Common use of Limitation on Events of Default Clause in Contracts

Limitation on Events of Default. Notwithstanding the terms of Sections 5 and 6 of the Master Agreement, if at any time and so long as the Party B has satisfied in full all its payment obligations under Section 2(a)(i) of the Master Agreement and has at the time no future payment obligations, whether absolute or contingent, under such Section, then unless Party A is required pursuant to appropriate proceedings to return to the Party B or otherwise returns to the Party B upon demand of the Party B any portion of any such payment, (a) the occurrence of an event described in Section 5(a) of the Master Agreement with respect to the Party B shall not constitute an Event of Default or Potential Event of Default with respect to the Party B as Defaulting Party and (b) Party A shall be entitled to designate an Early Termination Date pursuant to Section 6 of the Master Agreement only as a result of the occurrence of a Termination Event set forth in either Section 5(b)(i) or 5(b)(ii) of the Master Agreement with respect to Party A as the Affected Party, or Section 5(b)(iii) with respect to Party A as the Burdened Party. For purposes of the Transaction to which this Agreement relates, Party B's only obligation under Section 2(a)(i) of the Master Agreement is to pay the Fixed Amount on the Fixed Rate Payer Payment Date. Financial Markets 200 Xxxxxxxxxxx Xxxxxx XX0X 0XX Memorandum July 25, 2006 To: HSBC Bank USA, National Association, not in its individual capacity, but solely as Trustee for the ACE Securities Corp. Home Equity Loan Trust, Series 2000-XX0, Xxxxx Backed Pass-Through Certificates ("Party B") 400 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Corporate Trust & Loan Agency Tel: 200-000-0000 Fax: 200-000-0000 E-Mail: fxxxxxxx.xxxxxxx@xx.xxxx.xxx Copy To: Wxxxx Fargo Bank, National Association 9000 Xxx Xxxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00000 Tel: 400-000-0000 Attn: Client Manager, ACE 2006-CW1 Fax: 400-000-0000 From: The Royal Bank of Scotland plc ("Party A") c/o RBS Financial Markets Level 7,135 Bxxxxxxxxxx Xxxxxx XX0X 0XX Attn: Head of Legal, Financial Markets Tel: 40 000 000 0000 Fax: 40 000 000 0000 Copy To: Greenwich Capital Markets, Inc. 600 Xxxxxxxxx Xxxx Xxxxxxxxx, XX 00000 Attn: Legal Department - Derivatives Documentation Tel.: 200-000-0000 Fax: 200-000-0000/34 Our Reference Number: IRG16043905 Dear Sir or Madam: The purpose of this letter agreement is to confirm the terms and conditions of the Transaction entered into between Party A and HSBC Bank USA, National Association as trustee of the ACE Securities Corp. Home Equity Loan Trust, Series 2000-XX0 Xxxxx Backed Pass-Through Certificates (the "Trustee" and the "Trust", respectively) under the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated and effective as of July 1, 2006, among Ace Securities Corp., as Depositor, Countrywide Home Loans Servicing LP, as Servicer, Wxxxx Fargo Bank, National Association, as Master Servicer and Securities Administrator and the Trustee (each a "party" and together "the parties") on the Trade Date specified below (the "Transaction"). This letter agreement (the "Agreement") constitutes the sole and complete "Confirmation", as referred to in the Master Agreement (as defined below). The definitions and provisions contained in the 2000 ISDA Definitions (the "Definitions") as published by the International Swaps and Derivatives Association, Inc., ("ISDA") are incorporated into this Confirmation. This Confirmation will be governed by and subject to the terms and conditions which would be applicable if, prior to the Trade Date, the parties had executed and delivered an ISDA Master Agreement (Multicurrency-Cross Border), in the form published by ISDA in 1992 (the "Master Agreement") (but without any Schedule except for the elections noted in Schedule B hereto). In the event of any inconsistency between the provisions of the Master Agreement and this Confirmation, this Confirmation will govern. Terms capitalized but not defined herein or in the Definitions incorporated herein shall have the respective meanings attributed to them in the Pooling and Servicing Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Cw1), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Cw1)

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Limitation on Events of Default. Notwithstanding the terms of Sections 5 and 6 of the Master Agreement, if at any time and so long as the Party B has satisfied in full all its payment obligations under Section 2(a)(i) of the Master Agreement and has at the time no future payment obligations, whether absolute or contingent, under such Section, then unless Party A is required pursuant to appropriate proceedings to return to the Party B or otherwise returns to the Party B upon demand of the Party B any portion of any such payment, (a) the occurrence of an event described in Section 5(a) of the Master Agreement with respect to the Party B shall not constitute an Event of Default or Potential Event of Default with respect to the Party B as Defaulting Party and (b) Party A shall be entitled to designate an Early Termination Date pursuant to Section 6 of the Master Agreement only as a result of the occurrence of a Termination Event set forth in either Section 5(b)(i) or 5(b)(ii) of the Master Agreement with respect to Party A as the Affected Party, or Section 5(b)(iii) with respect to Party A as the Burdened Party. For purposes of the Transaction to which this Agreement relates, Party B's only obligation under Section 2(a)(i) of the Master Agreement is to pay the Fixed Amount on the Fixed Rate Payer Payment Date. Financial Markets 200 Xxxxxxxxxxx Xxxxxx XX0X 0XX Memorandum EXHIBIT K ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT This Assignment, Assumption and Recognition Agreement (the “AAR Agreement”) is made and entered into as of July 25, 2006 To: HSBC Bank USA(the “Closing Date”), National Associationamong DB Structured Products, not in its individual capacityInc., but solely as Trustee for the ACE Securities Corp. Home Equity Loan Trusthaving an address at 60 Xxxx Xxxxxx, Series 2000-XX0, Xxxxx Backed Pass-Through Certificates ("Party B") 400 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Corporate Trust & Loan Agency Tel: 200-000-0000 Fax: 200-000-0000 E-Mail: fxxxxxxx.xxxxxxx@xx.xxxx.xxx Copy To: Wxxxx Fargo Bank, National Association 9000 Xxx Xxxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00000 Tel: 400-000-0000 Attn: Client Manager(the “Assignor”), ACE 2006-CW1 Fax: 400-000-0000 From: The Royal Bank of Scotland plc ("Party A") c/o RBS Financial Markets Level 7,135 Bxxxxxxxxxx Xxxxxx XX0X 0XX Attn: Head of Legal, Financial Markets Tel: 40 000 000 0000 Fax: 40 000 000 0000 Copy To: Greenwich Capital Markets, Inc. 600 Xxxxxxxxx Xxxx Xxxxxxxxx, XX 00000 Attn: Legal Department - Derivatives Documentation Tel.: 200-000-0000 Fax: 200-000-0000/34 Our Reference Number: IRG16043905 Dear Sir or Madam: The purpose of this letter agreement is to confirm the terms and conditions of the Transaction entered into between Party A and HSBC Bank USA, National Association as trustee of the ACE Securities Corp. Home Equity Loan Trust, Series 2000-XX0 Xxxxx Backed Pass-Through Certificates (the "Trustee" and the "Trust", respectively) under the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated and effective as of July 1, 2006, among Ace Securities Corp., as Depositorhaving an address at 6000 Xxxxxxxxx Xxxxxxxxx, Charlotte, North Carolina 28211 (the “Assignee”), Countrywide Home Loans Servicing LP, as Servicerhaving an address at 400 Xxxxxxxxxxx Xxx, Wxxxx Fargo BankXxxx Xxxxxx, National Association, as Master Servicer and Securities Administrator and the Trustee (each a "party" and together "the parties") on the Trade Date specified below Xxxxxxxxxx 00000 (the "Transaction"). This letter agreement (the "Agreement"“Servicer”) constitutes the sole and complete "Confirmation", as referred to in the Master Agreement (as defined below). The definitions and provisions contained in the 2000 ISDA Definitions (the "Definitions") as published by the International Swaps and Derivatives AssociationCountrywide Home Loans, Inc., ("ISDA") are incorporated into this Confirmation. This Confirmation will be governed by and subject to the terms and conditions which would be applicable ifhaving an address at 4000 Xxxx Xxxxxxx, prior to the Trade DateXxxxxxxxx, the parties had executed and delivered an ISDA Master Agreement (Multicurrency-Cross Border), in the form published by ISDA in 1992 Xxxxxxxxxx 00000 (the "Master Agreement") (but without any Schedule except for the elections noted in Schedule B hereto“Company”). In the event of any inconsistency between the provisions of the Master Agreement and this Confirmation, this Confirmation will govern. Terms capitalized but not defined herein or in the Definitions incorporated herein shall have the respective meanings attributed to them in the Pooling and Servicing Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Cw1), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Cw1)

Limitation on Events of Default. Notwithstanding the terms provisions of Sections 5 and 6 of the Master this Agreement, if at any time and so long as the Party B has satisfied in full all its payment obligations under Section 2(a)(i) of this Agreement in respect of the Master Agreement transaction with the reference numbers 37536063 and 37536083 (each, a “Cap Transaction”) and has at the time no future payment obligations, whether absolute or contingent, under such SectionSection in respect of such Cap Transaction, then unless Party A is required pursuant to appropriate proceedings to return to the Party B or otherwise returns to the Party B upon demand of the Party B any portion of any such paymentpayment in respect of such Cap Transaction, (a) the occurrence of an event described in Section 5(a) of the Master this Agreement with respect to the Party B shall not constitute an Event of Default or Potential Event of Default with respect to the Party B as Defaulting Party in respect of such Cap Transaction and (b) Party A shall be entitled to designate an Early Termination Date pursuant to Section 6 in respect of the Master Agreement such Cap Transaction only as a result of the occurrence of a Termination Event set forth in either Section 5(b)(i) or 5(b)(ii) of the Master this Agreement with respect to Party A as the Affected Party, or Section 5(b)(iii) of this Agreement with respect to Party A as the Burdened Party. For purposes of each Transaction identified by the Transaction to which this Agreement relatesreference numbers 37536063 and 37536083, Party A acknowledges and agrees that Party B's ’s only obligation under Section 2(a)(i) of the Master this Agreement in respect of each Cap Transaction is to pay the related Fixed Amount on the related Fixed Rate Amount Payer Payment Date. Financial Markets 200 Xxxxxxxxxxx Xxxxxx XX0X 0XX Memorandum July 25[signatures follow] The parties executing this Schedule have executed the Master Agreement and have agreed as to the contents of this Schedule. UBS XX XXXXX FARGO BANK, 2006 To: HSBC Bank USA, National AssociationNATIONAL ASSOCIATION, not in its individual capacityindividually, but solely as Trustee for trust administrator with respect to the ACE MASTR Asset Backed Securities Corp. Home Equity Loan TrustTrust 2006-HE5, Mortgage Pass Through Certificates, Series 2000-XX0, Xxxxx Backed Pass-Through Certificates ("Party B") 400 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Corporate Trust & Loan Agency Tel: 200-000-0000 Fax: 200-000-0000 E-Mail: fxxxxxxx.xxxxxxx@xx.xxxx.xxx Copy To: Wxxxx Fargo Bank, National Association 9000 Xxx Xxxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00000 Tel: 400-000-0000 Attn: Client Manager, ACE 2006-CW1 FaxHE5 By:______________________________ By:______________________________ Name: 400-000-0000 FromName: The Royal Bank of Scotland plc ("Party A") c/o RBS Financial Markets Level 7,135 Bxxxxxxxxxx Xxxxxx XX0X 0XX AttnTitle: Head of Legal, Financial Markets TelTitle: 40 000 000 0000 FaxBy:________________________________ Name: 40 000 000 0000 Copy ToTitle: Greenwich Capital Markets, Inc. 600 Xxxxxxxxx Xxxx Xxxxxxxxx, XX 00000 Attn: Legal Department - Derivatives Documentation Tel.: 200-000-0000 Fax: 200-000-0000/34 Our Reference Number: IRG16043905 Dear Sir or Madam: The purpose of this letter agreement is to confirm the terms and conditions of the Transaction entered into between Party A and HSBC Bank USA, National Association as trustee of the ACE Securities Corp. Home Equity Loan Trust, Series 2000-XX0 Xxxxx Backed Pass-Through Certificates (the "Trustee" and the "Trust", respectively) under the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated and effective as of July 1, 2006, among Ace Securities Corp., as Depositor, Countrywide Home Loans Servicing LP, as Servicer, Wxxxx Fargo Bank, National Association, as Master Servicer and Securities Administrator and the Trustee (each a "party" and together "the parties") on the Trade Date specified below (the "Transaction"). This letter agreement (the "Agreement") constitutes the sole and complete "Confirmation", as referred to in the Master Agreement (as defined below). The definitions and provisions contained in the 2000 ISDA Definitions (the "Definitions") as published by the International Swaps and Derivatives Association, Inc., ("ISDA") are incorporated into this Confirmation. This Confirmation will be governed by and subject ® CREDIT SUPPORT ANNEX to the terms and conditions which would be applicable if, prior Schedule to the Trade Date, the parties had executed and delivered an ISDA Master Agreement dated as of December 28, 2006 between UBS AG (Multicurrencyhereinafter referred to as “Party A” or “Pledgor”) and XXXXX FARGO BANK, NATIONAL ASSOCIATION, not individually, but solely as trust administrator with respect to the MASTR Asset Backed Securities Trust 2006-Cross Border)HE5, in the form published by ISDA in 1992 Mortgage Pass Through Certificates, Series 2006-HE5 (the "Master Agreement"“Party B”) (but without any Schedule except for the elections noted in Schedule B heretohereinafter referred to as “Party B” or “Secured Party”). In the event of any inconsistency between the provisions of the Master Agreement and this Confirmation, this Confirmation will govern. Terms capitalized but not defined herein or in the Definitions incorporated herein shall have the respective meanings attributed to them in the Pooling and Servicing Agreement.

Appears in 1 contract

Samples: Assignment and Recognition Agreement (MASTR Asset Backed Securities Trust 2006-He5)

Limitation on Events of Default. Notwithstanding the terms of Sections 5 and 6 of the Master Agreement, if at any time and so long as the Party B has satisfied in full all its payment obligations under Section 2(a)(i) of the Master Agreement and has at the time no future payment obligations, whether absolute or contingent, under such Section, then unless Party A is required pursuant to appropriate proceedings to return to the Party B or otherwise returns to the Party B upon demand of the Party B any portion of any such payment, (a) the occurrence of an event described in Section 5(a) of the Master Agreement with respect to the Party B shall not constitute an Event of Default or Potential Event of Default with respect to the Party B as Defaulting Party and (b) Party A shall be entitled to designate an Early Termination Date pursuant to Section 6 of the Master Agreement only as a result of the occurrence of a Termination Event set forth in either Section 5(b)(i) or 5(b)(ii) of the Master Agreement with respect to Party A as the Affected Party, or Section 5(b)(iii) with respect to Party A as the Burdened Party. For purposes of the Transaction to which this Agreement relates, Party B's ’s only obligation under Section 2(a)(i) of the Master Agreement is to pay the Fixed Amount on the Fixed Rate Payer Payment Date. Financial Markets 200 Xxxxxxxxxxx Xxxxxx XX0X 0XX Memorandum July 25October 30, 2006 To: HSBC Bank USA, National Association, not in its individual capacity, but solely as Trustee for the ACE Securities Corp. Home Equity Loan Trust, Series 20002006-XX0FM2, Xxxxx Asset Backed Pass-Through Certificates ("Party B") 400 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Corporate Trust & Loan Agency Tel: 200-000-0000 Fax: 200-000-0000 E-Mail: fxxxxxxx.xxxxxxx@xx.xxxx.xxx Copy To: Wxxxx Fargo Bank, National Association 9000 Xxx Xxxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00000 Tel: 400-000-0000 Attn: Client Manager, ACE 2006-CW1 FM2 Fax: 400-000-0000 From: The Royal Bank of Scotland plc ("Party A") c/o RBS Financial Markets Level 7,135 Bxxxxxxxxxx 7, 000 Xxxxxxxxxxx Xxxxxx XX0X 0XX Attn: Head of Legal, Financial Markets Tel: 40 000 000 0000 Fax: 40 000 000 0000 Copy To: Greenwich Capital Markets, Inc. 600 Xxxxxxxxx Xxxx Xxxxxxxxx, XX 00000 Attn: Legal Department - Derivatives Documentation Tel.: 200-000-0000 Fax: 200-000-0000/34 Our Reference Number: IRG16043905 IRG16110812 Dear Sir or Madam: The purpose of this letter agreement is to confirm the terms and conditions of the Transaction entered into between Party A and HSBC Bank USA, National Association as trustee of the ACE Securities Corp. Home Equity Loan Trust, Series 20002006-XX0 Xxxxx FM2 Asset Backed Pass-Through Certificates (the "Trustee" and the "Trust", respectively) under the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated and effective as of July October 1, 2006, among Ace Securities Corp., as Depositor, Countrywide Home Loans Servicing LP, as Servicer, Wxxxx Fargo Bank, National Association, as Master Servicer and Securities Administrator and the Trustee (each a "party" and together "the parties") on the Trade Date specified below (the "Transaction"). This letter agreement (the "Agreement") constitutes the sole and complete "Confirmation", as referred to in the Master Agreement (as defined below). The definitions and provisions contained in the 2000 ISDA Definitions (the "Definitions") as published by the International Swaps and Derivatives Association, Inc., ("ISDA") are incorporated into this Confirmation. Any reference to a “Cap Transaction” in the Definitions is deemed to be a reference to a “Transaction” for purposes of this Agreement, and any reference to a “Transaction” in this Agreement is deemed to be a reference to a “Cap Transaction” for purposes of the Definitions. This Confirmation will be governed by and subject to the terms and conditions which would be applicable if, prior to the Trade Date, the parties had executed and delivered an ISDA Master Agreement (Multicurrency-Cross Border), in the form published by ISDA in 1992 (the "Master Agreement") (but without any Schedule except for the elections noted in Schedule B hereto). For the avoidance of doubt, the Transaction described herein shall be the sole Transaction governed by such Master Agreement. In the event of any inconsistency between the provisions of the Master Agreement and this Confirmation, this Confirmation will govern. Terms capitalized but not defined herein or in the Definitions incorporated herein shall have the respective meanings attributed to them in the Pooling and Servicing Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Fm2)

Limitation on Events of Default. Notwithstanding the terms of Sections 5 and 6 of the Master Agreement, if at any time and so long as the Party B has satisfied in full all its payment obligations under Section 2(a)(i) of the Master Agreement and has at the time no future payment obligations, whether absolute or contingent, under such Section, then unless Party A is required pursuant to appropriate proceedings to return to the Party B or otherwise returns to the Party B upon demand of the Party B any portion of any such payment, (a) the occurrence of an event described in Section 5(a) of the Master Agreement with respect to the Party B shall not constitute an Event of Default or Potential Event of Default with respect to the Party B as Defaulting Party and (b) Party A shall be entitled to designate an Early Termination Date pursuant to Section 6 of the Master Agreement only as a result of the occurrence of a Termination Event set forth in either Section 5(b)(i) or 5(b)(ii) of the Master Agreement with respect to Party A as the Affected Party, or Section 5(b)(iii) with respect to Party A as the Burdened Party. For purposes of the Transaction to which this Agreement relates, Party B's ’s only obligation under Section 2(a)(i) of the Master Agreement is to pay the Fixed Amount on the Fixed Rate Payer Payment Date. Financial Markets 200 Xxxxxxxxxxx Xxxxxx XX0X 0XX Memorandum July 25SCHEDULE 1 MORTGAGE LOAN SCHEDULE [PROVIDED UPON REQUEST] SCHEDULE 2 PREPAYMENT CHARGE SCHEDULE [PROVIDED UPON REQUEST] SCHEDULE 3 [RESERVED] SCHEDULE 4 STANDARD FILE LAYOUT - DELINQUENCY REPORTING AND REALIZED LOSSES AND GAINS Exhibit 1 : Standard File Layout - Delinquency Reporting Column Name Description Decimal Format Comment SER_INVESTOR_NBR A value assigned by the Servicer to define a group of loans. Text up to 10 digits LOAN_NBR A unique identifier assigned to each loan by the investor. Text up to 10 digits SERVICER_LOAN_NBR A unique number assigned to a loan by the Servicer. This may be different than the LOAN_NBR. Text up to 10 digits BORROWER_NAME The borrower name as received in the file. It is not separated by first and last name. Maximum length of 30 (Last, 2006 To: HSBC Bank USAFirst) SCHED_PAY_AMT Scheduled monthly principal and scheduled interest payment that a borrower is expected to pay, National Association, not in its individual capacity, but solely P&I constant. 2 No commas(,) or dollar signs ($) NOTE_INT_RATE The loan interest rate as Trustee reported by the Servicer. 4 Max length of 6 NET_INT_RATE The loan gross interest rate less the service fee rate as reported by the Servicer. 4 Max length of 6 SERV_FEE_RATE The servicer's fee rate for a loan as reported by the ACE Securities Corp. Home Equity Loan Trust, Series 2000-XX0, Xxxxx Backed Pass-Through Certificates Servicer. 4 Max length of 6 SERV_FEE_AMT The servicer's fee amount for a loan as reported by the Servicer. 2 No commas("Party B",) 400 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Corporate Trust & Loan Agency Tel: 200-000-0000 Fax: 200-000-0000 E-Mail: fxxxxxxx.xxxxxxx@xx.xxxx.xxx Copy To: Wxxxx Fargo Bank, National Association 9000 Xxx Xxxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00000 Tel: 400-000-0000 Attn: Client Manager, ACE 2006-CW1 Fax: 400-000-0000 From: or dollar signs ($) NEW_PAY_AMT The Royal Bank new loan payment amount as reported by the Servicer. 2 No commas(,) or dollar signs ($) NEW_LOAN_RATE The new loan rate as reported by the Servicer. 4 Max length of Scotland plc ("Party A") c/o RBS Financial Markets Level 7,135 Bxxxxxxxxxx Xxxxxx XX0X 0XX Attn: Head 6 ARM_INDEX_RATE The index the Servicer is using to calculate a forecasted rate. 4 Max length of Legal, Financial Markets Tel: 40 000 000 0000 Fax: 40 000 000 0000 Copy To: Greenwich Capital Markets, Inc. 600 Xxxxxxxxx Xxxx Xxxxxxxxx, XX 00000 Attn: Legal Department - Derivatives Documentation Tel.: 200-000-0000 Fax: 200-000-0000/34 Our Reference Number: IRG16043905 Dear Sir or Madam: 6 ACTL_BEG_PRIN_BAL The purpose of this letter agreement is to confirm borrower's actual principal balance at the terms and conditions beginning of the Transaction entered into between Party A and HSBC Bank USA, National Association as trustee processing cycle. 2 No commas(,) or dollar signs ($) ACTL_END_PRIN_BAL The borrower's actual principal balance at the end of the ACE Securities Corp. Home Equity Loan Trust, Series 2000-XX0 Xxxxx Backed Pass-Through Certificates processing cycle. 2 No commas(,) or dollar signs ($) BORR_NEXT_PAY_DUE_DATE The date at the "Trustee" and end of processing cycle that the "Trust", respectively) under borrower's next payment is due to the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated and effective as of July 1, 2006, among Ace Securities Corp.Servicer, as Depositor, Countrywide Home Loans Servicing LP, as reported by Servicer, Wxxxx Fargo Bank, National Association, as Master Servicer and Securities Administrator and . MM/DD/YYYY SERV_CURT_AMT_1 The first curtailment amount to be applied. 2 No commas(,) or dollar signs ($) SERV_CURT_DATE_1 The curtailment date associated with the Trustee (each a "party" and together "the parties") first curtailment amount. MM/DD/YYYY CURT_ADJ_ AMT_1 The curtailment interest on the Trade Date specified below first curtailment amount, if applicable. 2 No commas(,) or dollar signs ($) SERV_CURT_AMT_2 The second curtailment amount to be applied. 2 No commas(,) or dollar signs ($) SERV_CURT_DATE_2 The curtailment date associated with the second curtailment amount. MM/DD/YYYY CURT_ADJ_ AMT_2 The curtailment interest on the second curtailment amount, if applicable. 2 No commas(,) or dollar signs ($) SERV_CURT_AMT_3 The third curtailment amount to be applied. 2 No commas(,) or dollar signs ($) SERV_CURT_DATE_3 The curtailment date associated with the third curtailment amount. MM/DD/YYYY CURT_ADJ_AMT_3 The curtailment interest on the third curtailment amount, if applicable. 2 No commas(,) or dollar signs ($) PIF_AMT The loan "Transaction"). This letter agreement (the "Agreement") constitutes the sole and complete "Confirmation", paid in full" amount as referred to in the Master Agreement (as defined below). The definitions and provisions contained in the 2000 ISDA Definitions (the "Definitions") as published reported by the International Swaps and Derivatives AssociationServicer. 2 No commas(,) or dollar signs ($) PIF_DATE The paid in full date as reported by the Servicer. MM/DD/YYYY Action Code Key: 15=Bankruptcy, Inc.30=Foreclosure, ("ISDA") are incorporated into this Confirmation. This Confirmation will be governed by and subject , 60=PIF, 63=Substitution, 65=Repurchase,70=REO ACTION_CODE The standard FNMA numeric code used to indicate the terms and conditions which would be applicable if, prior to the Trade Date, the parties had executed and delivered an ISDA Master Agreement (Multicurrency-Cross Border), in the form published by ISDA in 1992 (the "Master Agreement") (but without any Schedule except for the elections noted in Schedule B hereto). In the event default/delinquent status of any inconsistency between the provisions of the Master Agreement and this Confirmation, this Confirmation will govern. Terms capitalized but not defined herein or in the Definitions incorporated herein shall have the respective meanings attributed to them in the Pooling and Servicing Agreementa particular loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Fm2)

Limitation on Events of Default. Notwithstanding the terms provisions of Sections 5 and 6 of the Master this Agreement, if at any time and so long as the Party B has satisfied in full all its payment obligations under Section 2(a)(i) of this Agreement in respect of the Master Agreement transaction with the reference numbers 37536063 and 37536083 (each, a “Cap Transaction”) and has at the time no future payment obligations, whether absolute or contingent, under such SectionSection in respect of such Cap Transaction, then unless Party A is required pursuant to appropriate proceedings to return to the Party B or otherwise returns to the Party B upon demand of the Party B any portion of any such paymentpayment in respect of such Cap Transaction, (a) the occurrence of an event described in Section 5(a) of the Master this Agreement with respect to the Party B shall not constitute an Event of Default or Potential Event of Default with respect to the Party B as Defaulting Party in respect of such Cap Transaction and (b) Party A shall be entitled to designate an Early Termination Date pursuant to Section 6 in respect of the Master Agreement such Cap Transaction only as a result of the occurrence of a Termination Event set forth in either Section 5(b)(i) or 5(b)(ii) of the Master this Agreement with respect to Party A as the Affected Party, or Section 5(b)(iii) of this Agreement with respect to Party A as the Burdened Party. For purposes of each Transaction identified by the Transaction to which this Agreement relatesreference numbers 37536063 and 37536083, Party A acknowledges and agrees that Party B's ’s only obligation under Section 2(a)(i) of the Master this Agreement in respect of each Cap Transaction is to pay the related Fixed Amount on the related Fixed Rate Amount Payer Payment Date. Financial Markets 200 Xxxxxxxxxxx Xxxxxx XX0X 0XX Memorandum July 25[signatures follow] The parties executing this Schedule have executed the Master Agreement and have agreed as to the contents of this Schedule. UBS AX XXXXX FARGO BANK, 2006 To: HSBC Bank USA, National AssociationNATIONAL ASSOCIATION, not in its individual capacityindividually, but solely as Trustee for trust administrator with respect to the ACE MASTR Asset Backed Securities Corp. Home Equity Loan TrustTrust 2006-NC3, Mortgage Pass Through Certificates, Series 2000-XX0, Xxxxx Backed Pass-Through Certificates ("Party B") 400 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Corporate Trust & Loan Agency Tel: 200-000-0000 Fax: 200-000-0000 E-Mail: fxxxxxxx.xxxxxxx@xx.xxxx.xxx Copy To: Wxxxx Fargo Bank, National Association 9000 Xxx Xxxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00000 Tel: 400-000-0000 Attn: Client Manager, ACE 2006-CW1 FaxNC3 By: 400-000-0000 FromBy: The Royal Bank of Scotland plc Name: Name: Title: Title: By: Name: Title: Execution Copy ("Party A"Cap) c/o RBS Financial Markets Level 7,135 Bxxxxxxxxxx Xxxxxx XX0X 0XX Attn: Head of Legal, Financial Markets Tel: 40 000 000 0000 Fax: 40 000 000 0000 Copy To: Greenwich Capital Markets, Inc. 600 Xxxxxxxxx Xxxx Xxxxxxxxx, XX 00000 Attn: Legal Department - Derivatives Documentation Tel.: 200-000-0000 Fax: 200-000-0000/34 Our Reference Number: IRG16043905 Dear Sir or Madam: The purpose of this letter agreement is to confirm the terms and conditions of the Transaction entered into between Party A and HSBC Bank USA, National Association as trustee of the ACE Securities Corp. Home Equity Loan Trust, Series 2000-XX0 Xxxxx Backed Pass-Through Certificates (the "Trustee" and the "Trust", respectively) under the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated and effective as of July 1, 2006, among Ace Securities Corp., as Depositor, Countrywide Home Loans Servicing LP, as Servicer, Wxxxx Fargo Bank, National Association, as Master Servicer and Securities Administrator and the Trustee (each a "party" and together "the parties") on the Trade Date specified below (the "Transaction"). This letter agreement (the "Agreement") constitutes the sole and complete "Confirmation", as referred to in the Master Agreement (as defined below). The definitions and provisions contained in the 2000 ISDA Definitions (the "Definitions") as published by the International Swaps and Derivatives Association, Inc., ("ISDA") are incorporated into this Confirmation. This Confirmation will be governed by and subject ® CREDIT SUPPORT ANNEX to the terms and conditions which would be applicable if, prior Schedule to the Trade Date, the parties had executed and delivered an ISDA Master Agreement dated as of December 28, 2006 between UBS AG (Multicurrencyhereinafter referred to as “Party A” or “Pledgor”) and WXXXX FARGO BANK, NATIONAL ASSOCIATION, not individually, but solely as trust administrator with respect to the MASTR Asset Backed Securities Trust 2006-Cross BorderNC3, Mortgage Pass Through Certificates, Series 2006-NC3 (“Party B”), in the form published by ISDA in 1992 (the "Master Agreement") (but without any Schedule except for the elections noted in Schedule B hereto). In the event of any inconsistency between the provisions of the Master Agreement and this Confirmation, this Confirmation will govern. Terms capitalized but not defined herein or in the Definitions incorporated herein shall have the respective meanings attributed to them in the Pooling and Servicing Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Nc3)

Limitation on Events of Default. Notwithstanding the terms provisions of Sections 5 and 6 of the Master this Agreement, if at any time and so long as the Party B has satisfied in full all its payment obligations under Section 2(a)(i) of this Agreement in respect of the Master Agreement transaction with the reference numbers37542085 and 37542087 (each, a “Cap Transaction”) and has at the time no future payment obligations, whether absolute or contingent, under such SectionSection in respect of such Cap Transaction, then unless Party A is required pursuant to appropriate proceedings to return to the Party B or otherwise returns to the Party B upon demand of the Party B any portion of any such paymentpayment in respect of such Cap Transaction, (a) the occurrence of an event described in Section 5(a) of the Master this Agreement with respect to the Party B shall not constitute an Event of Default or Potential Event of Default with respect to the Party B as Defaulting Party in respect of such Cap Transaction and (b) Party A shall be entitled to designate an Early Termination Date pursuant to Section 6 in respect of the Master Agreement such Cap Transaction only as a result of the occurrence of a Termination Event set forth in either Section 5(b)(i) or 5(b)(ii) of the Master this Agreement with respect to Party A as the Affected Party, or Section 5(b)(iii) of this Agreement with respect to Party A as the Burdened Party. For purposes of each Transaction identified by the Transaction to which this Agreement relatesreference numbers 37542085 and 37542087, Party A acknowledges and agrees that Party B's ’s only obligation under Section 2(a)(i) of the Master this Agreement in respect of each Cap Transaction is to pay the related Fixed Amount on the related Fixed Rate Amount Payer Payment Date. Financial Markets 200 Xxxxxxxxxxx Xxxxxx XX0X 0XX Memorandum July 25The parties executing this Schedule have executed the Master Agreement and have agreed as to the contents of this Schedule. UBS XX XXXXX FARGO BANK, 2006 To: HSBC Bank USA, National AssociationN.A., not in its individual capacityindividually, but solely as Trustee trustee on behalf of the Supplemental Interest Trust for the ACE Securities Corp. Home Equity Loan TrustMASTR Adjustable Rate Mortgages Trust 2007-1, Mortgage Pass Through Certificates, Series 20002007-XX0, Xxxxx Backed Pass-Through Certificates ("Party B") 400 Xxxxx 1 By: /s/ Xxxxxxx X. Xxxxxxxx By:/s/ Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 AttnX. Xxxxxxx Name: Corporate Trust & Loan Agency TelXxxxxxx X. Xxxxxxxx Name: 200-000-0000 FaxXxxxxx X. Xxxxxxx Title: 200-000-0000 E-MailDirector and Counsel Region Americas Legal Fixed Income Section Title: fxxxxxxx.xxxxxxx@xx.xxxx.xxx Copy ToAssistant Vice President By:/s/ Raha Ramezani Name: Wxxxx Fargo Bank, National Association 9000 Xxx Xxxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00000 Tel: 400-000-0000 Attn: Client Manager, ACE 2006-CW1 Fax: 400-000-0000 From: The Royal Bank of Scotland plc ("Party A") c/o RBS Financial Markets Level 7,135 Bxxxxxxxxxx Xxxxxx XX0X 0XX Attn: Head of Legal, Financial Markets Tel: 40 000 000 0000 Fax: 40 000 000 0000 Copy To: Greenwich Capital Markets, Inc. 600 Xxxxxxxxx Xxxx Xxxxxxxxx, XX 00000 Attn: Legal Department - Derivatives Documentation Tel.: 200-000-0000 Fax: 200-000-0000/34 Our Reference Number: IRG16043905 Dear Sir or Madam: The purpose of this letter agreement is to confirm the terms and conditions of the Transaction entered into between Party A and HSBC Bank USA, National Association as trustee of the ACE Securities Corp. Home Equity Loan Trust, Series 2000-XX0 Xxxxx Backed Pass-Through Certificates (the "Trustee" and the "Trust", respectively) under the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated and effective as of July 1, 2006, among Ace Securities Corp., as Depositor, Countrywide Home Loans Servicing LP, as Servicer, Wxxxx Fargo Bank, National Association, as Master Servicer and Securities Administrator and the Trustee (each a "party" and together "the parties") on the Trade Date specified below (the "Transaction"). This letter agreement (the "Agreement") constitutes the sole and complete "Confirmation", as referred to in the Master Agreement (as defined below). The definitions and provisions contained in the 2000 ISDA Definitions (the "Definitions") as published by the International Swaps and Derivatives Association, Inc., ("ISDA") are incorporated into this Confirmation. This Confirmation will be governed by and subject to the terms and conditions which would be applicable if, prior to the Trade Date, the parties had executed and delivered an ISDA Master Agreement (Multicurrency-Cross Border), in the form published by ISDA in 1992 (the "Master Agreement") (but without any Schedule except for the elections noted in Schedule B hereto). In the event of any inconsistency between the provisions of the Master Agreement and this Confirmation, this Confirmation will govern. Terms capitalized but not defined herein or in the Definitions incorporated herein shall have the respective meanings attributed to them in the Pooling and Servicing Agreement.Raha Ramezani

Appears in 1 contract

Samples: MASTR Adjustable Rate Mortgages Trust 2007-1

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Limitation on Events of Default. Notwithstanding the terms of Sections 5 and 6 of the Master Agreement, if at any time and so long as the Party B Counterparty has satisfied in full all its payment obligations under Section 2(a)(i) of the Master Agreement 2 hereof and has at the time no future payment obligations, whether absolute or contingent, under such Section, then unless Party A BNY is required pursuant to appropriate proceedings to return to the Party B Counterparty or otherwise returns to the Party B Counterparty upon demand of the Party B Counterparty any portion of any such payment, (a) the occurrence of an event described in Section 5(a) of the Master Agreement with respect to the Party B Counterparty shall not constitute an Event of Default or Potential Event of Default with respect to the Party B Counterparty as Defaulting Party and (b) Party A BNY shall be entitled to designate an Early Termination Date pursuant to Section 6 of the Master Agreement only as a result of the occurrence of a Termination Event set forth in either Section 5(b)(i) or 5(b)(ii) of the Master Agreement with respect to Party A as the Affected Party, or Section 5(b)(iii) with respect to Party A either BNY as the Burdened Affected Party. For purposes of the Transaction to which this Agreement relates, Party B's the Counterparty’s only obligation under Section 2(a)(i) of the Master Agreement 2 hereof is to pay the Fixed Amount on the Fixed Rate Payer Amount Payment Date. Financial Markets 200 Xxxxxxxxxxx Xxxxxx XX0X 0XX Memorandum July 25Account Details and Settlement Information: Payments to BNY: The Bank of New York Derivative Products Support Department 00 Xxx Xxxx, 2006 To: HSBC Bank USA, National Association, not in its individual capacity, but solely as Trustee for the ACE Securities Corp. Home Equity Loan Trust, Series 2000-XX0, 00xx Xxxxx Backed Pass-Through Certificates ("Party B") 400 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 AttnAttention: Corporate Trust & Loan Agency TelXxxxx Xxxxxxx ABA #000000000 Account #000-0000-000 Reference: 200Interest Rate Swaps/Caps Payments to Counterparty: Xxxxx Fargo Bank, N.A. San Francisco, CA ABA # 000-000-0000 Fax000 Acct. # 0000000000 Acct. Name: 200SAS Clearing FFC: 50971901 - Reserve Fund Ref No.38549 Please confirm that the foregoing correctly sets forth the terms of our agreement by executing this agreement and returning it via facsimile to Derivative Products Support Dept., Attn: Xxxxxx Xxxx/Xxxxx Au-Xxxxx at 000-000-0000 E-Mail0000/5837. Once we receive this we will send you two original confirmations for execution. Ref No.38549 We are very pleased to have executed this Transaction with you and we look forward to completing other transactions with you in the near future. Very truly yours, THE BANK OF NEW YORK By: fxxxxxxx.xxxxxxx@xx.xxxx.xxx Copy To/s/ Xxxxxxx X. Xxxxxx Name: Wxxxx Fargo BankXxxxxxx X. Xxxxxx Title: Managing Director Ref No.38549 Counterparty, National Association 9000 Xxx Xxxxxxxxx Xxxx Xxxxxxxxacting through its duly authorized signatory, Xxxxxxxx 00000 Tel: 400-000-0000 Attn: Client Managerhereby agrees to, ACE 2006-CW1 Fax: 400-000-0000 From: The Royal Bank of Scotland plc ("Party A") c/o RBS Financial Markets Level 7,135 Bxxxxxxxxxx Xxxxxx XX0X 0XX Attn: Head of Legal, Financial Markets Tel: 40 000 000 0000 Fax: 40 000 000 0000 Copy To: Greenwich Capital Markets, Inc. 600 Xxxxxxxxx Xxxx Xxxxxxxxx, XX 00000 Attn: Legal Department - Derivatives Documentation Tel.: 200-000-0000 Fax: 200-000-0000/34 Our Reference Number: IRG16043905 Dear Sir or Madam: The purpose of this letter agreement is to confirm accepts and confirms the terms and conditions of the Transaction entered into between Party A and HSBC Bank USA, National Association as trustee of the ACE Securities Corp. Home Equity Loan Trust, Series 2000-XX0 Xxxxx Backed Pass-Through Certificates (the "Trustee" and the "Trust", respectively) under the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated and effective foregoing as of July 1, 2006, among Ace Securities Corp., as Depositor, Countrywide Home Loans Servicing LP, as Servicer, Wxxxx Fargo Bank, National Association, as Master Servicer and Securities Administrator and the Trustee (each a "party" and together "the parties") on the Trade Date specified below (the "Transaction"). This letter agreement (the "Agreement") constitutes the sole and complete "Confirmation", as referred to in the Master Agreement (as defined below). The definitions and provisions contained in the 2000 ISDA Definitions (the "Definitions") as published by the International Swaps and Derivatives Association, Inc., ("ISDA") are incorporated into this Confirmation. This Confirmation will be governed by and subject to the terms and conditions which would be applicable if, prior to the Trade Date. XXXXX FARGO BANK, N.A., NOT INDIVIDUALLY, BUT SOLELY AS SECURITIES ADMINISTRATOR ON BEHALF OF SG MORTGAGE SECURITIES TRUST 2006-OPT2. By: /s/ Xxxxxxx Xxxxx Xxxxx Name: Xxxxxxx Xxxxx Colli Title: Vice President Ref No.38549 SCHEDULE I (all dates subject to adjustment in accordance with the parties had executed and delivered an ISDA Master Agreement Modified Following Business Day Convention) Accrual Start Date Accrual End Date Notional Amount (MulticurrencyUSD) 14-Cross Border), in the form published by ISDA in 1992 (the "Master Agreement") (but without any Schedule except for the elections noted in Schedule B hereto). In the event of any inconsistency between the provisions of the Master Agreement and this Confirmation, this Confirmation will govern. Terms capitalized but not defined herein or in the Definitions incorporated herein shall have the respective meanings attributed to them in the Pooling and Servicing Agreement.Dec-06 25-Jan-07 379,358,001.00 25-Jan-07 25-Feb-07 373,948,142.00 25-Feb-07 25-Mar-07 367,693,669.00 25-Mar-07 25-Apr-07 360,800,832.00 25-Apr-07 25-May-07 353,023,455.00 25-May-07 25-Jun-07 344,483,454.00 Ref No.38549

Appears in 1 contract

Samples: SG Mortgage Securities Trust 2006-Opt2

Limitation on Events of Default. Notwithstanding the terms of Sections 5 and 6 of the Master Agreement, if at any time and so long as the Party B has satisfied in full all its payment obligations under Section 2(a)(i) of the Master Agreement and has at the time no future payment obligations, whether absolute or contingent, under such Section, then unless Party A is required pursuant to appropriate proceedings to return to the Party B or otherwise returns to the Party B upon demand of the Party B any portion of any such payment, (a) the occurrence of an event described in Section 5(a) of the Master Agreement with respect to the Party B shall not constitute an Event of Default or Potential Event of Default with respect to the Party B as Defaulting Party and (b) Party A shall be entitled to designate an Early Termination Date pursuant to Section 6 of the Master Agreement only as a result of the occurrence of a Termination Event set forth in either Section 5(b)(i) or 5(b)(ii) of the Master Agreement with respect to Party A as the Affected Party, or Section 5(b)(iii) with respect to Party A as the Burdened Party. For purposes of the Transaction to which this Agreement relates, Party B's ’s only obligation under Section 2(a)(i) of the Master Agreement is to pay the Fixed Amount on the Fixed Rate Payer Payment Date. Financial Markets 200 Xxxxxxxxxxx Xxxxxx XX0X 0XX Memorandum July 25October 30, 2006 To: HSBC Bank USA, National Association, not in its individual capacity, but solely as Trustee for the ACE Securities Corp. Home Equity Loan Trust, Series 20002006-XX0OP2, Xxxxx Asset Backed Pass-Through Certificates ("Party B") 400 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Corporate Trust & Loan Agency Tel: 200-000-0000 Fax: 200-000-0000 E-Mail: fxxxxxxx.xxxxxxx@xx.xxxx.xxx Copy To: Wxxxx Fargo Bank, National Association 9000 Xxx Xxxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00000 Tel: 400-000-0000 Attn: Client Manager, ACE 2006-CW1 OP2 Fax: 400-000-0000 From: The Royal Bank of Scotland plc ("Party A") c/o RBS Financial Markets Level 7,135 Bxxxxxxxxxx Lxxxx 0, 000 Xxxxxxxxxxx Xxxxxx XX0X 0XX 3UR Attn: Head of Legal, Financial Markets Tel: 40 000 000 0000 Fax: 40 000 000 0000 Copy To: Greenwich Capital Markets, Inc. 600 Xxxxxxxxx Xxxx Xxxxxxxxx, XX 00000 Attn: Legal Department - Derivatives Documentation Tel.: 200-000-0000 Fax: 200-000-0000/34 Our Reference Number: IRG16043905 IRG16106274 Dear Sir or Madam: The purpose of this letter agreement is to confirm the terms and conditions of the Transaction entered into between Party A and HSBC Bank USA, National Association as trustee of the ACE Securities Corp. Home Equity Loan Trust, Series 20002006-XX0 Xxxxx OP2 Asset Backed Pass-Through Certificates (the "Trustee" and the "Trust", respectively) under the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated and effective as of July October 1, 2006, among Ace Securities Corp., as Depositor, Countrywide Home Loans Servicing LPOption One Mortgage Corporation, as Servicer, Wxxxx Fargo Bank, National Association, as Master Servicer and Securities Administrator and the Trustee (each a "party" and together "the parties") on the Trade Date specified below (the "Transaction"). This letter agreement (the "Agreement") constitutes the sole and complete "Confirmation", as referred to in the Master Agreement (as defined below). The definitions and provisions contained in the 2000 ISDA Definitions (the "Definitions") as published by the International Swaps and Derivatives Association, Inc., ("ISDA") are incorporated into this Confirmation. Any reference to a “Swap Transaction” in the Definitions is deemed to be a reference to a “Transaction” for purposes of this Agreement, and any reference to a “Transaction” in this Agreement is deemed to be a reference to a “Swap Transaction” for purposes of the Definitions. This Confirmation will be governed by and subject to the terms and conditions which would be applicable if, prior to the Trade Date, the parties had executed and delivered an ISDA Master Agreement (Multicurrency-Cross Border), in the form published by ISDA in 1992 (the "Master Agreement") (but without any Schedule except for the elections noted in Schedule B hereto). For the avoidance of doubt, the Transaction described herein shall be the sole Transaction governed by such Master Agreement. In the event of any inconsistency between the provisions of the Master Agreement and this Confirmation, this Confirmation will govern. Terms capitalized but not defined herein or in the Definitions incorporated herein shall have the respective meanings attributed to them in the Pooling and Servicing Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Op2)

Limitation on Events of Default. Notwithstanding the terms of Sections 5 and 6 of the Master Agreement, if at any time and so long as the Party B has satisfied in full all its payment obligations under Section 2(a)(i) of the Master Agreement and has at the time no future payment obligations, whether absolute or contingent, under such Section, then unless Party A is required pursuant to appropriate proceedings to return to the Party B or otherwise returns to the Party B upon demand of the Party B any portion of any such payment, (a) the occurrence of an event described in Section 5(a) of the Master Agreement with respect to the Party B shall not constitute an Event of Default or Potential Event of Default with respect to the Party B as Defaulting Party and (b) Party A shall be entitled to designate an Early Termination Date pursuant to Section 6 of the Master Agreement only as a result of the occurrence of a Termination Event set forth in either Section 5(b)(i) or 5(b)(ii) of the Master Agreement with respect to Party A as the Affected Party, or Section 5(b)(iii) with respect to Party A as the Burdened Party. For purposes of the Transaction to which this Agreement relates, Party B's ’s only obligation under Section 2(a)(i) of the Master Agreement is to pay the Fixed Amount on the Fixed Rate Payer Payment Date. Financial Markets 200 Xxxxxxxxxxx Xxxxxx XX0X 0XX Memorandum July 25SCHEDULE 1 MORTGAGE LOAN SCHEDULE [PROVIDED UPON REQUEST] SCHEDULE 2 PREPAYMENT CHARGE SCHEDULE [PROVIDED UPON REQUEST] SCHEDULE 3 [RESERVED] SCHEDULE 4 STANDARD FILE LAYOUT- DELINQUENCY REPORTING Exhibit: Standard File Layout - Delinquency Reporting Column/Header Name Description Decimal Format Comment SERVICER_LOAN_NBR A unique number assigned to a loan by the Servicer. This may be different than the LOAN_NBR LOAN_NBR A unique identifier assigned to each loan by the originator. CLIENT_NBR Servicer Client Number SERV_INVESTOR_NBR Contains a unique number as assigned by an external servicer to identify a group of loans in their system. BORROWER_FIRST_NAME First Name of the Borrower. BORROWER_LAST_NAME Last name of the borrower. PROP_ADDRESS Street Name and Number of Property PROP_STATE The state where the property located. PROP_ZIP Zip code where the property is located. BORR_NEXT_PAY_DUE_DATE The date that the borrower's next payment is due to the servicer at the end of processing cycle, 2006 Toas reported by Servicer. MM/DD/YYYY LOAN_TYPE Loan Type (i.e. FHA, VA, Conv) BANKRUPTCY_FILED_DATE The date a particular bankruptcy claim was filed. MM/DD/YYYY BANKRUPTCY_CHAPTER_CODE The chapter under which the bankruptcy was filed. BANKRUPTCY_CASE_NBR The case number assigned by the court to the bankruptcy filing. POST_PETITION_DUE_DATE The payment due date once the bankruptcy has been approved by the courts MM/DD/YYYY BANKRUPTCY_DCHRG_DISM_DATE The Date The Loan Is Removed From Bankruptcy. Either by Dismissal, Discharged and/or a Motion For Relief Was Granted. MM/DD/YYYY LOSS_MIT_APPR_DATE The Date The Loss Mitigation Was Approved By The Servicer MM/DD/YYYY LOSS_MIT_TYPE The Type Of Loss Mitigation Approved For A Loan Such As; LOSS_MIT_EST_COMP_DATE The Date The Loss Mitigation /Plan Is Scheduled To End/Close MM/DD/YYYY LOSS_MIT_ACT_COMP_DATE The Date The Loss Mitigation Is Actually Completed MM/DD/YYYY FRCLSR_APPROVED_DATE The date DA Admin sends a letter to the servicer with instructions to begin foreclosure proceedings. MM/DD/YYYY ATTORNEY_REFERRAL_DATE Date File Was Referred To Attorney to Pursue Foreclosure MM/DD/YYYY FIRST_LEGAL_DATE Notice of 1st legal filed by an Attorney in a Foreclosure Action MM/DD/YYYY FRCLSR_SALE_EXPECTED_DATE The date by which a foreclosure sale is expected to occur. MM/DD/YYYY FRCLSR_SALE_DATE The actual date of the foreclosure sale. MM/DD/YYYY FRCLSR_SALE_AMT The amount a property sold for at the foreclosure sale. 2 No commas(,) or dollar signs ($) EVICTION_START_DATE The date the servicer initiates eviction of the borrower. MM/DD/YYYY EVICTION_COMPLETED_DATE The date the court revokes legal possession of the property from the borrower. MM/DD/YYYY LIST_PRICE The price at which an REO property is marketed. 2 No commas(,) or dollar signs ($) LIST_DATE The date an REO property is listed at a particular price. MM/DD/YYYY OFFER_AMT The dollar value of an offer for an REO property. 2 No commas(,) or dollar signs ($) OFFER_DATE_TIME The date an offer is received by DA Admin or by the Servicer. MM/DD/YYYY Column/Header Name Description Decimal Format Comment REO_CLOSING_DATE The date the REO sale of the property is scheduled to close. MM/DD/YYYY REO_ACTUAL_CLOSING_DATE Actual Date Of REO Sale MM/DD/YYYY OCCUPANT_CODE Classification of how the property is occupied. PROP_CONDITION_CODE A code that indicates the condition of the property. PROP_INSPECTION_DATE The date a property inspection is performed. MM/DD/YYYY APPRAISAL_DATE The date the appraisal was done. MM/DD/YYYY CURR_PROP_VAL The current "as is" value of the property based on brokers price opinion or appraisal. 2 REPAIRED_PROP_VAL The amount the property would be worth if repairs are completed pursuant to a broker's price opinion or appraisal. 2 If applicable: HSBC Bank USA, National Association, not DELINQ_STATUS_CODE FNMA Code Describing Status of Loan DELINQ_REASON_CODE The circumstances which caused a borrower to stop paying on a loan. Code indicates the reason why the loan is in its individual capacity, but solely default for this cycle. MI_CLAIM_FILED_DATE Date Mortgage Insurance Claim Was Filed With Mortgage Insurance Company. MM/DD/YYYY MI_CLAIM_AMT Amount of Mortgage Insurance Claim Filed No commas(,) or dollar signs ($) MI_CLAIM_PAID_DATE Date Mortgage Insurance Company Disbursed Claim Payment MM/DD/YYYY MI_CLAIM_AMT_PAID Amount Mortgage Insurance Company Paid On Claim 2 No commas(,) or dollar signs ($) POOL_CLAIM_FILED_DATE Date Claim Was Filed With Pool Insurance Company MM/DD/YYYY POOL_CLAIM_AMT Amount of Claim Filed With Pool Insurance Company 2 No commas(,) or dollar signs ($) POOL_CLAIM_PAID_DATE Date Claim Was Settled and The Check Was Issued By The Pool Insurer MM/DD/YYYY POOL_CLAIM_AMT_PAID Amount Paid On Claim By Pool Insurance Company 2 No commas(,) or dollar signs ($) FHA_PART_A_CLAIM_FILED_DATE Date FHA Part A Claim Was Filed With HUD MM/DD/YYYY FHA_PART_A_CLAIM_AMT Amount of FHA Part A Claim Filed 2 No commas(,) or dollar signs ($) FHA_PART_A_CLAIM_PAID_DATE Date HUD Disbursed Part A Claim Payment MM/DD/YYYY FHA_PART_A_CLAIM_PAID_AMT Amount HUD Paid on Part A Claim 2 No commas(,) or dollar signs ($) FHA_PART_B_CLAIM_FILED_DATE Date FHA Part B Claim Was Filed With HUD MM/DD/YYYY FHA_PART_B_CLAIM_AMT Amount of FHA Part B Claim Filed 2 No commas(,) or dollar signs ($) FHA_PART_B_CLAIM_PAID_DATE Date HUD Disbursed Part B Claim Payment MM/DD/YYYY FHA_PART_B_CLAIM_PAID_AMT Amount HUD Paid on Part B Claim 2 No commas(,) or dollar signs ($) VA_CLAIM_FILED_DATE Date VA Claim Was Filed With the Veterans Admin MM/DD/YYYY VA_CLAIM_PAID_DATE Date Veterans Admin. Disbursed VA Claim Payment MM/DD/YYYY VA_CLAIM_PAID_AMT Amount Veterans Admin. Paid on VA Claim 2 No commas(,) or dollar signs ($) Exhibit 2: Standard File Codes - Delinquency Reporting The Loss Mit Type field should show the approved Loss Mitigation Code as Trustee for follows: · ASUM- Approved Assumption · BAP- Borrower Assistance Program · CO- Charge Off · DIL- Deed-in-Lieu · FFA- Formal Forbearance Agreement · MOD- Loan Modification · PRE- Pre-Sale · SS- Short Sale · MISC- Anything else approved by the ACE Securities Corp. Home Equity Loan Trust, Series 2000-XX0, Xxxxx Backed Pass-Through Certificates ("Party B") 400 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Corporate Trust & Loan Agency Tel: 200-000-0000 Fax: 200-000-0000 E-Mail: fxxxxxxx.xxxxxxx@xx.xxxx.xxx Copy ToPMI or Pool Insurer NOTE: Wxxxx Fargo BankBank will accept alternative Loss Mitigation Types to those above, National Association 9000 Xxx Xxxxxxxxx Xxxx Xxxxxxxxprovided that they are consistent with industry standards. If Loss Mitigation Types other than those above are used, Xxxxxxxx 00000 Tel: 400-000-0000 Attn: Client Manager, ACE 2006-CW1 Fax: 400-000-0000 From: The Royal the Servicer must supply Wxxxx Fargo Bank with a description of Scotland plc ("Party A") c/o RBS Financial Markets Level 7,135 Bxxxxxxxxxx Xxxxxx XX0X 0XX Attn: Head of Legal, Financial Markets Tel: 40 000 000 0000 Fax: 40 000 000 0000 Copy To: Greenwich Capital Markets, Inc. 600 Xxxxxxxxx Xxxx Xxxxxxxxx, XX 00000 Attn: Legal Department - Derivatives Documentation Tel.: 200-000-0000 Fax: 200-000-0000/34 Our Reference Number: IRG16043905 Dear Sir or Madam: The purpose of this letter agreement is to confirm the terms and conditions each of the Transaction entered into between Party A and HSBC Bank USA, National Association as trustee Loss Mitigation Types prior to sending the file. The Occupant Code field should show the current status of the ACE Securities Corp. Home Equity Loan Trust, Series 2000-XX0 Xxxxx Backed Pass-Through Certificates (property code as follows: · Mortgagor · Tenant · Unknown · Vacant The Property Condition field should show the "Trustee" and the "Trust", respectively) under the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated and effective as of July 1, 2006, among Ace Securities Corp., as Depositor, Countrywide Home Loans Servicing LP, as Servicer, Wxxxx Fargo Bank, National Association, as Master Servicer and Securities Administrator and the Trustee (each a "party" and together "the parties") on the Trade Date specified below (the "Transaction"). This letter agreement (the "Agreement") constitutes the sole and complete "Confirmation", as referred to in the Master Agreement (as defined below). The definitions and provisions contained in the 2000 ISDA Definitions (the "Definitions") as published by the International Swaps and Derivatives Association, Inc., ("ISDA") are incorporated into this Confirmation. This Confirmation will be governed by and subject to the terms and conditions which would be applicable if, prior to the Trade Date, the parties had executed and delivered an ISDA Master Agreement (Multicurrency-Cross Border), in the form published by ISDA in 1992 (the "Master Agreement") (but without any Schedule except for the elections noted in Schedule B hereto). In the event of any inconsistency between the provisions last reported condition of the Master Agreement and this Confirmation, this Confirmation will govern. Terms capitalized but not defined herein or in the Definitions incorporated herein shall have the respective meanings attributed to them in the Pooling and Servicing Agreement.property as follows: · Damaged · Excellent · Fair · Gone · Good · Poor · Special Hazard · Unknown

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Op2)

Limitation on Events of Default. Notwithstanding the terms provisions of Sections 5 and 6 of the Master this Agreement, if at any time and so long as the Party B has satisfied in full all its payment obligations under Section 2(a)(i) of this Agreement in respect of the Master Agreement transaction with the reference number 37748816 (the “Cap Transaction”) and has at the time no future payment obligations, whether absolute or contingent, under such SectionSection in respect of such Cap Transaction, then unless Party A is required pursuant to appropriate proceedings to return to the Party B or otherwise returns to the Party B upon demand of the Party B any portion of any such paymentpayment in respect of such Cap Transaction, (a) the occurrence of an event described in Section 5(a) of the Master this Agreement with respect to the Party B shall not constitute an Event of Default or Potential Event of Default with respect to the Party B as Defaulting Party in respect of such Cap Transaction and (b) Party A shall be entitled to designate an Early Termination Date pursuant to Section 6 in respect of the Master Agreement such Cap Transaction only as a result of the occurrence of a Termination Event set forth in either Section 5(b)(i) or 5(b)(ii) of the Master this Agreement with respect to Party A as the Affected Party, or Section 5(b)(iii) of this Agreement with respect to Party A as the Burdened Party. For purposes of the Transaction to which this Agreement relates, identified by the reference number 37748816 Party A acknowledges and agrees that Party B's ’s only obligation under Section 2(a)(i) of this Agreement in respect of the Master Agreement Cap Transaction is to pay the related Fixed Amount on the related Fixed Rate Payer Payment Date. Financial Markets 200 Xxxxxxxxxxx Xxxxxx XX0X 0XX Memorandum July 25The parties executing this Schedule have executed the Master Agreement and have agreed as to the contents of this Schedule. UBS AX Xxxxx Fargo Bank, 2006 To: HSBC Bank USA, National AssociationN.A.,, not in its individual capacityindividually, but solely as Supplemental Interest Trust Trustee for on behalf of the ACE Securities Corp. Home Equity Loan TrustSupplemental Interest Trust with respect to the MASTR Adjustable Rate Mortgages Trust 2007-HF2, Mortgage Pass-Through Certificates, Series 20002007-XX0, Xxxxx Backed HF2 By:___________________________________________________________ By:___________________________________________________________ Name: Name: Title: Title: By:___________________________________________________________ Name: Title: EXHIBIT Q FORM OF ASSESSMENT OF COMPLIANCE [Name of Trust] (the “Trust”) Mortgage Pass-Through Certificates ("Party B") 400 Xxxxx Xxxxxx Xxx XxxxSeries 20[__]-[__] I, Xxx Xxxx 00000 Attn: Corporate Trust & Loan Agency Tel: 200-000-0000 Fax: 200-000-0000 E-Mail: fxxxxxxx.xxxxxxx@xx.xxxx.xxx Copy To: Wxxxx Fargo Bank[name of certifying individual], National Association 9000 Xxx Xxxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00000 Tel: 400-000-0000 Attn: Client Manager, ACE 2006-CW1 Fax: 400-000-0000 From: The Royal Bank a duly elected and acting officer of Scotland plc ("Party A") c/o RBS Financial Markets Level 7,135 Bxxxxxxxxxx Xxxxxx XX0X 0XX Attn: Head of Legal, Financial Markets Tel: 40 000 000 0000 Fax: 40 000 000 0000 Copy To: Greenwich Capital Markets, Inc. 600 Xxxxxxxxx Xxxx Xxxxxxxxx, XX 00000 Attn: Legal Department - Derivatives Documentation Tel.: 200-000-0000 Fax: 200-000-0000/34 Our Reference Number: IRG16043905 Dear Sir or Madam: The purpose of this letter agreement is to confirm the terms and conditions of the Transaction entered into between Party A and HSBC Bank USA, National Association as trustee of the ACE Securities Corp. Home Equity Loan Trust, Series 2000-XX0 Xxxxx Backed Pass-Through Certificates [__________________________] (the "Trustee" and the "Trust"“Assessing Party”), respectively) under certify pursuant to Section 3.22 of the Pooling and Servicing Agreement to the Depositor, the Trust Administrator and each Person, if any, who “controls” the Depositor or the Trust Administrator within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate (the "Pooling and Servicing Agreement"“Relevant Year”), dated and effective as of July 1, 2006, among Ace Securities Corp., as Depositor, Countrywide Home Loans Servicing LP, as Servicer, Wxxxx Fargo Bank, National Association, as Master Servicer and Securities Administrator and the Trustee (each a "party" and together "the parties") on the Trade Date specified below (the "Transaction"). This letter agreement (the "Agreement") constitutes the sole and complete "Confirmation", as referred to in the Master Agreement (as defined below). The definitions and provisions contained in the 2000 ISDA Definitions (the "Definitions") as published by the International Swaps and Derivatives Association, Inc., ("ISDA") are incorporated into this Confirmation. This Confirmation will be governed by and subject to the terms and conditions which would be applicable if, prior to the Trade Date, the parties had executed and delivered an ISDA Master Agreement (Multicurrency-Cross Border), in the form published by ISDA in 1992 (the "Master Agreement") (but without any Schedule except for the elections noted in Schedule B hereto). In the event of any inconsistency between the provisions of the Master Agreement and this Confirmation, this Confirmation will govern. Terms capitalized but not defined herein or in the Definitions incorporated herein shall have the respective meanings attributed to them in the Pooling and Servicing Agreement.follows:

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2007-Hf2)

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