Investment of Accounts. (a) Consistent with any requirements of the Code, all or a portion of any Account held by the Trustee for the benefit of the Owners may (i) remain uninvested or (ii) be invested and reinvested by the Trustee as directed in writing by the Servicer in the name of the Trustee for the benefit of the Owners in one or more Eligible Investments bearing interest or sold at a discount. The bank serving as Trustee or any Affiliate thereof may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No investment in any Account shall mature later than the Business Day immediately preceding the next Distribution Date. Amounts held in the Certificate Account shall be invested in Eligible Investments, which Eligible Investments shall mature no later than the Business Day preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for which the Trustee or any Affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following Distribution Date. (b) If any amounts are needed for disbursement from any Account held by the Trustee and sufficient uninvested funds are not available to make such disbursement, the Trustee shall cause to be sold or otherwise converted to cash as directed in writing by the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursement. (c) All income or other gain from investment in the Certificate Account held by the Trustee shall be withdrawn by the Trustee and remitted to the Servicer (except with respect to all income or other gain from investment earned on the Business Day immediately preceding a Distribution Date, which amounts shall be retained by the Trustee). Any investment losses on amounts held in the Certificate Account shall, promptly upon realization of such loss, be contributed by the Servicer to the Trustee for deposit in the Certificate Account.
Appears in 21 contracts
Samples: Pooling and Servicing Agreement (Centex Home Equity Loan Trust 2002 B), Pooling and Servicing Agreement (Centex Home Equity Loan Trust 2002-A), Pooling and Servicing Agreement (Centex Home Equity Loan Trust 2004-C)
Investment of Accounts. (a) Consistent with any requirements of the Code, all or a portion of any Account held by the Trustee or Supplemental Interest Trustee for the benefit of the Owners may (i) remain uninvested or (ii) be invested and reinvested by the Trustee or Supplemental Interest Trustee, as applicable, as directed in writing by the Servicer in the name of the Trustee or Supplemental Interest Trustee, as applicable, for the benefit of the Owners in one or more Eligible Investments bearing interest or sold at a discount. The bank serving as Trustee or Supplemental Interest Trustee, as applicable, or any Affiliate thereof may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No investment in any Account shall mature later than the Business Day immediately preceding the next Distribution Date. Amounts held in the Certificate Account shall be invested in Eligible Investments, which Eligible Investments shall mature no later than the Business Day preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for which the Trustee or any Affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following Distribution Date.
(b) If any amounts are needed for disbursement from any Account held by the Trustee or Supplemental Interest Trustee, as applicable, and sufficient uninvested funds are not available to make such disbursement, the Trustee or Supplemental Interest Trustee, as applicable, shall cause to be sold or otherwise converted to cash as directed in writing by the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursement.
(c) All income or other gain from investment in the Certificate Account held by the Trustee shall be withdrawn by the Trustee and remitted to the Servicer (except with respect to all income or other gain from investment earned on the Business Day immediately preceding a Distribution Date, which amounts shall be retained by the Trustee). Any investment losses on amounts held in the Certificate Account shall, promptly upon realization of such loss, be contributed by the Servicer to the Trustee for deposit in the Certificate Account.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Nationstar Home Equity Loan Trust 2006-B), Pooling and Servicing Agreement (Centex Home Equity Loan Trust 2006-A), Pooling and Servicing Agreement (Nationstar Home Equity Loan Trust 2007-B)
Investment of Accounts. (a) Consistent with any requirements of the Code, all or a portion of any Account held by the Trustee for the benefit of the Owners may (i) remain uninvested or (ii) be invested and reinvested by the Trustee as directed in writing by the Servicer in the name of the Trustee for the benefit of the Owners and the Certificate Insurer in one or more Eligible Investments bearing interest or sold at a discount. The bank serving as Trustee or any Affiliate affiliate thereof may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No investment in any Account shall mature later than the Business Day immediately preceding the next Distribution Payment Date. Amounts held in the Certificate Account shall be invested in Eligible Investments, which Eligible Investments shall mature no later than the Business Day preceding the immediately following Distribution Payment Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for which the Trustee or any Affiliate affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following Distribution Payment Date.
(b) If any amounts are needed for disbursement from any Account held by the Trustee and sufficient uninvested funds are not available to make such disbursement, the Trustee shall cause to be sold or otherwise converted to cash as directed in writing by the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursement.
(c) All income or other gain from investment in the Certificate Account held by the Trustee shall be withdrawn by the Trustee and remitted to the Servicer (except with respect to all income or other gain from investment earned on the Business Day immediately preceding a Distribution Date, which amounts shall be retained by the Trustee). Any investment losses on amounts held in the Certificate Account shall, shall be for the account of the Trustee and promptly upon the realization of such loss, loss shall be contributed by the Servicer Trustee to the Trustee for deposit in the Certificate Account.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (DLJ Mortgage Acceptance Corp), Pooling and Servicing Agreement (Chec Asset Receivables Corp), Pooling and Servicing Agreement (Chec Asset Receivables Corp)
Investment of Accounts. (a) Consistent with any requirements of the Code, all or a portion of any Investment Account held by the Trustee for the benefit of the Owners may (i) remain uninvested or (ii) shall be invested and reinvested by in the Trustee name of the Trust Fund, as directed in writing by the Servicer in the name of the Trustee for the benefit of the Owners Depositor, in one or more Eligible Investments bearing interest or sold at a discount. The bank serving as Trustee or any Affiliate thereof and a Paying Agent (in each case acting in its commercial capacity) may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No Except as otherwise provided in this Section 4.03, no investment in any Investment Account shall mature later than the Business Day immediately preceding the next Distribution Date. Amounts held If the Depositor shall fail to give investment directions to the Paying Agent, amounts in the Certificate Account accounts maintained with the Paying Agent shall be invested in Eligible Investments, which Eligible Investments shall mature no later than the Business Day preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for which the Trustee or any Affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following Distribution Date.
(b) remain uninvested. If any amounts are needed for disbursement from any Investment Account held by the Trustee Paying Agent and sufficient uninvested funds are not available to make such disbursement, the Trustee Paying Agent shall cause to be sold or otherwise converted to cash as directed in writing by the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursement. The Trustee and the Paying Agent shall have no liability for any loss incurred in connection with any investment or any sale or liquidation thereof, or for any insufficiency in any Investment Account, except for any such loss or insufficiency caused by its own negligence or willful misconduct.
(ci) All income If the Collection Account is an Investment Account, then all funds therein shall be held (i) uninvested up to the amount insured by the FDIC or other gain from investment (ii) invested in Eligible Investments. Any investments of funds in the Certificate Collection Account shall mature or be withdrawable at par on or prior to the immediately succeeding Deposit Date. Any investment earnings on funds held in the Collection Account shall be for the account of the Servicer and may only be withdrawn from the Collection Account by the Trustee shall be withdrawn by Servicer immediately following the Trustee and remitted to remittance of the Servicer (except with respect to all income or other gain from investment earned on the Business Day immediately preceding a Distribution Date, which amounts shall be retained by the Trustee)Monthly Deposit Amount. Any investment losses on amounts funds held in the Certificate Collection Account shall, shall be for the account of the Servicer and promptly upon the realization of such loss, loss shall be contributed by the Servicer to the Collection Account. Any references herein to amounts on deposit in the Collection Account shall refer to amounts net of investment earnings.
(ii) If the Certificate Account is an Investment Account, then funds therein shall be invested and reinvested by the Paying Agent at the Depositor's written direction in one or more Eligible Investments bearing interest or sold at discount. No investment of any amount held in the Certificate Account may mature later than the Business Day immediately preceding the next Distribution Date; provided, however, that investments (including repurchase agreements) on which the Trustee for deposit or the Paying Agent, in its commercial capacity, is the obligor, may mature on a Distribution Date. All income from investment of moneys deposited in the Certificate Account, and all proceeds of disposition of any assets in the Certificate Account, shall be deposited in the Certificate Account immediately upon receipt, and any loss resulting from such investment shall be charged to the Certificate Account.
(c) The Depositor will not direct the Trustee or the Paying Agent to make any investment of any funds or to sell any investment held in an Investment Account except under the following terms and conditions:
(i) each such investment shall be made in the name of the Trustee (in its capacity as such) or in the name of a Qualified Nominee of the Trustee; and
(ii) each such investment shall be a "cash flow investment" as defined in Code Section 860G(a)(6).
(d) Generally, no Eligible Investment shall be disposed of prior to its maturity; provided, however, if any amounts are needed for disbursement from an Investment Account and sufficient uninvested funds are not available therein to make such disbursement, in the absence of a Depositor Order for the liquidation of investments held therein in an amount sufficient to provide the required funds, the Paying Agent shall cause to be sold or otherwise converted to cash a sufficient amount of the investments in such Investment Account; provided, further, however, that prior to any such sale or conversion to cash, the Trustee or the Paying Agent shall have received (i) an Opinion of Counsel that such sale or conversion to cash shall not constitute a "prohibited transaction" under Code Section 860F(a), or (ii) (a) if such sale or conversion to cash constitutes such a "prohibited transaction", the consent of the Holders of 100% Percentage Interest of the Residual Certificates to the prohibited transaction together with each such Holder's proportionate share of any tax imposed on the Trust Fund attributable to such transaction and (b) an Opinion of Counsel that such transaction will not disqualify any Constituent REMIC as a REMIC.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Citicorp Residential Mortgage Trust Series 2007-2), Pooling and Servicing Agreement (Citicorp Residential Mortgage Trust Series 2006-1), Pooling and Servicing Agreement (Citicorp Residential Mortgage Trust Series 2006-2)
Investment of Accounts. (a) Consistent with any requirements of the Code, all or a portion of any Account held by the Indenture Trustee for the benefit of the Owners may (i) remain uninvested or (ii) shall be invested and reinvested by the Indenture Trustee in trust for the benefit of the Owners and the Note Insurer, as directed in writing by the Servicer in the name of the Trustee for the benefit of the Owners Seller, in one or more Eligible Investments bearing interest or sold at a discount. The bank serving as Indenture Trustee or any Affiliate affiliate thereof may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No investment in any Account shall mature later than the Business Day immediately preceding the next Distribution Date. Amounts held in the Certificate Account shall be invested in Eligible Investments, which Eligible Investments shall mature no later than the Business Day preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for which the Trustee or any Affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following Distribution Payment Date.
(b) If any amounts are needed for disbursement from any Account held by the Indenture Trustee and sufficient uninvested funds are not available to make such disbursement, the Indenture Trustee shall cause to be sold or otherwise converted to cash as directed in writing by the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursement.
(c) Subject to the terms of the Indenture, the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in any Account held by the Indenture Trustee resulting from any loss on any Eligible Investment included therein (except to the extent that the bank serving as Indenture Trustee is the obligor thereon).
(d) The Indenture Trustee shall invest and reinvest funds in the Accounts held by the Indenture Trustee, in accordance with the written instructions delivered to the Indenture Trustee on the Closing Date, but only in one or more Eligible Investments bearing interest or sold at a discount. If the Seller shall have failed to give investment directions to the Indenture Trustee then the Indenture Trustee shall invest in money market funds described in Section 3.07(j) to be redeemable without penalty no later than the Business Day immediately preceding the next Payment Date.
(e) All income or other gain from investment investments in the Certificate any Account held by the Indenture Trustee shall be withdrawn by the Trustee deposited in such Account immediately on receipt, and remitted any loss resulting from such investments shall be charged to such Account, as appropriate, subject to the requirement of Section 4.08(b) that the Servicer (except with respect contribute funds in an amount equal to all income or other gain from investment earned on the Business Day immediately preceding a Distribution Date, which amounts shall be retained by the Trustee). Any investment losses on amounts held such loss in the Certificate Account shall, promptly upon realization case of such loss, be contributed by the Servicer to the Trustee for deposit in the Certificate Principal and Interest Account.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Imc Home Equity Loan Owner Trust 1998-6), Sale and Servicing Agreement (Imc Home Equity Loan Owner Trust 1998-4), Sale and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)
Investment of Accounts. (a) Consistent Except as provided below, consistent with any requirements of the Code, all or a portion of any Account held by the Trustee for the benefit of the Owners may (i) remain uninvested or (ii) shall be invested and reinvested by the Trustee as directed in writing by the Servicer in the name of the Trustee for the benefit of the Owners Owners, as directed in writing by the party who benefits from such investment, which shall be the Depositor in the case of the Pre-Funding Account and the Capitalized Interest Account and the related Servicer in the case of the related Principal and Interest Account, in one or more Eligible Investments bearing interest or sold at a discount. The earnings on each Principal and Interest Account are payable to the related Servicer. Earnings on the Certificate Account are payable to the Trustee. The bank serving as Trustee or any Affiliate affiliate thereof may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No investment in any Account shall mature later than the Business Day immediately preceding the next Distribution Payment Date. Amounts held If the Depositor shall have failed to give investment directions to the Trustee then the Trustee shall invest the funds in the Certificate Account shall such Accounts in money market funds described in Section 7.07(k) to be invested in Eligible Investments, which Eligible Investments shall mature redeemable without penalty no later than the Business Day immediately preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for which the Trustee or any Affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following Distribution next Payment Date.
(b) If Subject to Section 10.01 hereof, the Trustee shall not in any amounts are needed for disbursement from way be held liable by reason of any insufficiency in any Account held by the Trustee and sufficient uninvested funds are not available resulting from any loss on any Eligible Investment included therein (except to make such disbursement, the extent that the bank serving as Trustee shall cause to be sold or otherwise converted to cash as directed in writing by is the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursementobligor thereon).
(c) All income or other gain from investment investments in the Certificate any Account held by the Trustee shall be withdrawn by deposited in such Account immediately on receipt (other than the Trustee Principal and remitted to the Servicer (except with respect to all Interest Accounts, which income or other gain from investment earned on gains shall be retained by the Business Day immediately preceding a Distribution Daterelated Servicer and the Certificate Account, which amounts income or other gains shall be retained by the Trustee). Any investment losses on amounts held , and any loss resulting from such investments shall be charged to such Account, provided that the related Servicer and the Trustee shall each contribute funds in an amount equal to such loss in the Certificate case of the Principal and Interest Account shall, promptly upon realization of such loss, be contributed by the Servicer to the Trustee for deposit in and the Certificate Account, respectively.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Armesco Residential Sec Corp Mort Loan Tr 1996-5), Pooling and Servicing Agreement (Amresco Residential Securities Corp Mortgage Loan Tr 1997-2), Pooling and Servicing Agreement (Amresco Residential Securities Corp Mort Loan Trust 1997-3)
Investment of Accounts. (a) Consistent Except as provided below, consistent with any requirements of the Code, all or a portion of any Account held by the Trustee for the benefit of the Owners may (i) remain uninvested or (ii) shall be invested and reinvested by the Trustee as directed in writing by the Servicer in the name of the Trustee for the benefit of the Owners Owners, as directed in writing by the party who benefits from such investment, which shall be the Depositor in the case of the Pre-Funding Account and the Capitalized Interest Account and the related Servicer in the case of the related Principal and Interest Account, in one or more Eligible Investments bearing interest or sold at a discount. The earnings on each Principal and Interest Account are payable to the related Servicer. Earnings on the Certificate Account are payable to the Trustee. The bank serving as Trustee or any Affiliate affiliate thereof may be the obligor obligor, manager or advisor on any investment which otherwise qualifies as an Eligible Investment. No investment in any Account shall mature later than the Business Day immediately preceding the next Distribution Payment Date unless such investment is an obligation of the Trustee or is a fund for which the Trustee or any affiliate of the Trustee is a manager or advisor, in which case such investment may mature not later than the next Payment Date. Amounts held If the Depositor shall have failed to give investment directions to the Trustee then the Trustee shall invest the funds in the Certificate Account shall such Accounts in money market funds described in Section 7.07(k) to be invested in Eligible Investments, which Eligible Investments shall mature redeemable without penalty no later than the Business Day immediately preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for which the Trustee or any Affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following Distribution next Payment Date.
(b) If Subject to Section 10.01 hereof, the Trustee shall not in any amounts are needed for disbursement from way be held liable by reason of any insufficiency in any Account held by the Trustee and sufficient uninvested funds are not available resulting from any loss on any Eligible Investment included therein (except to make such disbursement, the extent that the bank serving as Trustee shall cause to be sold or otherwise converted to cash as directed is the obligor in writing by the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursementits corporate capacity thereon).
(c) All income or other gain from investment investments in the Certificate any Account held by the Trustee shall be withdrawn by deposited in such Account immediately on receipt (other than the Trustee Principal and remitted to the Servicer (except with respect to all Interest Accounts, which income or other gain from investment earned on gains shall be retained by the Business Day immediately preceding a Distribution Daterelated Servicer and the Certificate Account, which amounts income or other gains shall be retained by the Trustee). Any investment losses on amounts held , and any loss resulting from such investments shall be charged to such Account, provided that the related Servicer and the Trustee shall each contribute funds in an amount equal to such loss in the Certificate case of the Principal and Interest Account shall, promptly upon realization of such loss, be contributed by the Servicer to the Trustee for deposit in and the Certificate Account, respectively.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Amresco Residential Securities Corp), Pooling and Servicing Agreement (Amresco Residential Securities Corp Mortgage Loan Tr 1998-2)
Investment of Accounts. (a) Consistent with any requirements of the Code, all or a portion of any Account held by the Trustee for the benefit of the Owners may (i) remain uninvested or (ii) be invested and reinvested by the Trustee as directed in writing by the Servicer in the name of the Trustee for the benefit of the Owners and the Certificate Insurer in one or more Eligible Investments bearing interest or sold at a discount. The bank serving as Trustee or any Affiliate affiliate thereof may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No investment in any Account shall mature later than the Business Day immediately preceding the next Distribution Date. Amounts held in the Certificate Account shall be invested in Eligible Investments, which Eligible Investments shall mature no later than the Business Day preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for which the Trustee or any Affiliate affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following Distribution Date.
(b) If any amounts are needed for disbursement from any Account held by the Trustee and sufficient uninvested funds are not available to make such disbursement, the Trustee shall cause to be sold or otherwise converted to cash as directed in writing by the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursement.
(c) All income or other gain from investment in the Certificate Account held by the Trustee shall be withdrawn by the Trustee and and, remitted to the Servicer (except with respect to all income or other gain from investment earned on the Business Day immediately preceding a Distribution Date, which amounts shall be retained by the Trustee). Any investment losses on amounts held in the Certificate Account shall, promptly upon realization of such loss, be contributed by the Servicer to the Trustee for deposit in the Certificate Account.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Centex Home Equity Loan Trust 2000-A), Pooling and Servicing Agreement (Chec Funding LLC)
Investment of Accounts. (a) Consistent with any requirements of the Code, all or a portion of any Account held by the Trustee for the benefit of the Owners may (i) remain uninvested or (ii) be invested and reinvested by the Trustee as directed in writing by the Servicer in the name of the Trustee for the benefit of the Owners and the Certificate Insurer in one or more Eligible Investments bearing interest or sold at a discount. The bank serving as Trustee or any Affiliate affiliate thereof may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No investment in any Account shall mature later than the Business Day immediately preceding the next Distribution Date. Amounts held in the Certificate Account shall be invested in Eligible Investments, which Eligible Investments shall mature no later than the Business Day preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for which the Trustee or any Affiliate affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following Distribution Date.
(b) If any amounts are needed for disbursement from any Account held by the Trustee and sufficient uninvested funds are not available to make such disbursement, the Trustee shall cause to be sold or otherwise converted to cash as directed in writing by the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursement.
(c) All income or other gain from investment in the Certificate Account held by the Trustee shall be withdrawn by the Trustee and remitted to the Servicer (except with respect to all income or other gain from investment earned on the Business Day immediately preceding a Distribution Date, which amounts shall be retained by the Trustee). Any investment losses on amounts held in the Certificate Account shall, shall be for the account of the Trustee and promptly upon the realization of such loss, loss shall be contributed by the Servicer Trustee to the Trustee for deposit in the Certificate Account.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Chec Asset Receivables Corp), Pooling and Servicing Agreement (Centex Home Equity Loan Trust 1999-2)
Investment of Accounts. (a) Consistent with any requirements of the Code, all or a portion of any Account held by the Trustee for the benefit of the Owners may (i) remain uninvested or (ii) be invested and reinvested by the Trustee as directed in writing by the Servicer in the name of the Trustee for the benefit of the Owners and the Certificate Insurer in one or more Eligible Investments bearing interest or sold at a discount. The bank serving as Trustee or any Affiliate thereof may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No investment in any Account shall mature later than the Business Day immediately preceding the next Distribution Date. Amounts held in the Certificate Account shall be invested in Eligible Investments, which Eligible Investments shall mature no later than the Business Day preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for which the Trustee or any Affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following Distribution Date.
(b) If any amounts are needed for disbursement from any Account held by the Trustee and sufficient uninvested funds are not available to make such disbursement, the Trustee shall cause to be sold or otherwise converted to cash as directed in writing by the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursement.
(c) All income or other gain from investment in the Certificate Account held by the Trustee shall be withdrawn by the Trustee and remitted to the Servicer (except with respect to all income or other gain from investment earned on the Business Day immediately preceding a Distribution Date, which amounts shall be retained by the Trustee). Any investment losses on amounts held in the Certificate Account shall, promptly upon realization of such loss, be contributed by the Servicer to the Trustee for deposit in the Certificate Account.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Centex Home Equity Loan Asset Backed Certs Series 2001 A), Pooling and Servicing Agreement (Centex Credit Corp Home Eq Ln Asset Backed Cert Ser 2000 B)
Investment of Accounts. (a) Consistent Except as provided below, consistent with any requirements of the Code, all or a portion of any Account held by the Trustee for the benefit of the Owners may (i) remain uninvested or (ii) shall be invested and reinvested by the Trustee as directed in writing by the Servicer in the name of the Trustee for the benefit of the Owners Owners, as directed in writing by the party who benefits from such investment, which shall be the Depositor in the case of the Pre-Funding Account and the Capitalized Interest Account and the related Servicer in the case of the related Principal and Interest Account, in one or more Eligible Investments bearing interest or sold at a discount. The earnings on each Principal and Interest Account are payable to the related Servicer. Earnings on the Certificate Account are payable to the Trustee. The bank serving as Trustee or any Affiliate affiliate thereof may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No investment in any Account shall mature later than the Business Day immediately preceding the next Distribution Payment Date. Amounts held If the Depositor shall have failed to give investment directions to the Trustee then the Trustee shall invest the funds in the Certificate Account shall such Accounts in money market funds described in Section 7.07(k) to be invested in Eligible Investments, which Eligible Investments shall mature redeemable without penalty no later than the Business Day immediately preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for which the Trustee or any Affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following Distribution next Payment Date.
(b) If Subject to Section 10.01 hereof, the Trustee shall not in any amounts are needed for disbursement from way be held liable by reason of any insufficiency in any Account held by the Trustee and sufficient uninvested funds are not available resulting from any loss on any Eligible Investment included therein (except to make such disbursement, the extent that the bank serving as Trustee shall cause to be sold or otherwise converted to cash as directed is the obligor in writing by the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursementits corporate capacity thereon).
(c) All income or other gain from investment investments in the Certificate any Account held by the Trustee shall be withdrawn by deposited in such Account immediately on receipt (other than the Trustee Principal and remitted to the Servicer (except with respect to all Interest Accounts, which income or other gain from investment earned on gains shall be retained by the Business Day immediately preceding a Distribution Daterelated Servicer and the Certificate Account, which amounts income or other gains shall be retained by the Trustee). Any investment losses on amounts held , and any loss resulting from such investments shall be charged to such Account, provided that the related Servicer and the Trustee shall each contribute funds in an amount equal to such loss in the Certificate case of the Principal and Interest Account shall, promptly upon realization of such loss, be contributed by the Servicer to the Trustee for deposit in and the Certificate Account, respectively.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Amresco Residential Securities Corp Mort Loan Trust 1998-1)
Investment of Accounts. (a) Consistent So long as no default or Event of Default shall have occurred and be continuing, and consistent with any requirements of the Code, all or a portion of any Account held by the Trustee for the benefit of the Owners may (i) remain uninvested or (ii) shall be invested and reinvested by the Trustee as directed in writing by the Servicer in the name of the Trustee for the benefit of the Owners Servicer, in one or more Eligible Investments Permitted Instruments bearing interest or sold at a discount. The bank serving as No such investment in the Certificate Account shall mature later than the Business Day immediately preceding the next Remittance Date and no such investment in the Expense Account, Pre- Funding Account, Capitalized Interest Account or FHA Premium Account shall mature later than the Business Day immediately preceding the date such funds will be needed to pay fees or premiums or be transferred to the Certificate Account; PROVIDED, HOWEVER, the Trustee or any Affiliate affiliate thereof may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No a Permitted Instrument and any investment in any Account shall mature later than the Business Day immediately preceding the next Distribution Date. Amounts held in the Certificate Account shall be invested in Eligible Investments, which Eligible Investments shall mature no later than the Business Day preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for on which the Trustee or any Affiliate is the manager obligor may mature on such Remittance Date or date when needed, as the adviser, such Eligible Investments shall mature no later than the following Distribution Datecase may be.
(b) If any amounts are needed for disbursement from any Account held by the Trustee and sufficient uninvested funds are not available to make such disbursement, the Trustee shall cause to be sold or otherwise converted to cash as directed in writing by the Servicer a sufficient amount of the investments in such Account. No investments will The Trustee shall not be liquidated prior to maturity unless the proceeds thereof are needed liable for disbursementany investment loss or other charge resulting therefrom.
(c) Subject to Section 12.01 hereof, the Trustee shall not in any way be held liable by reason of any insufficiency in any Account held by the Trustee resulting from any investment loss on any Permitted Instrument included therein (except to the extent that the Trustee is the obligor thereon).
(d) The Trustee shall invest and reinvest funds in the Accounts held by the Trustee to the fullest extent practicable, in such manner as the Servicer shall from time to time direct in writing, but only in one or more Permitted Instruments.
(e) All income or other gain from investment investments in the Certificate any Account held by the Trustee shall be withdrawn by deposited in such Account, immediately on receipt, and the Trustee and remitted to shall notify the Servicer (except with respect to all income or other gain of any loss resulting from investment earned on such investments. The Servicer shall remit the Business Day immediately preceding a Distribution Dateamount of any such loss from its own funds, which amounts shall be retained by the Trustee). Any investment losses on amounts held in the Certificate Account shallwithout reimbursement therefor, promptly upon realization of such loss, be contributed by the Servicer to the Trustee for deposit in the Certificate AccountAccount from which the related funds were withdrawn for investment by the next Determination Date following receipt by the Servicer of such notice.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Money Store Home Equity Corp)
Investment of Accounts. (a) Consistent with any requirements of the Code, all or a portion of any Account held by the Trustee for the benefit of the Owners may (i) remain uninvested or (ii) be invested and reinvested by the Trustee as directed in writing by the Servicer in the name of the Trustee for the benefit of the Owners and the Certificate Insurer in one or more Eligible Investments bearing interest or sold at a discount. The bank serving as Trustee or any Affiliate affiliate thereof may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No investment in any Account shall mature later than the Business Day immediately preceding the next Distribution Date. Amounts held in the Certificate Account shall be invested in Eligible Investments, which Eligible Investments shall mature no later than the Business Day preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for which the Trustee or any Affiliate affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following Distribution Date.
(b) If any amounts are needed for disbursement from any Account held by the Trustee and sufficient uninvested funds are not available to make such disbursement, the Trustee shall cause to be sold or otherwise converted to cash as directed in writing by the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursement.
(c) All income or other gain from investment in the Certificate Account held by the Trustee shall be withdrawn by the Trustee and and, remitted to the Servicer (except with respect to all income or other gain from investment earned on the Business Day immediately preceding a Distribution Date, which amounts shall be retained by the Trustee). Any investment losses on amounts held in the Certificate Account shall, shall be for the account of the Trustee and promptly upon the realization of such loss, loss shall be contributed by the Servicer to the Trustee for deposit in the Certificate Account or by the Trustee to the Certificate Account, as applicable.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Centex Home Equity Ln Asset Bk Cert Ser 1999-3)
Investment of Accounts. (a) Consistent with any requirements of the Code, all or a portion of any the Certificate Account held by the Trustee for the benefit of the Owners and Principal and Interest Account may (i) remain uninvested or (ii) be invested and reinvested by the Trustee Securities Administrator or the Servicer, as applicable, as directed in writing by the Servicer in the name of the Trustee Securities Administrator for the benefit of the Owners in one or more Eligible Investments bearing interest or sold at a discount. The bank serving as Trustee Securities Administrator or Servicer, as applicable or any Affiliate thereof may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No investment in any the Certificate Account or Principal and Interest Account shall mature later than the Business Day immediately preceding the next Distribution Date or Monthly Remittance Date, respectively. Amounts held in the Certificate Account or Principal and Interest Account shall be invested in Eligible Investments, which Eligible Investments shall mature no later than the Business Day preceding the immediately following Distribution Date or Monthly Remittance Date, respectively, or, if such Eligible Investments are an obligation of the Trustee Securities Administrator or are money market funds for which the Trustee Securities Administrator or any Affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following Distribution Date or Monthly Remittance Date, as applicable. If no investment direction is received, such amounts will remain uninvested. Amounts on deposit in the Swap Account shall remain uninvested.
(b) If any amounts are needed for disbursement from any the Certificate Account or Principal and Interest Account held by the Trustee Securities Administrator and sufficient uninvested funds are not available to make such disbursement, the Trustee Securities Administrator shall cause to be sold or otherwise converted to cash as directed in writing by the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursement.
(c) All income or other gain from investment in the Certificate Account or Principal and Interest Account held by the Trustee Securities Administrator or the Servicer, as applicable shall be withdrawn by the Trustee Securities Administrator or the Servicer, as applicable, and remitted to the Servicer (except with respect to all income or other gain from investment earned on the Business Day immediately preceding a Distribution Date or Monthly Remittance Date, respectively, which amounts shall be retained by the TrusteeSecurities Administrator). Any investment losses on amounts held in the Certificate Account and Principal and Interest Account shall, promptly upon realization of such loss, be contributed by the Servicer or the Securities Administrator, as applicable, to the Trustee Servicer or Securities Administrator, as applicable, for deposit in the Certificate Account or Principal and Interest Account, as applicable.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Home Equity Loan Trust 2007-Fre1)
Investment of Accounts. (a) Consistent So long as no default or Event of Default shall have occurred and be continuing, and consistent with any requirements of the Code, all or a portion of any Account held by the Trustee for the benefit of the Owners may (i) remain uninvested or (ii) shall be invested and reinvested by the Trustee as directed in writing by the Servicer in the name of the Trustee for the benefit of the Owners Servicer, in one or more Eligible Investments Permitted Instruments bearing interest or sold at a discount. The bank serving as No such investment in the Certificate Account shall mature later than the Business Day immediately preceding the next Remittance Date and no such investment in the Expense Account, Pre-Funding Account, Capitalized Interest Account or FHA Premium Account shall mature later than the Business Day immediately preceding the date such funds will be needed to pay fees or premiums or be transferred to the Certificate Account; provided, however, the Trustee or any Affiliate affiliate thereof may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No a Permitted Instrument and any investment in any Account shall mature later than the Business Day immediately preceding the next Distribution Date. Amounts held in the Certificate Account shall be invested in Eligible Investments, which Eligible Investments shall mature no later than the Business Day preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for on which the Trustee or any Affiliate is the manager obligor may mature on such Remittance Date or date when needed, as the adviser, such Eligible Investments shall mature no later than the following Distribution Datecase may be.
(b) If any amounts are needed for disbursement from any Account held by the Trustee and sufficient uninvested funds are not available to make such disbursement, the Trustee shall cause to be sold or otherwise converted to cash as directed in writing by the Servicer a sufficient amount of the investments in such Account. No investments will The Trustee shall not be liquidated prior to maturity unless the proceeds thereof are needed liable for disbursementany investment loss or other charge resulting therefrom.
(c) Subject to Section 12.01 hereof, the Trustee shall not in any way be held liable by reason of any insufficiency in any Account held by the Trustee resulting from any investment loss on any Permitted Instrument included therein (except to the extent that the Trustee is the obligor thereon).
(d) The Trustee shall invest and reinvest funds in the Accounts held by the Trustee to the fullest extent practicable, in such manner as the Servicer shall from time to time direct in writing, but only in one or more Permitted Instruments.
(e) All income or other gain from investment investments in the Certificate any Account held by the Trustee shall be withdrawn by deposited in such Account, immediately on receipt, and the Trustee and remitted to shall notify the Servicer (except with respect to all income or other gain of any loss resulting from investment earned on such investments. The Servicer shall remit the Business Day immediately preceding a Distribution Dateamount of any such loss from its own funds, which amounts shall be retained by the Trustee). Any investment losses on amounts held in the Certificate Account shallwithout reimbursement therefor, promptly upon realization of such loss, be contributed by the Servicer to the Trustee for deposit in the Certificate AccountAccount from which the related funds were withdrawn for investment by the next Determination Date following receipt by the Servicer of such notice.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Money Store Home Equity Corp)
Investment of Accounts. (a) Consistent with any requirements of the Code, all or a portion of any Account held by the Indenture Trustee for the benefit of the Owners may (i) remain uninvested or (ii) shall be invested and reinvested by the Indenture Trustee in the name of the Issuer for the benefit of the Owners, as directed in writing by the Servicer in the name of the Trustee for the benefit of the Owners Seller, in one or more Eligible Investments bearing interest or sold at a discount. The bank serving as Indenture Trustee or any Affiliate affiliate thereof may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No investment in any Account shall mature later than the Business Day immediately preceding the next Distribution Payment Date. Amounts held in the Certificate Account shall be invested in Eligible Investments, which Eligible Investments shall mature no later than the Business Day preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for which the Trustee or any Affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following Distribution Date.60
(b) If any amounts are needed for disbursement from any Account held by the Indenture Trustee and sufficient uninvested funds are not available to make such disbursement, the Indenture Trustee shall cause to be sold or otherwise converted to cash as directed in writing by the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursement.
(c) Subject to Section 9.01 hereof, the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in any Account held by the Indenture Trustee resulting from any loss on any Eligible Investment included therein (except to the extent that the bank serving as Indenture Trustee is the obligor thereon).
(d) The Indenture Trustee shall invest and reinvest funds in the Accounts held by the Indenture Trustee, in accordance with the written instructions delivered to the Indenture Trustee on the Startup Day, but only in one or more Eligible Investments bearing interest or sold at a discount. If the Seller shall have failed to give investment directions to the Indenture Trustee then the Indenture Trustee shall invest in money market funds described in Section 6.07(j) to be redeemable without penalty no later than the Business Day immediately preceding the next Payment Date.
(e) All income or other gain from investment investments in the Certificate any Account held by the Indenture Trustee shall be withdrawn by the Trustee deposited in such Account immediately on receipt, and remitted any loss resulting from such investments shall be charged to such Account, as appropriate, subject to the requirement of Section 7.08(b) that the Servicer (except with respect contribute funds in an amount equal to all such loss in the case of the Principal and Interest Account. For federal income or other gain from investment earned tax purposes, the earnings on the Business Day immediately preceding a Distribution Date, which amounts Capitalized Interest Account and Pre- Funding Account shall be retained by treated as income of the Trustee). Any investment losses on amounts held in the Certificate Account shall, promptly upon realization of such loss, be contributed by the Servicer to the Trustee for deposit in the Certificate AccountSeller.
Appears in 1 contract
Samples: Indenture (Imc Securities Inc)
Investment of Accounts. (a) Consistent with any requirements of the Code, all or a portion of any the Distribution Account held by the Trustee for the benefit of the Owners may (i) remain uninvested or (ii) shall be invested and reinvested by the Trustee as directed in writing by the Servicer in the name of the Trustee for the benefit of the Owners Owners, as directed in writing by the Depositor, in one or more Eligible Investments bearing interest or sold at a discount. If the Depositor shall have failed to give investment directions to the Trustee then the Trustee shall invest in money market funds described in Section 7.07(i); to be redeemable without penalty no later than the Business Day immediately preceding the next Distribution Date. The bank serving as Trustee or any Affiliate affiliate thereof may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No investment in any Account shall mature later than the Business Day immediately preceding the next Distribution Date. Amounts held in the Certificate Account shall be invested in Eligible Investments, which Eligible Investments shall mature no later than the Business Day preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for which the Trustee or any Affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following Distribution Date.
(b) If any amounts are needed for disbursement from any Account held by the Trustee and sufficient uninvested funds are not available to make such disbursement, the Trustee shall cause to be sold or otherwise converted to cash as directed in writing by the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursement.
(c) Subject to Section 10.01 hereof, the Trustee shall not in any way be held liable by reason of any insufficiency in any Account held by the Trustee resulting from any loss on any Eligible Investment included therein (except to the extent that the bank serving as Trustee is the obligor thereon).
(d) All income or other gain from investment investments in the Certificate any Account held by the Trustee shall be withdrawn by the Trustee deposited in such Account immediately on receipt, and remitted any loss resulting from such investments shall be charged to such Account, as appropriate, subject to the provisions of Section 8.08(b) requiring that the Master Servicer (except contribute funds in an amount equal to such loss in the case of the Collection Account and permitting the Master Servicer to retain all income or gain with respect to all income or other gain from investment earned on the Business Day immediately preceding a Distribution Date, which amounts shall be retained by the Trustee). Any investment losses on amounts held investments of funds in the Certificate Account shall, promptly upon realization of such loss, be contributed by the Servicer to the Trustee for deposit in the Certificate Collection Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Block Mortgage Finance Inc)
Investment of Accounts. (a) Consistent with any requirements of the Code, all or a portion of any Account held by the Trustee for the benefit of the Owners may (i) remain uninvested or (ii) be invested and reinvested by the Trustee as directed in writing by the Servicer in the name of the Trustee for the benefit of the Owners and the Certificate Insurer in one or more Eligible Investments bearing interest or sold at a discount. The bank serving as Trustee or any Affiliate affiliate thereof may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No investment in any Account shall mature later than the Business Day immediately preceding the next Distribution Date or, with respect to the Principal and Interest Account, no later than the Business Day immediately preceding the Monthly Remittance Date. Amounts held in the Certificate Account shall be invested in Eligible InvestmentsInvestments described in clause (h) of Section 7.07, which Eligible Investments shall mature no later than the Business Day preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for which the Trustee or any Affiliate affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following Distribution Date.
(b) If any amounts are needed for disbursement from any Account held by the Trustee and sufficient uninvested funds are not available to make such disbursement, the Trustee shall cause to be sold or otherwise converted to cash as directed in writing by the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursement.
(c) All income or other gain from investment in the Certificate Account held by the Trustee shall be withdrawn by treated as Available Funds and Total Available Funds, pro rata, among the Trustee and remitted to the Servicer (except with respect to all income or other gain from investment earned on the Business Day immediately preceding a Distribution Date, which amounts shall be retained by the Trustee). Any investment losses on amounts held in the Certificate Account shall, promptly upon realization of such loss, be contributed by the Servicer to the Trustee for deposit in the Certificate AccountGroups.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Asset Backed Sec Corp Home Equity Loan Tr 1999-Lb1)
Investment of Accounts. (a) Consistent with any requirements of the Code, all or a portion of any Account held by the Grantor Trustee for the benefit of the Owners may (i) remain uninvested or (ii) and the Certificate Insurer shall be invested and reinvested by the Grantor Trustee as directed in writing by the Servicer in the name of the Grantor Trustee for the benefit of the Owners and the Certificate Insurer, as directed in writing by the Depositor, in one or more Eligible Investments bearing interest or sold at a discount; provided that the proceeds of the Certificate Insurance Policy shall not be so invested. The bank serving as Grantor Trustee or any Affiliate affiliate thereof may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No investment in any Account shall mature later than the Business Day immediately preceding the next Distribution Date. Amounts held in the Certificate Account shall be invested in Eligible Investments, which Eligible Investments shall mature no later than the Business Day preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for which the Trustee or any Affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following Distribution Payment Date.
(b) If any amounts are needed for disbursement from any Account held by the Grantor Trustee and sufficient uninvested funds are not available to make such disbursement, the Grantor Trustee shall cause to be sold or otherwise converted to cash as directed in writing by the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursement.
(c) Subject to Section 10.01 hereof, the Grantor Trustee shall not in any way be held liable by reason of any insufficiency in any Account held by the Grantor Trustee resulting from any loss on any Eligible Investment included therein (except to the extent that the bank serving as Grantor Trustee is the obligor thereon).
(d) The Grantor Trustee shall invest and reinvest funds in the Accounts held by the Grantor Trustee, in accordance with the written instructions delivered to the Grantor Trustee on the Startup Day, but only in one or more Eligible Investments bearing interest or sold at a discount. If the Depositor shall have failed to give investment directions to the Grantor Trustee then the Grantor Trustee shall invest in money market funds described in Section 7.07(g); to be redeemable without penalty no later than the Business Day immediately preceding the next Payment Date.
(e) All income or other gain from investment investments in the Certificate any Account held by the Grantor Trustee shall be withdrawn by for the Trustee account of the Servicer and remitted shall be distributed to the Servicer (except with respect immediately prior to all income or other gain from investment earned any distribution under Section 7.03 hereof on the Business Day immediately preceding a Distribution any Payment Date, which amounts and any loss resulting from such investments shall be retained by for the Trustee). Any investment losses on amounts held in account of the Certificate Account shall, Servicer and promptly upon the realization of such loss, be contributed by loss the Servicer contribute funds in an amount equal to the Trustee for deposit in the Certificate such loss to such Account.
Appears in 1 contract
Samples: Grantor Trust Agreement (Contisecurities Asset Funding Corp)
Investment of Accounts. (a) Consistent with any requirements of the Code, all or a portion of any Account held by the Indenture Trustee for the benefit of the Owners may (i) remain uninvested or (ii) shall be invested and reinvested by the Indenture Trustee in trust for the benefit of the Owners and the Note Insurer, as directed in writing by the Servicer in the name of the Trustee for the benefit of the Owners Seller, in one or more Eligible Investments bearing interest or sold at a discount. The bank serving as Indenture Trustee or any Affiliate affiliate thereof may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No investment in any Account shall mature later than the Business Day immediately preceding the next Distribution Date. Amounts held in the Certificate Account shall be invested in Eligible Investments, which Eligible Investments shall mature no later than the Business Day preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for which the Trustee or any Affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following Distribution Payment Date.
(b) If any amounts are needed for disbursement from any Account held by the Indenture Trustee and sufficient uninvested funds are not available to make such disbursement, the Indenture Trustee shall cause to be sold or otherwise converted to cash as directed in writing by the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursement.
(c) All income or other gain from investment Subject to the terms of the Indenture, the Indenture Trustee shall not in the Certificate any way be held liable by reason of any insufficiency in any Account held by the Indenture Trustee resulting from any loss on any Eligible Investment included therein (except to the extent that the bank serving as Indenture Trustee is the obligor thereon).
(d) The Indenture Trustee shall be withdrawn invest and reinvest funds in the Accounts held by the Trustee and remitted Indenture Trustee, in accordance with the written instructions delivered to the Servicer (except with respect to all income or other gain from investment earned Indenture Trustee on the Business Day immediately preceding a Distribution Closing Date, which amounts shall be retained by the Trustee). Any investment losses on amounts held but only in the Certificate Account shall, promptly upon realization of such loss, be contributed by the Servicer to the Trustee for deposit in the Certificate Accountone or more Eligible Investments bearing interest or sold at a discount.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Imc Home Equity Loan Owner Trust 1997-6)
Investment of Accounts. (a) Consistent with any requirements of the Code, all or a portion of any Investment Account held by the Trustee for the benefit of the Owners may (i) remain uninvested or (ii) shall be invested and reinvested by in the Trustee name of the Trust Fund, as directed in writing by the Servicer in the name of the Trustee for the benefit of the Owners Depositor, in one or more Eligible Investments bearing interest or sold at a discount. The bank serving as Trustee or any Affiliate thereof and a Paying Agent (in each case acting in its commercial capacity) may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No Except as otherwise provided in this Section 4.03, no investment in any Investment Account shall mature later than the Business Day immediately preceding the next Distribution Date. Amounts held If the Depositor shall fail to give investment directions to the Trustee then the Trustee shall invest in the Certificate Account shall money market funds described in Section 4.05(j) to be invested in Eligible Investments, which Eligible Investments shall mature redeemable without penalty no later than the Business Day immediately preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for which the Trustee or any Affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following next Distribution Date.
(b) . If any amounts are needed for disbursement from any Investment Account held by the Trustee or the Paying Agent and sufficient uninvested funds are not available to make such disbursement, the Trustee or the Paying Agent shall cause to be sold or otherwise converted to cash as directed in writing by the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursement. The Trustee and the Paying Agent shall have no liability for any loss incurred in connection with any investment or any sale or liquidation thereof, or for any insufficiency in any Investment Account, except for any such loss or insufficiency caused by its own negligence or willful misconduct.
(ci) All income If the Collection Account is an Investment Account, then all funds therein shall be held (i) uninvested up to the amount insured by the FDIC or other gain from investment (ii) invested in Eligible Investments. Any investments of funds in the Certificate Collection Account shall mature or be withdrawable at par on or prior to the immediately succeeding Deposit Date. Any investment earnings on funds held in the Collection Account shall be for the account of the Servicer and may only be withdrawn from the Collection Account by the Trustee shall be withdrawn by Servicer immediately following the Trustee and remitted to remittance of the Servicer (except with respect to all income or other gain from investment earned on the Business Day immediately preceding a Distribution Date, which amounts shall be retained by the Trustee)Monthly Deposit Amount. Any investment losses on amounts funds held in the Certificate Collection Account shall, shall be for the account of the Servicer and promptly upon the realization of such loss, loss shall be contributed by the Servicer to the Collection Account. Any references herein to amounts on deposit in the Collection Account shall refer to amounts net of investment earnings.
(ii) If the Certificate Account is an Investment Account, then funds therein shall be invested and reinvested by the Trustee for deposit at the Depositor’s written direction in one or more Eligible Investments bearing interest or sold at discount. No investment of any amount held in the Certificate Account may mature later than the Business Day immediately preceding the next Distribution Date; provided, however, that investments (including repurchase agreements) on which the Trustee or the Paying Agent, in its commercial capacity, is the obligor, may mature on a Distribution Date. All income from investment of moneys deposited in the Certificate Account, and all proceeds of disposition of any assets in the Certificate Account, shall be deposited in the Certificate Account immediately upon receipt, and any loss resulting from such investment shall be charged to the Certificate Account.
(c) The Depositor will not direct the Trustee or the Paying Agent to make any investment of any funds or to sell any investment held in an Investment Account except under the following terms and conditions:
(i) each such investment shall be made in the name of the Trustee (in its capacity as such) or in the name of a Qualified Nominee of the Trustee; and
(ii) each such investment shall be a “cash flow investment” as defined in Code Section 860G(a)(6).
(d) Generally, no Eligible Investment shall be disposed of prior to its maturity; provided, however, if any amounts are needed for disbursement from an Investment Account and sufficient uninvested funds are not available therein to make such disbursement, in the absence of a Depositor Order for the liquidation of investments held therein in an amount sufficient to provide the required funds, the Trustee or the Paying Agent shall cause to be sold or otherwise converted to cash a sufficient amount of the investments in such Investment Account; provided, further, however, that prior to any such sale or conversion to cash, the Trustee or the Paying Agent shall have received (i) an Opinion of Counsel that such sale or conversion to cash shall not constitute a “prohibited transaction” under Code Section 860F(a), or (ii) (a) if such sale or conversion to cash constitutes such a “prohibited transaction”, the consent of the Holders of 100% Percentage Interest of the Residual Certificates to the prohibited transaction together with each such Holder’s proportionate share of any tax imposed on the Trust Fund attributable to such transaction and (b) an Opinion of Counsel that such transaction will not disqualify any Constituent REMIC as a REMIC.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citicorp Residential Mortgage Securities, Inc.)
Investment of Accounts. (a) Consistent Except as provided below, consistent with any requirements of the Code, all or a portion of any Account held by the Trustee for the benefit of the Owners may (i) remain uninvested or (ii) shall be invested and reinvested by the Trustee as directed in writing by the Servicer in the name of the Trustee for the benefit of the Owners Owners, as directed in writing by the party who benefits from such investment, which shall be the Servicer or the Special Servicer in the case of the related Principal and Interest Account, in one or more Eligible Investments bearing interest or sold at a discount. The earnings on each Principal and Interest Account are payable to the Servicer or the Special Servicer as additional compensation for the performance of their duties as Servicer and Special Servicer, respectively. Earnings on the Certificate Account are payable to the Trustee as additional compensation for the performance of its duties as Trustee. The bank serving as Trustee or any Affiliate affiliate thereof may be the obligor obligor, manager or advisor on any investment which otherwise qualifies as an Eligible Investment. No investment in any Account shall mature later than the Business Day immediately preceding the next Distribution Payment Date unless such investment is an obligation of the Trustee or is a fund for which the Trustee or any affiliate of the Trustee is a manager or advisor, in which case such investment may mature not later than the next Payment Date. Amounts held If the Depositor shall have failed to give investment directions to the Trustee then the Trustee shall invest the funds in the Certificate Account shall such Accounts in money market funds described in Section 7.07(k) to be invested in Eligible Investments, which Eligible Investments shall mature redeemable without penalty no later than the Business Day immediately preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for which the Trustee or any Affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following Distribution next Payment Date.
(b) If Subject to Section 10.01 hereof, the Trustee shall not in any amounts are needed for disbursement from way be held liable by reason of any insufficiency in any Account held by the Trustee and sufficient uninvested funds are not available resulting from any loss on any Eligible Investment included therein (except to make such disbursement, the extent that the bank serving as Trustee shall cause to be sold or otherwise converted to cash as directed is the obligor in writing by the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursementits corporate capacity thereon).
(c) All income or other gain from investment investments in the Certificate any Account held by the Trustee shall be withdrawn by deposited in such Account immediately on receipt (other than the Trustee Principal and remitted to the Servicer (except with respect to all Interest Accounts, which income or other gain from investment earned on gains shall be retained by the Business Day immediately preceding a Distribution Daterelated Servicer and the Certificate Account, which amounts income or other gains shall be retained by the Trustee). Any investment losses on amounts held , and any loss resulting from such investments shall be charged to such Account, provided that the related Servicer and the Trustee shall each contribute funds in an amount equal to such loss in the Certificate case of the Principal and Interest Account shall, promptly upon realization of such loss, be contributed by the Servicer to the Trustee for deposit in and the Certificate Account, respectively.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Amresco Residential Secs Corp Mort Loan Trust 1998-3)
Investment of Accounts. (a) Consistent with any requirements of the Code, all or a portion of any Account held by the Trustee for the benefit of the Owners may (i) remain uninvested or (ii) and the Certificate Insurer shall be invested and reinvested by the Trustee in the name of the Trust for the benefit of the Owners and the Certificate Insurer, as directed in writing by the Servicer in the name of the Trustee for the benefit of the Owners Seller, in one or more Eligible Investments bearing interest or sold at a discount. The bank serving as Trustee or any Affiliate affiliate thereof may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No investment in any Account shall mature later than the Business Day immediately preceding the next Distribution Date. Amounts held in the Certificate Account shall be invested in Eligible Investments, which Eligible Investments shall mature no later than the Business Day preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for which the Trustee or any Affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following Distribution Payment Date.
(b) If any amounts are needed for disbursement from any Account held by the Trustee and sufficient uninvested funds are not available to make such disbursement, the Trustee shall cause to be sold or otherwise converted to cash as directed in writing by the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursement.
(c) Subject to Section 10.01 hereof, the Trustee shall not in any way be held liable by reason of any insufficiency in any Account held by the Trustee resulting from any loss on any Eligible Investment included therein (except to the extent that the bank serving as Trustee is the obligor thereon).
(d) The Trustee shall invest and reinvest funds in the Accounts held by the Trustee, in accordance with the written instructions delivered to the Trustee on the Startup Day, but only in one or more Eligible Investments bearing interest or sold at a discount. If the Seller shall have failed to give investment directions to the Trustee then the Trustee shall invest in money market funds described in Section 7.07(j) to be redeemable without penalty no later than the Business Day immediately preceding the next Payment Date.
(e) All income or other gain from investment investments in any Account (other than the Certificate Account Pre-Funding Account) held by the Trustee shall be withdrawn by the Trustee deposited in such Account immediately on receipt, and remitted any loss resulting from such investments shall be charged to such Account, as appropriate, subject to the requirement of Section 8.08(b) that the Servicer (except with respect contribute funds in an amount equal to all such loss in the case of the Principal and Interest Account. For federal income or other gain from investment earned tax purposes, the earnings on the Business Day immediately preceding a Distribution Date, which amounts Capitalized Interest Account and Pre-Funding Account shall be retained by treated as income of the Trustee). Any investment losses on amounts held in the Certificate Account shall, promptly upon realization of such loss, be contributed by the Servicer to the Trustee for deposit in the Certificate AccountSeller.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1998-3)
Investment of Accounts. (a) Consistent with any requirements of the Code, all or a portion of any Account held by the Indenture Trustee for the benefit of the Owners may (i) remain uninvested or (ii) shall be invested and reinvested by the Indenture Trustee in trust for the benefit of the Owners and the Note Insurer, as directed in writing by the Servicer in the name of the Trustee for the benefit of the Owners Seller, in one or more Eligible Investments bearing interest or sold at a discount. The bank serving as Indenture Trustee or any Affiliate affiliate thereof may be the obligor on any investment which otherwise qualifies as an Eligible Investment. No investment in any Account shall mature later than the Business Day immediately preceding the next Distribution Date. Amounts held in the Certificate Account shall be invested in Eligible Investments, which Eligible Investments shall mature no later than the Business Day preceding the immediately following Distribution Date or, if such Eligible Investments are an obligation of the Trustee or are money market funds for which the Trustee or any Affiliate is the manager or the adviser, such Eligible Investments shall mature no later than the following Distribution Payment Date.
(b) If any amounts are needed for disbursement from any Account held by the Indenture Trustee and sufficient uninvested funds are not available to make such disbursement, the Indenture Trustee shall cause to be sold or otherwise converted to cash as directed in writing by the Servicer a sufficient amount of the investments in such Account. No investments will be liquidated prior to maturity unless the proceeds thereof are needed for disbursement. 39
(c) Subject to the terms of the Indenture, the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in any Account held by the Indenture Trustee resulting from any loss on any Eligible Investment included therein (except to the extent that the bank serving as Indenture Trustee is the obligor thereon).
(cd) The Indenture Trustee shall invest and reinvest funds in the Accounts held by the Indenture Trustee, in accordance with the written instructions delivered to the Indenture Trustee on the Closing Date, but only in one or more Eligible Investments bearing interest or sold at a discount. If the Seller shall have failed to give investment directions to the Indenture Trustee then the Indenture Trustee shall invest in money market funds described in Section 3.07(j) to be redeemable without penalty no later than the Business Day immediately preceding the next Payment Date.
(e) All income or other gain from investment investments in the Certificate any Account held by the Indenture Trustee shall be withdrawn by the Trustee deposited in such Account immediately on receipt, and remitted any loss resulting from such investments shall be charged to such Account, as appropriate, subject to the requirement of Section 4.08(b) that the Servicer (except with respect contribute funds in an amount equal to all income or other gain from investment earned on the Business Day immediately preceding a Distribution Date, which amounts shall be retained by the Trustee). Any investment losses on amounts held such loss in the Certificate Account shall, promptly upon realization case of such loss, be contributed by the Servicer to the Trustee for deposit in the Certificate Principal and Interest Account.
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