depositor Depositor, and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to as set forth in Section 4.14(b4.04(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Paying Agent for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Class X Certificateholders shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the DepositorClass X Certificateholders, shall be for the sole and exclusive benefit of the Depositor Class X Certificateholders and shall be remitted by the Trustee Paying Agent to the Depositor Class X Certificateholders no later than the first Business Day Distribution Date following receipt of such income and gain by the TrusteePaying Agent. If no written direction with respect to such investment shall be received by the Trustee Paying Agent from the DepositorClass X Certificateholders, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Class X Certificateholders shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to 30 days' interest on the Interest Coverage Distribution excess, if any, of the Pre-Funded Amount for over the aggregate Scheduled Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution DateDate or the Distribution Date following the end of the Pre-Funding Period, as applicable, and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the weighted average of the Net Rates of those Subsequent Mortgage Loans. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Seller to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, Paying Agent shall withdraw from the Interest Coverage Account and remit to the Depositor Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance principal balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Paying Agent and paid to the Depositor Seller or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments II Trust 2004-Ar7)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank Bankers Trust Company of California, National Trust CompanyAssociation, as trustee for the benefit of registered holders of Impac Secured Assets Corp., Mortgage Pass-Through Certificates, Series 20072002-3” 2" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Company. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Master Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the DepositorMaster Servicer, shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor Master Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Certificate Account an amount equal to 30 days' interest on the Interest Coverage Distribution excess, if any, of the Original Pre-Funded Amount for over the aggregate Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution DateDate and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the weighted average of the Net Mortgage Rates of the Mortgage Loans, plus the Trustee's Fee Rate. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Master Servicer to REMIC I 1 on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodDate.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor Master Servicer or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Impac Secured Assets Corp)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Securities Administrator shall establish and maintain a segregated trust account or a sub-sub account of a trust account, which shall be titled “Interest Coverage Account, Deutsche U.S. Bank National Trust Company, Association as trustee for the benefit of holders of Impac Secured Assets Corp.Bear Xxxxxxx Asset Backed Securities, Mortgage PassAsset-Through Backed Certificates, Series 20072005-3AC7” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-sub account of an Eligible Account. The Trustee Securities Administrator shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit for each Loan Group remitted on the Closing Date to the Trustee Securities Administrator by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b5.10(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Securities Administrator for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee Securities Administrator to the Depositor no later than the first Business Day following receipt of such income and gain by the TrusteeSecurities Adminstrator. If no written direction with respect to such investment shall be received by the Trustee Securities Administrator from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee Securities Administrator shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Seller to REMIC I II on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee Securities Administrator shall, at the request of the DepositorSeller, withdraw from the Interest Coverage Account and remit to the Depositor Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee Securities Administrator shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first third preceding sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Current Principal Balance Amount of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Securities Administrator and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-Ac7)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-sub account of a trust account, which shall be titled “Interest Coverage Account, Deutsche LaSalle Bank National Trust Company, Association as trustee for the benefit of holders of Impac Secured Assets Corp.Bear Xxxxxxx Asset Backed Securities, Mortgage PassAsset-Through Backed Certificates, Series 20072005-3HE9” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-sub account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit for each Loan Group remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b4.06(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Seller to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the DepositorSeller, withdraw from the Interest Coverage Account and remit to the Depositor Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first third preceding sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-He9)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust Company, as trustee Trustee for the benefit of registered holders of Impac Secured Assets Corp.Ameriquest Mortgage Securities Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 20072003-3” 6" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount, remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Trustee shall invest funds deposited in the Interest Coverage Account in Permitted Investments of the kind described in clauses (i), (v) or (vi) of the definition of Permitted Investments, as directed by the Master Servicer, with a maturity date no later than the second Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor holder of the largest Percentage Interest of the Residual Certificates shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunderTrust REMIC. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Distribution Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to the amount, if any, by which (a) the Interest Coverage Distribution Amount for the Offered Certificates for such Distribution Date exceeds (b) the actual amount being distributed on the Offered Certificates in respect of interest (including Interest Carry Forward Amounts) on such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Master Servicer to REMIC I on the date thereof. I. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such the Interest Coverage Account over the amount that would be 143 required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or (assuming that LIBOR remains constant at the Distribution Date following level of LIBOR applicable to the end calculation of the PrePass-Funding Period, as applicable. On Through Rate for the day of termination of A-1 Certificates for the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Periodcurrent Distribution Date).
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the aggregate Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) and (d) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mortgage Securities Inc Series 2003-6)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Securities Administrator shall establish and maintain a segregated trust account or a sub-sub account of a trust account, which shall be titled “Interest Coverage Account, Deutsche U.S. Bank National Trust Company, Association as trustee for the benefit of holders of Impac Secured Assets Corp.Structured Asset Mortgage Investments Inc., Mortgage Pass-Through Certificates, Series 20072005-3AR5” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-sub account of an Eligible Account. The Trustee Securities Administrator shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit for each Loan Group remitted on the Closing Date to the Trustee Securities Administrator by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Reserve Account pursuant to Section 4.14(b4.06(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Securities Administrator for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee Securities Administrator to the Depositor no later than the first Business Day following receipt of such income and gain by the TrusteeSecurities Administrator. If no written direction with respect to such investment shall be received by the Trustee Securities Administrator from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee Securities Administrator shall withdraw from the Interest Coverage Account and deposit in the Distribution Pre-Funding Reserve Account an amount equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Seller to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee Securities Administrator shall, at the request of the DepositorSeller, withdraw from the Interest Coverage Account and remit to the Depositor Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee Securities Administrator shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first third preceding sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Current Principal Balance Amount of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Securities Administrator and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Ii Trust 2005-Ar5)
Interest Coverage Account. (a) No With respect to each Loan Group, no later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “titled, with respect to Loan Group I, "Group I Interest Coverage Account, Deutsche Norwest Bank Minnesota, National Trust CompanyAssociation, as trustee for the benefit of registered holders of Impac Secured Assets Corp.Option One Mortgage Loan Trust 1999- 2, Mortgage PassAsset-Through Backed Certificates, Series 20071999-3” 2" (the “"Group I Interest Coverage Account”"). The , with respect to Loan Group II, "Group II Interest Coverage Account shall be an Eligible Account or a subAccount, Norwest Bank Minnesota, National Association, as trustee for the registered holders of Option One Mortgage Loan Trust 1999-account 2, Asset- Backed Certificates, Series 1999-2" (the "Group II Interest Coverage Account") and with respect to Loan Group III, Interest Coverage Account, Norwest Bank Minnesota, National Association, as trustee for the registered holders of an Eligible Option One Mortgage Loan Trust 1999-2, Asset-Backed Certificates, Series 1999-2" (the "Group III Interest Coverage Account"). The Trustee shall, promptly upon receipt, deposit in the related Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount with respect to each Loan Group remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the related Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account Accounts and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunderthe REMIC. All income and gain realized from investment of funds deposited in the related Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor Master Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the related Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On With respect to each Loan Group and on each Distribution Date during the Pre-related Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-related Funding Period, the Trustee shall withdraw from the related Interest Coverage Account and deposit in the Distribution Account an amount amount, as provided in the related Remittance Report, equal to (i) 30 days' interest on the Original Pre-Funded Amount with respect to each Loan Group calculated at an annual rate equal to the Interest Coverage Distribution Amount for such Distribution Dateweighted average of the Net Mortgage Rates of the Mortgage Loans in the related Loan Group as of the commencement of the related Due Period, minus (ii) the sum of (1) any interest payments received on Subsequent Mortgage Loans during the related Due Period and (2) any Advances in respect of interest portions of delinquent Monthly Payments on the Subsequent Mortgage Loans conveyed to the Trustee during the related Due Period. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-related Funding Period, (ii) the reduction of the Certificate Principal Balance of the Class A Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the related Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Opt One Mort Accept Corp Loan Tr Asset Bk Cert Ser 1999-2)
Interest Coverage Account. (a) No If amounts are required to be deposited in the Interest Coverage Account, no later than the Closing Date, the Trustee shall establish and maintain a segregated non-interest bearing trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “Interest Coverage Account, Deutsche Bank National Trust Company, as trustee for the benefit of registered holders of Impac Secured Assets Corp.Soundview Home Loan Trust 2005-2, Mortgage PassAsset-Through Backed Certificates, Series 20072005-32” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount, remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Trustee shall invest funds deposited in the Interest Coverage Account in Permitted Investments of the kind described in clauses (i), (v) or (vi) of the definition of Permitted Investments, as specified in a written direction from the Depositor, with a maturity date no later than the second Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor holder of the largest Percentage Interest of the Residual Certificates shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will shall the Interest Coverage Account be an asset of any REMIC created hereunderTrust REMIC. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor no later than on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereoneach Distribution Date. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the last day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to 30 days’ interest on the Interest Coverage excess, if any, of the Original Pre-Funded Amount over the aggregate Stated Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution Amount Date and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the weighted average Pass-Through Rate of the Offered Certificates for such Distribution Date, with the Pass-Through Rate on the Offered Certificates, solely for the purposes of the foregoing calculation, multiplied by a fraction, the numerator of which is the actual number of days in the Accrual Period for such Class for such Distribution Date, and the denominator of which is 30. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Servicer to REMIC I on the date thereof. I. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such the Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will shall occur during the Pre-Funding Period or on that shall be the last day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or (assuming that LIBOR remains constant at the Distribution Date following level of LIBOR applicable to the end calculation of the PrePass-Funding Period, as applicable. On Through Rate for the day of termination of Floating Rate Certificates for the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Periodcurrent Distribution Date).
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the aggregate Certificate Principal Balance of the Floating Rate Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-2)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust Company__________________________, as trustee for the benefit of registered holders of Impac Secured Assets Corp.New Century Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2007-3” 199___-_____" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any of REMIC created hereunderI, REMIC II or REMIC III. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Remittance Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On With respect to each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount amount, as provided in the related Remittance Report, equal to (i) 30 days' interest on the Original Pre- Funded Amount calculated at an annual rate equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request weighted average of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, Net Mortgage Rates of the amount remaining Mortgage Loans in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end as of the Prepayment commencement of the related Due Period, minus (ii) the sum of (1) any interest payments received on Subsequent Mortgage Loans during the related Due Period relating and (2) any P&I Advance in respect of the interest portion of delinquent Monthly Payments on the Subsequent Mortgage Loans conveyed to the current Distribution Date or Trustee during the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding related Due Period.
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (New Century Mortgage Securities Inc)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Paying Agent shall establish and maintain a segregated trust account or a sub-sub account of a trust account, which shall be titled “Interest Coverage Account, Deutsche Bank JPMorgan Chase Bank, National Trust Company, Association as trustee for the benefit of holders of Impac Secured Assets Corp.Structured Asset Mortgage Investments Inc., Bear Xxxxxxx ALT-A Trust, Mortgage Pass-Through Certificates, Series 20072005-37” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-sub account of an Eligible Account. The Trustee Paying Agent shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount for each Sub-Loan Group remitted on the Closing Date to the Trustee Paying Agent by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b4.09(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Paying Agent for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee Paying Agent to the Depositor no later than the first Business Day following receipt of such income and gain by the TrusteePaying Agent. If no written direction with respect to such investment shall be received by the Trustee Paying Agent from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and deposit in the Distribution Pre-Funding Reserve Account an amount equal to of interest that accrues during the related Interest Coverage Distribution Accrual Period at the Weighted Average Group Pass Through Rate for the related Sub-Loan Group on the excess, if any, of the Pre-Funded Amount for such Sub-Loan Group over the aggregate Stated Principal Balance of Subsequent Mortgage Loans in such Sub-Loan Group that both (i) had a Due Date during the Due Period relating to such Distribution DateDate or the Distribution Date following the end of the Pre-Funding Period, as applicable, and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Mortgage Loan Seller to REMIC I II on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee Paying Agent shall, at the request of the DepositorMortgage Loan Seller, withdraw from the Interest Coverage Account and remit to the Depositor Mortgage Loan Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and remit to the Depositor Mortgage Loan Seller or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first second preceding sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance principal balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Paying Agent and paid to the Depositor Seller or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust, Series 2005-7)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Xxxxx Fargo Bank Minnesota, National Trust CompanyAssociation, as trustee for the benefit of registered holders of Impac Secured Assets Corp.Option One Mortgage Loan Trust 2002-2, Mortgage PassAsset-Through Backed Certificates, Series 20072002-3” 2" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Master Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor Master Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account 102 the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to 30 days' interest on the Interest Coverage excess, if any, of the Original Pre-Funded Amount over the aggregate Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution Amount Date and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the Pass-Through Rate of the Offered Certificates for such Distribution Date, with the Pass-Through Rate on the Class A Certificates and the Mezzanine Certificates, solely for the purposes of the foregoing calculation, each being multiplied by a fraction, the numerator of which is the actual number of days in the Accrual Period for such Class for such Distribution Date, and the denominator of which is 30. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Master Servicer to REMIC I 1, REMIC 2 and REMIC 3 on the date thereofthereof with REMIC 3 receiving that portion of the contribution, if any, to the extent that the rate of LIBOR used to calculate the Pass-Through Rate on the Class A Certificates and the Mezzanine Certificates for such Distribution Date exceeds 1.90% per annum. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or (assuming that LIBOR remains constant at the Distribution Date following level of LIBOR applicable to the end calculation of the PrePass-Funding Period, as applicable. On Through Rate for the day of termination of Class A Certificates and the Pre-Funding Period, Mezzanine Certificates for the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Periodcurrent Distribution Date).
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor Master Servicer or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Option One Mortgage Loan Tr Asset Backed Cert Ser 2002-2)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust account, which shall be titled “"Interest Coverage Account, Deutsche Bank One, National Trust CompanyAssociation, as trustee for the benefit of registered holders of Impac Secured Assets Corp.Bear Xxxxxxx Arm Trust, Mortgage Pass-Through Certificates, Series 20072002-3” 11" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Seller. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Trustee will invest funds deposited in the Interest Coverage Account as directed by the Seller or its designee in writing in Permitted Investments with a maturity date (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Trustee or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Trustee or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Trustee's receipt thereof. For federal income tax purposes, the Depositor Seller or its designee shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will All investment earnings on Permitted Investments in the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, time to time shall be for the sole and exclusive benefit account of the Depositor and Seller. The Seller shall be remitted by the Trustee permitted to the Depositor no later than the first Business Day following receipt withdraw or receive distribution of such income any and gain by the Trustee. If no written direction with respect to such all investment shall be received by the Trustee earnings from the Depositor, then funds in such Interest Coverage Account shall remain uninvestedon each Distribution Date. The Trustee shall not be liable for the selection of investments Seller or investment losses incurred thereon. The Depositor its designee shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and without any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientright of reimbursement therefor.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to 30 days' interest on the Interest Coverage Distribution excess, if any, of the Pre-Funded Amount for over the aggregate Scheduled Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution DateDate and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the weighted average of the Net Mortgage Rates of those Subsequent Mortgage Loans. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Mortgage Loan Seller to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Mortgage Loan Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodDate.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance principal balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor Seller or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mort Inv Inc Bear Stearns Arm Trust 2002-11)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust Company____________________, as trustee Trustee for the benefit of registered holders of Impac Secured Assets Corp.Boardwalk Mortgage Securities Inc., Mortgage Boardwalk Asset-Backed Pass-Through Certificates, Series 2007____-3” ___" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Trustee will invest funds deposited in the Interest Coverage Account in Permitted Investments of the kind described in clauses (i), (v) or (vi) of the definition of Permitted Investments, as directed by the Master Servicer, with a maturity date no later than the second Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor holder of the largest Percentage Interest of the Residual Certificates shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any of REMIC created hereunderI, REMIC II or REMIC III. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Remittance Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On With respect to each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount amount, as provided in the related Remittance Report, equal to (i) 30 days' interest on the Original Pre-Funded Amount calculated at an annual rate equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request weighted average of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, Net Mortgage Rates of the amount remaining Mortgage Loans in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end as of the Prepayment commencement of the 105 related Due Period, minus (ii) the sum of (1) any interest payments received by the Master Servicer on Subsequent Mortgage Loans during the related Due Period relating and (2) any P&I Advance in respect of the interest portion of delinquent Monthly Payments on the Subsequent Mortgage Loans conveyed to the current Distribution Date or Trustee during the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding related Due Period.
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Boardwalk Mortgage Securities Inc.)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Norwest Bank Minnesota, National Trust CompanyAssociation, as trustee for the benefit of registered holders of Impac Secured Assets Corp.Option One Mortgage Loan Trust 1999-3, Mortgage PassAsset-Through Backed Certificates, Series 20071999-3” " (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunderI or REMIC II. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor Master Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account Account, to the extent funds are available therefore, and deposit in the Distribution Account an amount amount, as provided in the related Remittance Report, equal to (i) 30 days' interest on the Original Pre-Funded Amount calculated at an annual rate equal to the Interest Coverage Distribution Amount for such Distribution Dateweighted average of the Net Mortgage Rates of the Mortgage Loans as of the commencement of the related Due Period, minus (ii) the sum of (1) any interest payments received on Subsequent Mortgage Loans during the related Due Period and (2) any Advances in respect of interest portions of delinquent Monthly Payments on the Subsequent Mortgage Loans conveyed to the Trustee during the related Due Period. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Class A Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Option One Mort Ln Tr 1999-3 Asset Backed Cert Ser 1999-3)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Bankers Trust CompanyCompany of California, N.A., as trustee Trustee for the benefit of registered holders of Impac Secured Assets Corp.Ameriquest Mortgage Securities Inc., Floating Rate Mortgage Pass-Through Certificates, Series 20072001-3” " (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Trustee will invest funds deposited in the Interest Coverage Account in Permitted Investments of the kind described in clauses (i), (v) or (vi) of the definition of Permitted Investments, as directed by the Master Servicer, with a maturity date no later than the second Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor holder of the largest Percentage Interest of the Residual Certificates shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any of REMIC created hereunderI, REMIC II or REMIC III. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Distribution Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each the Distribution Date during immediately following the Pre-Funding Period and on the day of termination end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount amount, as provided in the related Remittance Report, equal to (i) 30 days' interest on the Interest Coverage Distribution Original Pre-Funded Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution calculated at 4.177% per annum minus (ii) the sum of cash (1) any interest payments received by the Depositor to REMIC I Master Servicer on Subsequent Mortgage Loans that were during the related Due Period and (2) any P&I Advance in respect of the interest portion of delinquent Monthly Payments that were due during the related Due Period on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans in the Trust and having a Subsequent Cut-off Date prior to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request commencement of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Due Period.
(d) [reserved].
(e) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) and (d) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mort Sec Inc Flo Rate Mort Pas THR Cert Ser 01 3)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Trustee, at the direction of the Servicer, shall establish and maintain maintain, a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “Interest Coverage Account, Deutsche Bank JPMorgan Chase Bank, National Trust CompanyAssociation, as trustee Trustee for the benefit of registered holders of Impac Secured Assets Corp.NovaStar Mortgage Funding Trust 2005-4, Mortgage PassHome Equity Loan Asset-Through Backed Certificates, Series 20072005-34” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein (i) the Initial Interest Coverage Deposit Amount (which amount is $1,000,000) remitted on the Closing Date to the Trustee by the Depositor Company and all (ii) income and gain realized from investment of funds on deposit investments in the Pre-Funding Account pursuant to Section 4.14(b)Account. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Trustee, for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Trustee shall treat the Interest Coverage Account as an outside reserve fund within the meaning of Treasury Regulation Section 1.860G-2(h). The Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Servicer and shall be remitted by the Trustee to the Depositor Servicer no later than the first Business Day following Distribution Date following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period Period, if any, and on the day of Distribution Date immediately following the termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account Account, to the extent funds are available therefore, and deposit in the Distribution Account Supplemental Interest Trust an amount amount, as provided in the related Determination Date Report, equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution lesser of cash by (i) the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from amount remaining in the Interest Coverage Account for such Distribution Date and remit (ii) the amount of any unpaid Monthly Interest Distributable Amount for the Class A Certificates and the Mezzanine Certificates, to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) extent not paid pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodSection 4.01(a)(i).
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0111.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid remitted to the Depositor Servicer or its designee, solely upon the Servicer’s written direction.
(e) Amounts in the Interest Coverage Account shall only be invested at the prior written direction of the Servicer. If no such prior written investment direction has been provided by the Servicer to the Trustee, the Trustee shall hold such amounts uninvested.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust, Series 2005-4)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Paying Agent shall establish and maintain a segregated trust account or a sub-account of a trust account, which shall be titled “Interest Coverage Account, Deutsche Bank Wxxxx Fargo Bank, National Trust CompanyAssociation, as trustee for the benefit of holders of Impac Secured Assets Corp.Structured Asset Mortgage Investments II Inc., GreenPoint Mortgage Funding Trust 2005- AR4, Mortgage Pass-Through Certificates, Series 20072005-3AR4” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee Paying Agent shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount for each Loan Group remitted on the Closing Date to the Trustee Paying Agent by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b4.07(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Paying Agent for the related Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Paying Agent will invest funds deposited in the Interest Coverage Account as directed by the Depositor or its designee in writing in Permitted Investments with a maturity date (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Paying Agent or an Affiliate of the Paying Agent is the obligor for the Permitted Investment, or (ii) no later than the date on which such funds are required to be withdrawn from such account or sub account of a trust account pursuant to this Agreement, if the Paying Agent or an affiliate of the Paying Agent is the obligor for the Permitted Investment (or, if no written direction is received by the Paying Agent from the Depositor, then funds in such account shall remain uninvested). For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee Paying Agent to the Depositor no later than the first within one Business Day following receipt from the closing of such income and gain by the TrusteeInterest Coverage Account. If no written direction with respect to such investment shall be received by the Trustee Paying Agent from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and deposit in the Distribution Pre-Funding Reserve Account an amount equal of interest that accrues during the related Interest Accrual Period at the weighted average of the Pass-Through Rates on the Group IV Certificates, weighted on the basis of the Outstanding Current Principal Amount of the Group IV Certificates on the excess, if any, of the Pre-Funded Amount over the aggregate Scheduled Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable, and (ii) had a Subsequent Cut-off Date prior to the Interest Coverage Distribution Amount for first day of the month in which such Distribution DateDate occurs. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Seller to REMIC I II on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee Paying Agent shall, at the request of the DepositorSeller, withdraw from the Interest Coverage Account and remit to the Depositor Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and remit to the Depositor Seller or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first second preceding sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance principal balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Paying Agent and paid to the Depositor Seller or its designee; and following such withdrawal the Account will be closed.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GreenPoint MTA Trust 2005-Ar4)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Norwest Bank Minnesota, National Trust CompanyAssociation, as trustee Trustee for the benefit of registered holders of Impac Secured Assets Corp.Salomon Brothers Mortgage Securities VII, Inc., Floating Rate Mortgage Pass-Through Certificates, Series 20071999-3” AQ2" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Trustee will invest funds deposited in the Interest Coverage Account in Permitted Investments of the kind described in clauses (i) or (vi) of the definition of Permitted Investments, as directed by the Master Servicer, with a maturity date no later than the second Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor holder of the largest Percentage Interest of the Residual Certificates shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any of REMIC created hereunderI, REMIC II or REMIC III. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Remittance Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On With respect to each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount amount, as provided in the related Remittance Report, equal to (i) 30 days' interest on the Original Pre-Funded Amount calculated at an annual rate equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request weighted average of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, Net Mortgage Rates of the amount remaining Mortgage Loans in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end as of the Prepayment commencement of the related Due Period, minus (ii) the sum of (1) any interest payments received by the Master Servicer on Subsequent Mortgage Loans during the related Due Period relating and (2) any P&I Advance in respect of the interest portion of delinquent Monthly Payments on the Subsequent Mortgage Loans conveyed to the current Distribution Date or Trustee during the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding related Due Period.
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Salomon Brothers Mort Sec Vii Inc Fl Rte Cert Se 1999-Aq2)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Paying Agent shall establish and maintain a segregated trust account or a sub-sub account of a trust account, which shall be titled “Interest Coverage Account, Deutsche Bank JPMorgan Chase Bank, National Trust Company, Association as trustee for the benefit of holders of Impac Secured Assets Corp.Bear Sxxxxxx Asset Backed Securities I LLC, Bear Sxxxxxx ALT-A Trust, Mortgage Pass-Through Certificates, Series 20072006-31” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-sub account of an Eligible Account. The Trustee Paying Agent shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount for Loan Group I remitted on the Closing Date to the Trustee Paying Agent by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b4.09(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Paying Agent for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee Paying Agent to the Depositor no later than the first Business Day following receipt of such income and gain by the TrusteePaying Agent. If no written direction with respect to such investment shall be received by the Trustee Paying Agent from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and deposit in the Distribution Pre-Funding Reserve Account an amount equal to of interest that accrues during the related Interest Coverage Distribution Accrual Period at the Weighted Average Group Pass Through Rate for the related Sub-Loan Group on the excess, if any, of the Pre-Funded Amount for such Sub-Loan Group over the aggregate Stated Principal Balance of Subsequent Mortgage Loans in such Sub-Loan Group that both (i) had a Due Date during the Due Period relating to such Distribution DateDate or the Distribution Date following the end of the Pre-Funding Period, as applicable, and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Mortgage Loan Seller to REMIC I II on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee Paying Agent shall, at the request of the DepositorMortgage Loan Seller, withdraw from the Interest Coverage Account and remit to the Depositor Mortgage Loan Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and remit to the Depositor Mortgage Loan Seller or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first second preceding sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance principal balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Paying Agent and paid to the Depositor Seller or its designee.. 100
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-1)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Paying Agent shall establish and maintain a segregated trust account or a sub-sub account of a trust account, which shall be titled “"Interest Coverage Account, Deutsche Bank JPMorgan Chase Bank, National Trust Company, Association as trustee for the benefit of holders of Impac Secured Assets Corp.Structured Asset Mortgage Investments Inc., Bear Xxxxxxx ALT-A Trust, Mortgage Pass-Through Certificates, Series 20072005-3” 9" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-sub account of an Eligible Account. The Trustee Paying Agent shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount for each Loan Group or Sub-Loan Group remitted on the Closing Date to the Trustee Paying Agent by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b4.09(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Paying Agent for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee Paying Agent to the Depositor no later than the first Business Day following receipt of such income and gain by the TrusteePaying Agent. If no written direction with respect to such investment shall be received by the Trustee Paying Agent from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and deposit in the Distribution Pre-Funding Reserve Account an amount equal to of interest that accrues during the related Interest Coverage Distribution Accrual Period at the Weighted Average Group Pass Through Rate for the related Loan Group or Sub-Loan Group on the excess, if any, of the Pre-Funded Amount for such Loan Group or Sub-Loan Group over the aggregate Stated Principal Balance of Subsequent Mortgage Loans in such Loan Group or Sub-Loan Group that both (i) had a Due Date during the Due Period relating to such Distribution DateDate or the Distribution Date following the end of the Pre-Funding Period, as applicable, and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Mortgage Loan Seller to REMIC I II on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee Paying Agent shall, at the request of the DepositorMortgage Loan Seller, withdraw from the Interest Coverage Account and remit to the Depositor Mortgage Loan Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and remit to the Depositor Mortgage Loan Seller or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first second preceding sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance principal balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Paying Agent and paid to the Depositor Seller or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust, Series 2005-9)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Certificate Administrator, at the direction of the Servicer, shall establish and maintain maintain, on behalf of the Trustee, a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank Wachovia Bank, National Trust CompanyAssociation, as trustee Certificate Administrator for the benefit of registered holders of Impac Secured Assets Corp.NovaStar Mortgage Funding Trust 2002-3, Mortgage PassHome Equity Loan Asset-Through Backed Certificates, Series 20072002-3” " (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee Certificate Administrator shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein (i) the Initial Interest Coverage Deposit Amount (which amount is $1,200,000) remitted on the Closing Date to the Trustee Certificate Administrator by the Depositor Company and all (ii) income and gain realized from investment of funds on deposit investments in the Pre-Funding Account pursuant to Section 4.14(b)Account. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Certificate Administrator, on behalf of the Trustee, for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Trustee shall treat the Interest Coverage Account as an outside reserve fund within the meaning of Treasury Regulation Section 1.860G-2(h). The Seller shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Servicer and shall be remitted by the Trustee Certificate Administrator to the Depositor Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedCertificate Administrator. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of the termination of the Pre-Funding Period, the Trustee Certificate Administrator shall withdraw from the Interest Coverage Account Account, to the extent funds are available therefore, and deposit in the Distribution Account an amount amount, as provided in the related Determination Date Report, equal to the greater of (i) the income and gain realized from investments in the Pre-Funding Account and deposited in the Interest Coverage Account since the prior Distribution Date, or (ii) the difference between (A) the sum of the product of (x) the principal balance of each REMIC I Regular Interest and (y) its corresponding REMIC Pass-Through Rate divided by 12, and (B) the Interest Remittance Amount for such Distributable Date (excluding the amount of interest included pursuant to clause (vi) of the definition of REMIC Available Funds), but not less than zero. To the extent that funds are not available in the Interest Coverage Account to pay the amount pursuant to clause (ii) of this subsection (c), the Company shall deposit such difference in the Distribution Account no later than the related Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Company to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding PeriodPeriod but not later than the Distribution Date in December 2002, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0111.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Certificate Administrator and paid to the Depositor Servicer or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Trust Series 2002-3)
Interest Coverage Account. (a) No later If the Interest Coverage Amount is greater than zero on the Closing Date, the Trustee Trustee, at the direction of the Servicer, shall establish and maintain maintain, a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “Interest Coverage Account, Deutsche Bank National Trust Company, as trustee Trustee for the benefit of registered holders of Impac Secured Assets Corp.NovaStar Mortgage Funding Trust 2006-6, Mortgage PassHome Equity Loan Asset-Through Backed Certificates, Series 20072006-36” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein (i) the Initial Interest Coverage Deposit Amount (which amount is $0.00) remitted on the Closing Date to the Trustee by the Depositor and all (ii) income and gain realized from investment of funds on deposit investments in the Pre-Funding Account pursuant to Section 4.14(b)Account. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Trustee, for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Trustee shall treat the Interest Coverage Account as an outside reserve fund within the meaning of Treasury Regulation Section 1.860G-2(h). The Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Servicer and shall be remitted by the Trustee to the Depositor Servicer no later than the first Business Day following Distribution Date following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period Period, if any, and on the day of Distribution Date immediately following the termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account Account, to the extent funds are available therefore, and deposit in the Distribution Account Supplemental Interest Trust an amount amount, as provided in the related Determination Date Report, equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution lesser of cash by (i) the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from amount remaining in the Interest Coverage Account for such Distribution Date and remit (ii) the amount of any unpaid Monthly Interest Distributable Amount for the Class A Certificates and the Mezzanine Certificates, to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) extent not paid pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodSection 4.01(a)(i).
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0111.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid remitted to the Depositor Servicer or its designee, solely upon the Servicer’s written direction.
(e) Amounts in the Interest Coverage Account shall only be invested at the prior written direction of the Servicer. If no such prior written investment direction has been provided by the Servicer to the Trustee, the Trustee shall hold such amounts uninvested.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing CORP)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Norwest Bank Minnesota, National Trust CompanyAssociation, as trustee for the benefit of registered holders of Impac Secured Assets Corp.Option One Mortgage Loan Trust 2000-1, Mortgage PassAsset-Through Backed Certificates, Series 20072000-3” 1" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Master Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor Master Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account Account, to the extent funds are available therefore, and deposit in the Distribution Account an amount amount, as provided in the related Remittance Report, equal to (i) 30 days' interest on the Original Pre-Funded Amount calculated at an annual rate equal to the Interest Coverage Distribution Amount for such Distribution Dateweighted average of the Net Mortgage Rates of the Mortgage Loans as of the commencement of the related Due Period, minus (ii) the sum of (1) any interest payments received on Subsequent Mortgage Loans during the related Due Period and (2) any Advances in respect of interest portions of delinquent Monthly Payments on the Subsequent Mortgage Loans conveyed to the Trustee during the related Due Period. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I 1 on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such the Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodDate.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Option One Mort Accep Corp Asset Backed Cert Ser 2000-1)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank Bankers Trust Company of California, National Trust CompanyAssociation, as trustee for the benefit of registered holders of Impac Secured Assets Corp., Mortgage Pass-Through Certificates, Series 20072002-3” 1" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Company. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Master Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor Master Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Certificate Account an amount equal to 30 days' interest on the Interest Coverage Distribution excess, if any, of the Original Pre-Funded Amount for over the aggregate Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution DateDate and (ii) had a Subsequent Cut-off Date prior to the first day of 101 the month in which such Distribution Date occurs, at a per annum rate equal to the weighted average of the Net Mortgage Rates of the Mortgage Loans, plus the Trustee's Fee Rate. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Master Servicer to REMIC I 1 on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodDate.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor Master Servicer or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Impac Secured Assets Corp)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Paying Agent shall establish and maintain a segregated trust account or a sub-sub account of a trust account, which shall be titled “"Interest Coverage Account, Deutsche Bank Xxxxx Fargo Bank, National Trust Company, Association as trustee for the benefit of f/b/o holders of Impac Secured Assets Corp.Structured Asset Mortgage Investments II Inc., Structured Asset Mortgage Investments II Trust 2007-AR4, Mortgage Pass-Through Certificates, Series 2007-3” (the “AR4 - Interest Coverage Account”)". The Interest Coverage Account shall be an Eligible Account or a sub-sub account of an Eligible Account. The Trustee Paying Agent shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee Paying Agent by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b4.10(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Paying Agent for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee Paying Agent to the Depositor no later than the first Business Day following receipt of such income and gain by the TrusteePaying Agent. If no written direction with respect to such investment shall be received by the Trustee Paying Agent from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit (or cause to be deposited) in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and deposit in the Distribution Pre-Funding Reserve Account an amount equal of interest that accrues during the related Interest Accrual Period at the Net Rate Cap on the excess, if any, of the Pre-Funded Amount over the aggregate Stated Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable, and (ii) had a Subsequent Cut-off Date prior to the Interest Coverage Distribution Amount for first day of the month in which such Distribution DateDate occurs. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee Paying Agent shall, at the request of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee Paying Agent shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first second preceding sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance principal balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Paying Agent and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments II Trust 2007-Ar4)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-sub account of a trust account, which shall be titled “"Interest Coverage Account, Deutsche U.S. Bank National Trust Company, Association as trustee for the benefit of holders of Impac Secured Assets Corp.Structured Asset Mortgage Investments Inc., Bear Xxxxxxx ARM Trust, Mortgage Pass-Through Certificates, Series 20072005-3” 1" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-sub account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit for each Loan Group remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b4.06(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Pre-Funding Account an amount equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Seller to REMIC I II on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the DepositorSeller, withdraw from the Interest Coverage Account and remit to the Depositor Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first third preceding sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Current Principal Balance Amount of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns ARM Trust, Series 2005-1)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust Company, as trustee Trustee for the benefit of registered holders of Impac Secured Assets Corp.Argent Securities Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 20072004-3” W7" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount, remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Trustee shall invest funds deposited in the Interest Coverage Account in Permitted Investments of the kind described in clauses (i), (v) or (vi) of the definition of Permitted Investments, as specified in a written direction from the Master Servicer, with a maturity date no later than the second Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor holder of the largest Percentage Interest of the Residual Certificates shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunderTrust REMIC. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Distribution Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the last day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to 30 days' interest on the Interest Coverage excess, if any, of the Original Pre-Funded Amounts, over the aggregate Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution Amount Date and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the weighted average Pass-Through Rate of the Offered Certificates for such Distribution Date, with the Pass-Through Rate on the Offered Certificates, solely for the purposes of the foregoing calculation, multiplied by a fraction, the numerator of which is the actual number of days in the Accrual Period for such Class for such Distribution Date, and the denominator of which is 30. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Master Servicer to REMIC I on the date thereof. I. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such the Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent 132 Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or (assuming that LIBOR remains constant at the Distribution Date following level of LIBOR applicable to the end calculation of the PrePass-Funding Period, as applicable. On Through Rate for the day of termination of A-1 Certificates for the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Periodcurrent Distribution Date).
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the aggregate Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust Company, as trustee Trustee for the benefit registered Holders of holders of Impac Secured Assets Corp.Ameriquest Mortgage Securities Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 20072003-3” 8" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount, remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Trustee shall invest funds deposited in the Interest Coverage Account in Permitted Investments of the kind described in clauses (i), (v) or (vi) of the definition of Permitted Investments, as directed by the Master Servicer, with a maturity date no later than the second Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor Holder of the largest Percentage Interest of the Residual Certificates shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunderTrust REMIC. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Distribution Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficient.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.the
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mort Sec Inc Asset Back Pas THR Certs Ser 03 8)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Bankers Trust CompanyCompany of California, N.A., as trustee Trustee for the benefit of registered holders of Impac Secured Assets Corp.Ameriquest Mortgage Securities Inc., Floating Rate Mortgage Pass-Through Certificates, Series 20072001-3” 1" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Trustee will invest funds deposited in the Interest Coverage Account in Permitted Investments of the kind described in clauses (i), (v) or (vi) of the definition of Permitted Investments, as directed by the Master Servicer, with a maturity date no later than the second Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor holder of the largest Percentage Interest of the Residual Certificates shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any of REMIC created hereunderI or REMIC II. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Distribution Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each the Distribution Date during immediately following the Pre-Funding Period and on the day of termination end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount amount, as provided in the related Remittance Report, equal to (i) 30 days' interest on the Interest Coverage Distribution Original Pre-Funded Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution calculated at 4.177% per annum minus (ii) the sum of cash (1) any interest payments received by the Depositor to REMIC I Master Servicer on Subsequent Mortgage Loans that were during the related Due Period and (2) any P&I Advance in respect of the interest portion of delinquent Monthly Payments that were due during the related Due Period on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans in the Trust and having a Subsequent Cut-off Date prior to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request commencement of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Due Period.
(d) [reserved].
(e) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) and (d) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mort Sec Inc Float Rate Mort Pa Th Cer Ser 2001-1)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Wells Fargo Bank National Trust CompanyMinnesota, as trustee N.A., ax xxxstee for the benefit of registered holders of Impac Secured Assets Corp.Option One Mortgage Loan Trust 2001-3, Mortgage PassAsset-Through Backed Certificates, Series 20072001-3” " (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Master Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor Master Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to 30 days' interest on the Interest Coverage excess, if any, of the Original Pre-Funded Amount over the aggregate Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution Amount Date and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the Pass-Through Rate of the Class A Certificates and the Mezzanine Certificates for such Distribution Date, with the Pass-Through Rate on the Class A Certificates and the Mezzanine Certificates, solely for the purposes of the foregoing calculation, each being multiplied by a fraction, the numerator of which is the actual number of days in the Accrual Period for such Class for such Distribution Date, and the denominator of which is 30. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Master Servicer to REMIC I 1 and REMIC 2 on the date thereofthereof with REMIC 2 receiving that portion of the contribution, if any, to the extent that the rate of LIBOR used to calculate the Pass-Through Rate on the Class A Certificates and the Mezzanine Certificates for such Distribution Date exceeds 3.79% per annum. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or (assuming that LIBOR remains constant at the Distribution Date following level of LIBOR applicable to the end calculation of the PrePass-Funding Period, as applicable. On Through Rate for the day of termination of Class A Certificates and the Pre-Funding Period, Mezzanine Certificates for the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Periodcurrent Distribution Date).
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor Master Servicer or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Option One Mort Ln Trust Asset Back Certs Ser 2001-3)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust Company, as trustee Trustee for the benefit registered Holders of holders of Impac Secured Assets Corp.Ameriquest Mortgage Securities Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 20072003-3” 11" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Trustee shall invest funds deposited in the Interest Coverage Account in Permitted Investments of the kind described in clauses (i), (v) or (vi) of the definition of Permitted Investments, as directed by the Master Servicer, with a maturity date no later than the second Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor Holder of the largest Percentage Interest of the Residual Certificates shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunderTrust REMIC. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Distribution Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the 126 Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the last day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to 30 days' interest on the Interest Coverage excess, if any, of the Original Pre-Funded Amounts, over the aggregate Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution Amount Date and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the weighted average Pass-Through Rate of the Offered Certificates for such Distribution Date, with the Pass-Through Rate on the Adjustable-Rate Certificates, solely for the purposes of the foregoing calculation, multiplied by a fraction, the numerator of which is the actual number of days in the Accrual Period for such Class for such Distribution Date, and the denominator of which is 30. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Master Servicer to REMIC I on the date thereof. I. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such the Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the last day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or (assuming that LIBOR remains constant at the level of LIBOR applicable to the calculation of the Pass-Through Rate for the Adjustable-Rate Certificates for the current Distribution Date). Any amounts deposited to the Distribution Date following Account on the end last day of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee Period shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Periodheld uninvested.
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the aggregate Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) and (d) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mortgage Sec Inc Asset Back Pass THR Cer Se 03 12)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust Company, as trustee Trustee for the benefit of registered holders of Impac Secured Assets Corp.Argent Securities Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 20072003-3” W9" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount, remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) The Trustee shall invest funds deposited in the Interest Coverage Account in Permitted Investments of the kind described in clauses (i), (v) or (vi) of the definition of Permitted Investments, as specified in a written direction from the Master Servicer, with a maturity date no later than the second Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor holder of the largest Percentage Interest of the Residual Certificates shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunderTrust REMIC. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Distribution Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the last day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to 30 days' interest on the Interest Coverage excess, if any, of the Original Pre-Funded Amount, over the aggregate Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution Amount Date and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to the weighted average Pass-Through Rate of the Offered Certificates for such Distribution Date, with the Pass-Through Rate on the Offered Certificates, solely for the purposes of the foregoing calculation, multiplied by a fraction, the numerator of which is the actual number of days in the Accrual Period for such Class for such Distribution Date, and the denominator of which is 30. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Master Servicer to REMIC I on the date thereof. I. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such the Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Distribution Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or (assuming that LIBOR remains constant at the Distribution Date following level of LIBOR applicable to the end calculation of the PrePass-Funding Period, as applicable. On Through Rate for the day of termination of A-1 Certificates for the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Periodcurrent Distribution Date).
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the aggregate Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) and (d) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Argent Securities Inc Asset Backed Pass Thru Cer Ser 2003-W9)
Interest Coverage Account. (a) No later If the Interest Coverage Amount is greater than zero on the Closing Date, the Trustee Trustee, at the direction of the Servicer, shall establish and maintain maintain, a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “Interest Coverage Account, Deutsche Bank National Trust Company, as trustee Trustee for the benefit of registered holders of Impac Secured Assets Corp.NovaStar Mortgage Funding Trust 2007-2, Mortgage PassHome Equity Loan Asset-Through Backed Certificates, Series 2007-32” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein (i) the Initial Interest Coverage Deposit Amount (which amount is $0.00) remitted on the Closing Date to the Trustee by the Depositor and all (ii) income and gain realized from investment of funds on deposit investments in the Pre-Funding Account pursuant to Section 4.14(b)Account. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Trustee, for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Trustee shall treat the Interest Coverage Account as an outside reserve fund within the meaning of Treasury Regulation Section 1.860G-2(h). The Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Servicer and shall be remitted by the Trustee to the Depositor Servicer no later than the first Business Day following Distribution Date following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of Distribution Date immediately following the termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account Account, to the extent funds are available therefore, and deposit in the Distribution Account Supplemental Interest Trust an amount amount, as provided in the related Determination Date Report, equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution lesser of cash by (i) the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from amount remaining in the Interest Coverage Account for such Distribution Date and remit (ii) the amount of any unpaid Monthly Interest Distributable Amount for the Class A Certificates and the Mezzanine Certificates, to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) extent not paid pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodSection 4.01(a)(i).
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0111.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid remitted to the Depositor Servicer or its designee, solely upon the Servicer’s written direction.
(e) Amounts in the Interest Coverage Account shall only be invested at the prior written direction of the Servicer. If no such prior written investment direction has been provided by the Servicer to the Trustee, the Trustee shall hold such amounts uninvested.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing CORP)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Certificate Administrator, at the direction of the Servicer, shall establish and maintain maintain, on behalf of the Trustee, a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank First Union National Trust CompanyBank, as trustee Certificate Administrator for the benefit of registered holders of Impac Secured Assets Corp.NovaStar Mortgage Funding Trust 2001-2, Mortgage PassHome Equity Loan Asset-Through Backed Certificates, Series 20072001-3” 2" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee Certificate Administrator shall, promptly upon ------------------------- receipt, deposit in the Interest Coverage Account and retain therein (i) the Initial Interest Coverage Deposit Amount (which amount is $300,000) remitted on the Closing Date to the Trustee Certificate Administrator by the Depositor Company and all (ii) income and gain realized from investment of funds on deposit investments in the Pre-Funding Account pursuant to Section 4.14(b)Account. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Certificate Administrator, on behalf of the Trustee, for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Servicer and shall be remitted by the Trustee Certificate Administrator to the Depositor Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedCertificate Administrator. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee Certificate Administrator shall withdraw from the Interest Coverage Account Account, to the extent funds are available therefore, and deposit in the Distribution Payment Account an amount amount, as provided in the related Determination Date Report, equal to the difference between (i) the sum of the REMIC Monthly Interest Coverage Distribution Amount Distributable Amounts for each of the Class A Certificates and the Mezzanine Certificates for such Distribution Date, and (ii) the Interest Remittance Amount for such Distributable Date (excluding the amount of interest included pursuant to clause (vi) of the definition of REMIC Available Funds), but not less than zero. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Company to REMIC I 1 on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0111.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Certificate Administrator and paid to the Depositor Servicer or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated non-interest bearing trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “Interest Coverage Account, Deutsche Bank National Trust Company, as trustee for the benefit of registered holders of Impac Secured Assets Corp.Long Beach Mortgage Loan Trust 2006‑10, Mortgage PassAsset-Through Backed Certificates, Series 2007-32006‑10” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Servicer and shall be remitted by the Trustee to the Depositor Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each the first Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding PeriodDate, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account Reserve Fund an amount equal to the difference between (x) the aggregate amount of interest accrued during the related Accrual Period at the related Formula Rate on the Certificate Principal Balance of each Class of the Class A Certificates, the Mezzanine Certificates and the Class B Certificates immediately prior to such Distribution Date net of any Relief Act Interest Coverage Distribution Shortfalls or Net Prepayment Interest Shortfalls over (y) the sum of the Group I Interest Remittance Amount and the Group II Interest Remittance Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by On the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer second Distribution Date, the Trustee shall, at the request of the Depositor, shall withdraw any remaining amounts from the Interest Coverage Account and remit distribute them to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodServicer.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2006-10)
Interest Coverage Account. (a) No later than the Closing Date, the Indenture Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank National Trust Company, as indenture trustee for the benefit of registered holders of Impac Secured IMH Assets Corp., Mortgage PassCollateralized Asset-Through CertificatesBacked Bonds, Series 20072002-3” 4F" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Indenture Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Indenture Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Indenture Trustee for the Certificateholders and the Certificate Insurer Bondholders for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Master Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the DepositorMaster Servicer in Permitted Investments, shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Indenture Trustee to the Depositor Master Servicer no later than the first Business Day following receipt of such income and gain by the Indenture Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Payment Date during the Pre-Funding Period and on the day of termination Payment Date immediately following the end of the Pre-Funding Period, the Indenture Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Payment Account an amount equal to 30 days' interest on the Interest Coverage Distribution excess, if any, of the Original Pre-Funded Amount for over the aggregate Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution DatePayment Date and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Payment Date occurs, at a per annum rate equal to 1.25%, plus the Indenture Trustee's Fee Rate. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Master Servicer to REMIC I the Trust Fund on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan Loans to the Trust on any Subsequent Transfer Date, the Indenture Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor Master Servicer or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first preceding sentence of this paragraph on each subsequent Distribution Payment Date, if any, that will occur during the Pre-Funding Period or on that will be the day of termination Payment Date immediately following the end of the Pre-Funding Period Period, if no Subsequent Mortgage Loan Loans were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodPayment Date.
(d) Upon the earliest of (i) the Distribution Payment Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Bond Principal Balance Balances of the Certificates Bonds to zero and or (iii) the termination of this Agreement in accordance with Section 9.018.04, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Indenture Trustee and paid to the Depositor Master Servicer or its designee.
Appears in 1 contract
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Trustee, at the direction of the Servicer, shall establish and maintain maintain, a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “Interest Coverage Account, Deutsche Bank JPMorgan Chase Bank, National Trust CompanyAssociation, as trustee Trustee for the benefit of registered holders of Impac Secured Assets Corp.NovaStar Mortgage Funding Trust 2006-3, Mortgage PassHome Equity Loan Asset-Through Backed Certificates, Series 20072006-3” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein (i) the Initial Interest Coverage Deposit Amount (which amount is $220,000) remitted on the Closing Date to the Trustee by the Depositor and all (ii) income and gain realized from investment of funds on deposit investments in the Pre-Funding Account pursuant to Section 4.14(b)Account. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Trustee, for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Trustee shall treat the Interest Coverage Account as an outside reserve fund within the meaning of Treasury Regulation Section 1.860G-2(h). The Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Servicer and shall be remitted by the Trustee to the Depositor Servicer no later than the first Business Day following Distribution Date following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period Period, if any, and on the day of Distribution Date immediately following the termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account Account, to the extent funds are available therefore, and deposit in the Distribution Account Supplemental Interest Trust an amount amount, as provided in the related Determination Date Report, equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution lesser of cash by (i) the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from amount remaining in the Interest Coverage Account for such Distribution Date and remit (ii) the amount of any unpaid Monthly Interest Distributable Amount for the Class A Certificates and the Mezzanine Certificates, to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) extent not paid pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodSection 4.01(a)(i).
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0111.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid remitted to the Depositor Servicer or its designee, solely upon the Servicer’s written direction.
(e) Amounts in the Interest Coverage Account shall only be invested at the prior written direction of the Servicer. If no such prior written investment direction has been provided by the Servicer to the Trustee, the Trustee shall hold such amounts uninvested.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing CORP)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Securities Administrator shall establish and maintain a segregated trust account or a sub-sub account of a trust account, which shall be titled “Interest Coverage Account, Deutsche LaSalle Bank National Trust CompanyAssociation, as trustee Securities Administrator for the benefit of Citibank, N.A., in trust for registered holders of Impac Secured Assets Corp.Bear Xxxxxxx Asset Backed Securities I LLC, Mortgage PassAsset-Through Backed Certificates, Series 20072005-3CL1” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-sub account of an Eligible Account. The Trustee Securities Administrator shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee Securities Administrator by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b5.10(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Securities Administrator for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee Securities Administrator to the Depositor no later than the first Business Day following receipt of such income and gain by the TrusteeSecurities Administrator. If no written direction with respect to such investment shall be received by the Trustee Securities Administrator from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee Securities Administrator shall withdraw from the Interest Coverage Account and deposit in the Distribution Pre-Funding Reserve Account an amount of interest that accrues during the related Interest Accrual Period at a rate equal to the Interest Coverage Distribution weighted average Pass-Through Rates on the excess, if any, of the Pre-Funded Amount for over the aggregate Stated Principal Balance of Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution DateDate or the Distribution Date following the end of the Pre-Funding Period, as applicable, and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor related Seller to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee Securities Administrator shall, at the request of the Depositorrelated Seller, withdraw from the Interest Coverage Account and remit to the Depositor related Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period Period, if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee Securities Administrator shall withdraw from the Interest Coverage Account and remit to the Depositor related Seller or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first second preceding sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance principal balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0111.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Securities Administrator and paid to related the Depositor Seller or its designeedesignee and the Interest Coverage Account shall be terminated.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-Cl1)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee Certificate Administrator, at the direction of the Servicer, shall establish and maintain maintain, on behalf of the Trustee, a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche Bank First Union National Trust CompanyBank, as trustee Certificate Administrator for the benefit of registered holders of Impac Secured Assets Corp.NovaStar Mortgage Funding Trust 2002-1, Mortgage PassHome Equity Loan Asset-Through Backed Certificates, Series 20072002-3” 1" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee Certificate Administrator shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein (i) the Initial Interest Coverage Deposit Amount (which amount is $100,000) remitted on the Closing Date to the Trustee Certificate Administrator by the Depositor Company and all (ii) income and gain realized from investment of funds on deposit investments in the Pre-Funding Account pursuant to Section 4.14(b)Account. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee Certificate Administrator, on behalf of the Trustee, for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Servicer and shall be remitted by the Trustee Certificate Administrator to the Depositor Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedCertificate Administrator. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee Certificate Administrator shall withdraw from the Interest Coverage Account Account, to the extent funds are available therefore, and deposit in the Distribution Payment Account an amount amount, as provided in the related Determination Date Report, equal to the greater of (i) the income and gain realized from investments in the Pre-Funding Account and deposited in the Interest Coverage Account since the prior Distribution Amount Date, or (ii) the difference between (A) the sum of the REMIC Monthly Interest Distributable Amounts for each of the Class A Certificates, the Mezzanine Certificates and the Class B Certificates for such Distribution Date, and (B) the Interest Remittance Amount for such Distributable Date (excluding the amount of interest included pursuant to clause (vi) of the definition of REMIC Available Funds), but not less than zero. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Company to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance Balances of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.0111.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee Certificate Administrator and paid to the Depositor Servicer or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2002-1)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-sub account of a trust account, which shall be titled “Interest Coverage Account, Deutsche LaSalle Bank National Trust Company, Association as trustee for the benefit of holders of Impac Secured Assets Corp.Bear Xxxxxxx Asset Backed Securities, Mortgage PassAsset-Through Backed Certificates, Series 20072005-3HE10” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-sub account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit for each Loan Group remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit deposited in the Pre-Funding Account pursuant to Section 4.14(b4.07(b). Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Seller to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request of the DepositorSeller, withdraw from the Interest Coverage Account and remit to the Depositor Seller or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first second preceding sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first third preceding sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.0110.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-He10)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “"Interest Coverage Account, Deutsche U.S. Bank National Trust CompanyAssociation, as trustee for the benefit of registered holders of Impac Secured Assets Corp.Salomon Brothers Mortgage Securities VII, Mortgage PassInc., New Century Asset-Through Backed Floating Rate Certificates, Series 20071998-3” NC4" (the “"Interest Coverage Account”"). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any of REMIC created hereunderI, REMIC II or REMIC III. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor no later than Master Servicer on the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvestedeach Remittance Date. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On With respect to each Distribution Date during the Pre-Funding Period and on the day of termination Distribution Date immediately following the end of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount amount, as provided in the related Remittance Report, equal to (i) 30 days' interest on the Original Pre- Funded Amount calculated at an annual rate equal to the Interest Coverage Distribution Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer Date, the Trustee shall, at the request weighted average of the Depositor, withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, Net Mortgage Rates of the amount remaining Mortgage Loans in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end as of the Prepayment commencement of the related Due Period, minus (ii) the sum of (1) any interest payments received on Subsequent Mortgage Loans during the related Due Period relating and (2) any P&I Advance in respect of the interest portion of delinquent Monthly Payments on the Subsequent Mortgage Loans conveyed to the current Distribution Date or Trustee during the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding related Due Period.
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Salomon Bros Mort Sec Vii Inc Ast Bk Fl Rte Cer Se 1998 -Nc4)
Interest Coverage Account. (a) No later than the Closing Date, the The Trustee shall establish and maintain a segregated non-interest bearing trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “Interest Coverage Account, Deutsche Bank National Trust Company, as trustee Trustee, in trust for the benefit registered Holders of holders of Impac Secured Assets Corp., Mortgage PassIndyMac Residential Mortgage-Through Backed Trust Certificates, Series 20072006-3L4” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein. The Interest Coverage Account shall not be an asset of any Trust REMIC.
(b) For federal income tax purposes, the Depositor shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts Amounts on deposit in the Interest Coverage Account are insufficientshall remain uninvested.
(c) On each Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account an amount equal to 30 days’ interest on the Interest Coverage Distribution excess, if any, of the Original Pre-Funded Amount for over the aggregate Stated Principal Balance of related Subsequent Mortgage Loans that both (i) had a Due Date during the Due Period relating to such Distribution DateDate and (ii) had a Subsequent Cut-off Date prior to the first day of the month in which such Distribution Date occurs, at a per annum rate equal to 6.96669%. Such withdrawal and deposit shall be treated as a contribution of cash by the Depositor Servicer to REMIC I on 1. On the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer DateDistribution Date in February 2007, the Trustee shall, at the request of the Depositor, shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such the Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Datesecond preceding sentence, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding Period.
(d) Upon the earliest earlier of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the aggregate Class Certificate Principal Balance of the Certificates to zero and or (iii) the termination of this Agreement in accordance with Section 9.01Agreement, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (IndyMac Residential Mortgage-Backed Trust, Series 2006-L4)
Interest Coverage Account. (a) No later than the Closing Date, the Trustee shall establish and maintain a segregated non-interest bearing trust account or a sub-account of a trust accountthat is an Eligible Account, which shall be titled “Interest Coverage Account, Deutsche Bank National Trust Company, as trustee for the benefit of registered holders of Impac Secured Assets Corp.Long Beach Mortgage Loan Trust 2006-4, Mortgage PassAsset-Through Backed Certificates, Series 20072006-34” (the “Interest Coverage Account”). The Interest Coverage Account shall be an Eligible Account or a sub-account of an Eligible Account. The Trustee shall, promptly upon receipt, deposit in the Interest Coverage Account and retain therein the Initial Interest Coverage Deposit Amount remitted on the Closing Date to the Trustee by the Depositor and all income and gain realized from investment of funds on deposit in the Pre-Funding Account pursuant to Section 4.14(b)Depositor. Funds deposited in the Interest Coverage Account shall be held in trust by the Trustee for the Certificateholders and the Certificate Insurer for the uses and purposes set forth herein.
(b) For federal income tax purposes, the Depositor Master Servicer shall be the owner of the Interest Coverage Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Interest Coverage Account be an asset of any REMIC created hereunder. All income and gain realized from investment of funds deposited in the Interest Coverage Account, which investment shall be made solely upon the written direction of the Depositor, Account shall be for the sole and exclusive benefit of the Depositor Master Servicer and shall be remitted by the Trustee to the Depositor Master Servicer no later than the first Business Day following receipt of such income and gain by the Trustee. If no written direction with respect to such investment shall be received by the Trustee from the Depositor, then funds in such Account shall remain uninvested. The Trustee shall not be liable for the selection of investments or investment losses incurred thereon. The Depositor Master Servicer shall deposit in the Interest Coverage Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss and any additional amounts necessary to make the distributions pursuant to paragraph (c) to the extent that amounts on deposit in the Interest Coverage Account are insufficientloss.
(c) On each the first Distribution Date during the Pre-Funding Period and on the day of termination of the Pre-Funding PeriodDate, the Trustee shall withdraw from the Interest Coverage Account and deposit in the Distribution Account Reserve Fund an amount equal to the difference between (x) the aggregate amount of interest accrued during the related Accrual Period at the related Formula Rate on the Certificate Principal Balance of each Class of the Class A Certificates, the Mezzanine Certificates and the Certificates immediately prior to such Distribution Date net of any Relief Act Interest Coverage Distribution Shortfalls or Net Prepayment Interest Shortfalls over (y) the sum of the Group I Interest Remittance Amount and the Group II Interest Remittance Amount for such Distribution Date. Such withdrawal and deposit shall be treated as a contribution of cash by On the Depositor to REMIC I on the date thereof. Immediately following any such withdrawal and deposit, and immediately following the conveyance of any Subsequent Mortgage Loan to the Trust on any Subsequent Transfer second Distribution Date, the Trustee shall, at the request of the Depositor, shall withdraw any remaining amounts from the Interest Coverage Account and remit distribute them to the Depositor or its designee an amount equal to the excess, if any, of the amount remaining in such Interest Coverage Account over the amount that would be required to be withdrawn therefrom (assuming sufficient funds therein) pursuant to the first sentence of this paragraph on each subsequent Distribution Date, if any, that will occur during the Pre-Funding Period or on the day of termination of the Pre-Funding Period if no Subsequent Mortgage Loan were acquired by the Trust Fund after the end of the Prepayment Period relating to the current Distribution Date or the Distribution Date following the end of the Pre-Funding Period, as applicable. On the day of termination of the Pre-Funding Period, the Trustee shall withdraw from the Interest Coverage Account and remit to the Depositor or its designee the amount remaining in such Interest Coverage Account after payment of the amount required to be withdrawn therefrom pursuant to the first sentence of this paragraph on the day of termination of the Pre-Funding PeriodMaster Servicer.
(d) Upon the earliest of (i) the Distribution Date immediately following the end of the Pre-Funding Period, (ii) the reduction of the Certificate Principal Balance of the Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Interest Coverage Account after distributions pursuant to paragraph (c) above shall be withdrawn by the Trustee and paid to the Depositor or its designee.
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Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2006-4)