Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a separate account (each, a "Rounding Account") with respect to each of the Special Retail Certificates, and Banc of America Securities LLC shall deposit $999.99 in each such Rounding Account. The Trustee shall maintain such accounts to provide, if needed, the applicable Rounding Amount (defined below) on any Distribution Date. If, on any Distribution Date, the Trustee determines that amounts are available out of the Pool Distribution Amount (after giving effect to the last sentence of this paragraph) for distributions of principal on any Class of the Special Retail Certificates, and the aggregate amount allocable to such distributions of principal is not an amount equal to an integral multiple of $1,000, the Trustee shall withdraw from the applicable Rounding Account an amount which, when added to the amount allocable to such distributions of principal, would be an integral multiple of $1,000 (the "Rounding Amount"). On each Distribution Date prior to the earlier of (a) the Senior Credit Support Depletion Date and (b) the date on which any loss is allocated to any Class of the Special Retail Certificates, with respect to which the Trustee determines that amounts are available out of the Pool Distribution Amount for distributions of principal on any Class of Special Retail Certificates, the aggregate amount allocable to such Class will be applied first to repay any funds withdrawn from the applicable Rounding Account on prior Distribution Dates which have not been repaid. Any amounts withdrawn by the Trustee from any Rounding Account shall be deposited in the Certificate Account for distribution to the Holders of the Special Retail Certificates as described in the preceding paragraph. On or promptly after the earlier of (i) the Senior Credit Support Depletion Date and (ii) the date on which any loss is allocated to any Class of the Special Retail Certificates, the Trustee shall remit to Banc of America Securities LLC any amounts remaining in the applicable Rounding Account. Amounts on deposit in the Rounding Accounts shall not be invested. Each Rounding Account established hereunder, to the extent that it constitutes a "reserve fund" for purposes of the REMIC Provisions, shall be an "outside reserve fund" as defined in Section 1.860G-2(h) of the Treasury Regulations, and in that regard (A) such Rounding Account shall be an outside reserve fund and not an asset of the either of the Upper-Tier REMIC or Lower-Tier REMIC, (B) such Rounding Account shall be owned for federal tax purposes by Banc of America Securities LLC and Banc of America Securities LLC shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either REMIC to any Rounding Account shall be treated for all federal tax purposes as distributed by either REMIC to Banc of America Securities LLC.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Mortgage Pass Through Certificates Series 2001-7), Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 2001-1), Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 2000-7)
Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a separate account (each, a "Rounding Account") with respect to each Class of the Special Retail Certificates, and Banc of America Securities LLC shall deposit $999.99 in each such Rounding Account. The Trustee shall maintain such accounts to provide, if needed, the applicable Rounding Amount (defined below) on any Distribution Date. If, on any Distribution Date, the Trustee determines that amounts are available out of the Pool Distribution Amount for Loan Group 1 (after giving effect to the last sentence of this paragraph) for distributions of principal on any Class of the Special Retail Certificates, and the aggregate amount allocable to such distributions of principal is not an amount equal to an integral multiple of $1,000, the Trustee shall withdraw from the applicable Rounding Account an amount which, when added to the amount allocable to such distributions of principal, would be an integral multiple of $1,000 (the "Rounding Amount"). On each Distribution Date prior to the earlier of (a) the Senior Credit Support Depletion Date and (b) the date on which any loss is allocated to any Realized Loss would decrease the Class Certificate Balance of a Class of the Special Retail Certificates, with respect to which the Trustee determines that amounts are available out of the Pool Distribution Amount for Loan Group 1 for distributions of principal on any Class of Special Retail Certificates, the aggregate amount allocable to such Class will be applied first to repay any funds withdrawn from the applicable Rounding Account on prior Distribution Dates which have not been repaid. Any amounts withdrawn by the Trustee from any Rounding Account shall be deposited in the Certificate Account for Group 1 for distribution to the Holders of the Special Retail Certificates as described in the preceding paragraph. On or promptly after the earlier of (i) the Senior Credit Support Depletion Date and (ii) the date on which any loss is allocated to any Realized Loss would decrease the Class Certificate Balance of a Class of the Special Retail Certificates, the Trustee shall remit to Banc of America Securities LLC any amounts remaining in the applicable Rounding Account. Amounts on deposit in the Rounding Accounts shall not be invested. Each Rounding Account established hereunder, to the extent that it constitutes a "reserve fund" for purposes of the REMIC Provisions, shall be an "outside reserve fund" as defined in Section 1.860G-2(h) of the Treasury Regulations, and in that regard (A) such Rounding Account shall be an outside reserve fund and not an asset of the either of the Upper-Tier REMIC or Lower-Tier REMIC, (B) such Rounding Account shall be owned for federal tax purposes by Banc of America Securities LLC and Banc of America Securities LLC shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either the Lower-Tier REMIC to any Rounding Account shall be treated for all federal tax purposes as distributed by either the Lower-Tier REMIC to Banc of America Securities LLC.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Bank of America Mortgage Sec Inc Mort Ps THR CRT Ser 2002-10), Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 2002-4)
Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee or the Certificate Registrar shall establish a separate account (each, a "Rounding Account") with respect to Account for each Class of the Special Retail Lottery Certificates, and Banc of America Securities Credit Suisse First Boston LLC shall deposit $999.99 in therein with respect to each such Rounding AccountClass of Retail Lottery Certificates. The Trustee or the Certificate Registrar shall maintain such accounts to provide, if needed, the applicable Rounding Amount (defined below) on any Distribution Date. If, on any On the first Distribution Date, Date with respect to which the Trustee or the Certificate Registrar determines that amounts are available out of the Pool applicable Available Distribution Amount (after giving effect to the last sentence of this paragraph) for distributions of principal on any Class of the Special Retail Lottery Certificates, and the aggregate amount allocable to such distributions of principal is not an amount equal to an integral multiple of $1,000, the Trustee or the Certificate Registrar shall withdraw from each Rounding Account the applicable Rounding Account an amount which, when added to the amount allocable to such distributions of principal, would be an integral multiple of $1,000 (the "Rounding Amount"). On each succeeding Distribution Date Date, prior to the earlier of (a) the Senior Credit Support Depletion Date and (b) the date on which any loss is allocated to any Class of the Special Retail CertificatesDate, with respect to which the Trustee or the Certificate Registrar determines that amounts are available out of the Pool applicable Available Distribution Amount for distributions of principal on any Class of Special the Retail Lottery Certificates, the aggregate amount allocable to such Class will be applied first to repay replenish any funds withdrawn from the applicable related Rounding Account on prior Distribution Dates which have not been repaid. If the remainder of the aggregate amount allocable to distributions of principal to the Retail Lottery Certificates is not an amount equal to an integral multiple of $1,000, the Trustee or the Certificate Registrar shall withdraw from the related Rounding Account, to the extent funds are available therein, the applicable Rounding Amount. Any amounts withdrawn by the Trustee or the Certificate Registrar from any a Rounding Account shall be deposited in the Certificate Account for distribution to the Holders of the Special related Retail Certificates Lottery Certificateholders as described in the immediately preceding paragraph. On or promptly after Funds held in the earlier of (i) the Senior Credit Support Depletion Date and (ii) the date on which any loss is allocated to any Class of the Special Retail Certificates, Certificate Account may be invested by the Trustee or Certificate Administrator for its own account in Eligible Investments which shall remit mature not later than one Business Day prior to Banc of America Securities LLC any amounts remaining in the applicable Rounding related Distribution Date or, shall mature not later than the related Distribution Date if such Eligible Investments are managed by, or are obligations of, such institution that maintains the Certificate Account. Amounts on deposit in the Rounding Accounts shall not be invested. Each Rounding Account established hereunder, to the extent that it constitutes a "reserve fund" for purposes of the REMIC Provisions, shall be an "outside reserve fund" as defined in Section 1.860G-2(h) of under the Treasury Regulations, and in REMIC Provisions that regard (A) such Rounding Account shall be an outside reserve fund and not an asset of the either of the Upper-Tier REMIC or Lower-Tier REMIC, (B) such Rounding Account shall be is beneficially owned for all federal income tax purposes by Banc of America Securities LLC and Banc of America Securities LLC shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either REMIC to any Rounding Account shall be treated for all federal tax purposes as distributed by either REMIC to Banc of America Securities Credit Suisse First Boston Corporation LLC.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Muilti Cl Mort Ps THR CRTS Ser 2003-8), Pooling and Servicing Agreement (Abn Amro Mortgage Corp Muilti Cl Mort Ps THR CRTS Ser 2003-8)
Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a separate account (each, a "“Rounding Account"”) with respect to each Class of the Special Retail Certificates, and Banc of America Securities LLC the Underwriter shall deposit an amount equal to $999.99 in each such Rounding Account. The Trustee shall maintain such accounts each Rounding Account to provide, if needed, the applicable Rounding Amount Amounts (defined below) on any Distribution Date. If, on any Distribution Date, the Trustee determines based on the information provided by the Master Servicer that amounts are available out of the Pool Distribution Amount Available Funds for Loan Group 4 (after giving effect to the last sentence of this paragraph) for distributions of principal on any such Class of the Special Retail Certificates, and the aggregate amount allocable to such distributions of principal is not an amount equal to an integral multiple of $1,000, the Trustee shall withdraw from the applicable Rounding Account related to such Class of Special Retail Certificates an amount which, when added to the amount allocable to such distributions of principalprincipal for such Class, would be an integral multiple of $1,000 (the "“Rounding Amount"”). On each Distribution Date prior to the earlier of (a) the Senior Credit Support Depletion Date and (b) the date on which any loss is allocated to Realized Loss would decrease the Class Certificate Balance of any Class of the Special Retail Certificates, with respect to which the Trustee determines that amounts are available out of the Pool Distribution Amount Available Funds for Loan Group 4 for distributions of principal on any such Class of Special Retail Certificates, the aggregate amount allocable to such Class will be applied first to repay any funds withdrawn from the applicable related Rounding Account on prior Distribution Dates which have not been repaid. For federal tax return and information reporting purposes, each Rounding Account shall be considered to have a value of $999.99. Any amounts withdrawn by the Trustee from any Rounding Account shall be deposited in the Certificate Distribution Account for distribution to the Holders of the related Special Retail Certificates as described in the preceding paragraph. On or promptly after the earlier date the Certificate Principal Balance of (i) the Senior Credit Support Depletion Date and (ii) the date on which any loss is allocated to any Class of the Special Retail CertificatesCertificates has been reduced to zero, the Trustee shall remit to Banc of America Securities LLC the Underwriter any amounts remaining in the applicable related Rounding Account. Amounts on deposit in the Rounding Accounts shall not be invested. Each The Rounding Account Accounts established hereunder, to the extent that it constitutes a "they constitute “reserve fund" funds” for purposes of the REMIC Provisions, shall in each case be an "“outside reserve fund" ” as defined in Section 1.860G-2(h) of the Treasury Regulations, and in that regard (A) such the Rounding Account Accounts shall be an outside reserve fund and not an asset assets of any of the either of the Upper-Tier REMIC or Lower-Tier REMICREMICs, (B) such the Rounding Account Accounts shall be owned for federal tax purposes by Banc of America Securities LLC the Underwriter and Banc of America Securities LLC the Underwriter shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either REMIC any of the REMICs to any the Rounding Account Accounts shall be treated for all federal tax purposes as distributed by either the applicable REMIC to Banc of America Securities LLCthe Underwriter.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Incmastr Asset Sec Tr 2003 7), Pooling and Servicing Agreement (Mortgage Asset Sec Trans Incmastr Asset Sec Tr 2003 7)
Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a separate account (each, a "Rounding Account") with respect to each of the Special Retail Class A-8, Class A-10, Class A-15 and Class A-16 Certificates, and Banc of America Securities LLC shall deposit $999.99 in each such Rounding Account. The Trustee shall maintain such accounts to provide, if needed, the applicable Rounding Amount (defined below) on any Distribution Date. If, on any Distribution Date, the Trustee determines that amounts are available out of the Pool Distribution Amount (after giving effect to the last sentence of this paragraph) for distributions of principal on any Class of the Special Retail Certificates, and the aggregate amount allocable to such distributions of principal is not an amount equal to an integral multiple of $1,000, the Trustee shall withdraw from the applicable Rounding Account an amount which, when added to the amount allocable to such distributions of principal, would be an integral multiple of $1,000 (the "Rounding Amount"). On each Distribution Date prior to the earlier of (a) the Senior Credit Support Depletion Date and (b) the date on which any loss is allocated to any Class of the Special Retail Certificates, with respect to which the Trustee determines that amounts are available out of the Pool Distribution Amount for distributions of principal on any either Class of Special Retail Certificates, the aggregate amount allocable to such Class will be applied first to repay any funds withdrawn from the applicable Rounding Account on prior Distribution Dates which have not been repaid. Any amounts withdrawn by the Trustee from any Rounding Account shall be deposited in the Certificate Account for distribution to the Holders of the Special Retail Certificates as described in the preceding paragraph. On or promptly after the earlier of (i) the Senior Credit Support Depletion Date and (ii) the date on which any loss is allocated to any Class of the Special Retail Certificates, the Trustee shall remit to Banc of America Securities LLC any amounts remaining in the applicable Rounding Account. Amounts on deposit in the Rounding Accounts shall not be invested. Each Rounding Account established hereunder, to the extent that it constitutes a "reserve fund" for purposes of the REMIC Provisions, shall be an "outside reserve fund" as defined in Section 1.860G-2(h) of the Treasury Regulations, and in that regard (A) such Rounding Account shall be an outside reserve fund and not an asset of the either of the Upper-Tier REMIC or Lower-Tier REMIC, (B) such Rounding Account shall be owned for federal tax purposes by Banc of America Securities LLC and Banc of America Securities LLC shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either the REMIC to any Rounding Account shall be treated for all federal tax purposes as distributed by either the REMIC to Banc of America Securities LLC.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bank of America Mort Secs Inc Mort Pas Thru Cert Sers 1999-7)
Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a separate account (each, a "the Rounding Account") with respect to each of the Special Retail CertificatesAccounts, and Banc of America Securities LLC the Underwriter shall deposit $999.99 in each such Rounding Account. The Trustee Master Servicer shall maintain such accounts to provide, if needed, the applicable Rounding Amount (defined below) on any Distribution Date. If, on any Distribution Date, the Trustee determines that amounts are available out of the Pool Distribution Amount (after giving effect to the last sentence of this paragraph) for distributions of principal on any For each Class of the Special Retail Certificates, on the first Distribution Date with respect to which the Master Servicer determines that principal is required to be distributed to such Class pursuant to Section 4.04(a)(ii), and the aggregate amount allocable of such principal is not an amount equal to an integral multiple of $1,000, the Master Servicer shall notify the Trustee by Noon New York City time two Business Days prior to such distributions Distribution Date of the applicable Rounding Amount, and the Trustee shall withdraw such Rounding Amount from the applicable Rounding Account. On each succeeding Distribution Date, prior to the earlier of (i) the Group II Credit Support Depletion Date and (ii) the date on which any loss is allocated to such Class of Special Retail Certificates or its Corresponding Class by Pro Rata Allocation, with respect to which the Master Servicer determines that principal is required to be distributed to such Class pursuant to Section 4.04(a)(ii), the aggregate amount of such principal will be applied first to repay to the applicable Rounding Account any funds withdrawn from such Rounding Account on prior Distribution Dates which have not been repaid. If the remainder of such aggregate amount of principal is not an amount equal to an integral multiple of $1,000, the Master Servicer shall notify the Trustee by Noon New York City time two Business Days prior to such Distribution Date of the applicable Rounding Amount, and the Trustee shall withdraw from the applicable Rounding Account an amount whichAccount, when added to the amount allocable to such distributions of principal, would be an integral multiple of $1,000 (the "Rounding Amount"). On each Distribution Date prior to the earlier of (a) the Senior Credit Support Depletion Date and (b) the date on which any loss is allocated to any Class of the Special Retail Certificates, with respect to which the Trustee determines that amounts extent funds are available out of the Pool Distribution Amount for distributions of principal on any Class of Special Retail Certificatestherein, the aggregate amount allocable to such Class will be applied first to repay any funds withdrawn from so notified by the applicable Rounding Account on prior Distribution Dates which have not been repaidMaster Servicer. Any amounts withdrawn by the Trustee from any Rounding Account shall be deposited in the Certificate Account for distribution to the Holders of the applicable Class of Special Retail Certificates as described in the immediately preceding paragraph. On or promptly after paragraph (and shall be deemed to have been distributed to the earlier of (i) the Senior Credit Support Depletion Date and (ii) the date on which any loss is allocated to any Corresponding Class of the each such Class of Special Retail Certificates, as applicable, and deposited for its benefit into the Trustee shall remit to Banc of America Securities LLC any amounts remaining Certificate Account in the applicable Rounding Accountaccordance with Section 4.01(ii)). Amounts on deposit in the Rounding Accounts shall not be invested. Each On the first Distribution Date after the earliest of (i) the Group II Credit Support Depletion Date, (ii) the date on which any loss is allocated to the Special Retail Certificates or their Corresponding Classes by Pro Rata Allocation and (iii) the date on which the applicable Class Principal Balance of such Class of Special Retail Certificates has been reduced to zero, the Trustee shall remit any amounts then remaining on deposit in the applicable Rounding Account established hereunder, or Accounts to the extent that it constitutes a "reserve fund" for purposes Holders of the REMIC Provisions, shall be an "outside reserve fund" as defined in Section 1.860G-2(h) of the Treasury Regulations, and in that regard (A) such Rounding Account shall be an outside reserve fund and not an asset of the either of the Upper-Tier REMIC or Lower-Tier REMIC, (B) such Rounding Account shall be owned for federal tax purposes by Banc of America Securities LLC and Banc of America Securities LLC shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either REMIC to any Rounding Account shall be treated for all federal tax purposes as distributed by either REMIC to Banc of America Securities LLC.Class R-2 Certificates. 105
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Wamu Mortgage Pass Through Cert Series 2001-S8)
Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a two separate account accounts (each, a "Rounding Account") with respect to each of the Special Retail CertificatesClass A Components, and Banc of America Securities LLC shall deposit $999.99 in into each such Rounding Account. The Trustee Securities Administrator shall maintain such accounts account to provide, if needed, the applicable Rounding Amount (defined below) on any Distribution Date. If, on any Distribution Date, the Trustee Securities Administrator determines that amounts are available out of the Pool Distribution Amount for Loan Group 1 or Loan Group 2 (after giving effect to the last sentence repayment of this paragraphany funds withdrawn from the Rounding Accounts on prior Distribution Dates which have not been repaid) or out of payments on the Policy for distributions of principal on any the Class of the Special Retail Certificates, A Components and the aggregate amount allocable to such distributions of principal is not an amount equal to an integral multiple of $1,000, the Trustee Securities Administrator shall withdraw from the applicable Rounding Account an amount which, when added to the amount allocable to such distributions of principal, would be an integral multiple of $1,000 (the "Rounding Amount"). On each Distribution Date prior to the earlier of (a) the Senior Credit Support Depletion Date and (b) the date on which any loss is allocated Assured Guaranty fails to any Class pay an Insured Amount in respect of principal of the Special Retail Certificates, Class A Certificates with respect to which the Trustee Securities Administrator determines that amounts are available out of the Pool Distribution Amount for Loan Group 1 or Loan Group 2 for distributions of principal on any the Class of Special Retail A Certificates, the aggregate amount allocable to such each Class A Component will be applied first to repay any funds withdrawn from the applicable Rounding Account on prior Distribution Dates which have not been repaid. Any amounts withdrawn by the Trustee Securities Administrator from any each Rounding Account shall be deposited in the Certificate Account for distribution to the Holders of the Special Retail Class A Certificates as described in the preceding paragraph. On or promptly after the earlier of (i) the Senior Credit Support Depletion Date and (ii) the date on which any loss Assured Guaranty fails to pay an Insured Amount in respect of principal on the Class A Certificates or the Class Certificate Balance thereof is allocated reduced to any Class of the Special Retail Certificateszero, the Trustee Securities Administrator shall remit to Banc of America Securities LLC any amounts remaining in the applicable Rounding Account. Amounts on deposit in the each Rounding Accounts Account shall not be invested. Each Rounding Account established hereunder, to the extent that it constitutes a "reserve fund" for purposes of the REMIC Provisions, shall be an "outside reserve fund" as defined in Section 1.860G-2(h) of the Treasury Regulations, and in that regard (A) such each Rounding Account shall be an outside reserve fund and not an asset of the either of the Upper-Tier REMIC or Lower-Tier REMIC, (B) such each Rounding Account shall be owned for federal tax purposes by Banc of America Securities LLC and Banc of America Securities LLC shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either the Lower-Tier REMIC to any each Rounding Account shall be treated for all federal tax purposes as distributed by either the Lower-Tier REMIC to Banc of America Securities LLC.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Banc of America Funding Corp. 2005-4 Trust)
Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a separate account (each, a "Rounding Account") with respect to each of the Special Retail Certificates, and Banc of America Securities LLC shall deposit $999.99 in each such Rounding Account. The Trustee shall maintain such accounts to provide, if needed, the applicable Rounding Amount (defined below) on any Distribution Date. If, on any Distribution Date, the Trustee determines that amounts are available out of the Pool Distribution Amount for Loan Group 1 (after giving effect to the last sentence of this paragraph) for distributions of principal on any Class of the Special Retail Certificates, and the aggregate amount allocable to such distributions of principal is not an amount equal to an integral multiple of $1,000, the Trustee shall withdraw from the applicable Rounding Account an amount which, when added to the amount allocable to such distributions of principal, would be an integral multiple of $1,000 (the "Rounding Amount"). On each Distribution Date prior to the earlier of (a) the Senior Credit Support Depletion Date for Group 1 and (b) the date on which any loss is allocated to any Class of the Special Retail Certificates, with respect to which the Trustee determines that amounts are available out of the Pool Distribution Amount for Loan Group 1 for distributions of principal on any Class of Special Retail Certificates, the aggregate amount allocable to such Class will be applied first to repay any funds withdrawn from the applicable Rounding Account on prior Distribution Dates which have not been repaid. Any amounts withdrawn by the Trustee from any Rounding Account shall be deposited in the Certificate Account for Group 1 for distribution to the Holders of the Special Retail Certificates as described in the preceding paragraph. On or promptly after the earlier of (i) the Senior Credit Support Depletion Date for Group 1 and (ii) the date on which any loss is allocated to any Class of the Special Retail Certificates, the Trustee shall remit to Banc of America Securities LLC any amounts remaining in the applicable Rounding Account. Amounts on deposit in the Rounding Accounts shall not be invested. Each Rounding Account established hereunder, to the extent that it constitutes a "reserve fund" for purposes of the REMIC Provisions, shall be an "outside reserve fund" as defined in Section 1.860G-2(h) of the Treasury Regulations, and in that regard (A) such Rounding Account shall be an outside reserve fund and not an asset of the either of the Upper-Tier REMIC 1 or Lower-Tier REMICREMIC 2, (B) such Rounding Account shall be owned for federal tax purposes by Banc of America Securities LLC and Banc of America Securities LLC shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either REMIC 1 to any Rounding Account shall be treated for all federal tax purposes as distributed by either REMIC 1 to Banc of America Securities LLC.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bank of America Mor Sec Inc Mor Pass Through Cert Ser 2001-6)
Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a separate account (each, a "Rounding Account") with respect to each Class of the Special Retail Certificates, Lottery Certificates a Rounding Account and Banc of America Securities Credit Suisse First Boston LLC shall deposit $999.99 in each such Rounding AccountAccount $999.99 therein. The Trustee shall maintain each such accounts account to provide, if needed, the applicable Rounding Amount (defined below) on any Distribution Date. If, on any On the first Distribution Date, Date with respect to which the Trustee Servicer determines that amounts are available out of the Pool applicable Available Distribution Amount (after giving effect to the last sentence of this paragraph) for distributions of principal on any Class of the Special Retail Lottery Certificates, and the aggregate amount allocable to such distributions of principal is not an amount equal to an integral multiple of $1,000, the Servicer shall notify the Trustee by noon New York City time, two Business Days prior to such Distribution Date of the applicable Rounding Amount, and the Trustee shall withdraw from the Rounding Account the applicable Rounding Account an amount which, when added to the amount allocable to such distributions of principal, would be an integral multiple of $1,000 (the "Rounding Amount"). On each succeeding Distribution Date Date, prior to the earlier of (a) the Senior Credit Support Depletion Date and (b) the date on which any loss is allocated to any Class of the Special Retail CertificatesDate, with respect to which the Trustee Servicer determines that amounts are available out of the Pool applicable Available Distribution Amount for distributions of principal on any Class of Special the Retail Lottery Certificates, the aggregate amount allocable to such Class will be applied first to repay replenish any funds withdrawn from the applicable related Rounding Account on prior Distribution Dates which have not been repaid. If the remainder of the aggregate amount allocable to distributions of principal to the Retail Lottery Certificates is not an amount equal to an integral multiple of $1,000, the Servicer shall notify the Trustee by noon New York City time, two Business Days prior to such Distribution Date of the applicable Rounding Amount, and the Trustee shall withdraw from the related Rounding Account, to the extent funds are available therein, the applicable Rounding Amount. Any amounts withdrawn by the Trustee from any Rounding Account shall be deposited in the Certificate Account for distribution to the Holders of the Special related Retail Lottery Certificates as described in the immediately preceding paragraph. On or promptly after the earlier of (i) the Senior Credit Support Depletion Date and (ii) the date on which any loss is allocated to any Class of the Special Retail Certificates, the Trustee shall remit to Banc of America Securities LLC any amounts remaining in the applicable Rounding Account. Amounts on deposit in the any Rounding Accounts Account shall not be invested. Each Rounding Account established hereunder, to the extent that it constitutes shall be a "qualified reserve fund" for purposes of under the REMIC Provisions, shall be an "outside reserve fund" as defined in Section 1.860G-2(h) of the Treasury Regulations, and in that regard (A) such Rounding Account shall be an outside reserve fund and not an asset of the either of the Upper-Tier REMIC or Lower-Tier REMIC, (B) such Rounding Account shall be owned for federal tax purposes by Banc of America Securities LLC and Banc of America Securities LLC shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either REMIC to any Rounding Account shall be treated for all federal tax purposes as distributed by either REMIC to Banc of America Securities LLC.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Multi-Class Mor Pas THR Cer Ser 2003-11)
Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a separate account (each, a "the “Rounding Account"”) with respect to each of the Special Retail Class 2-A-4 Certificates, and Banc of America Securities LLC the Underwriter shall deposit an amount equal to $999.99 in each such the Rounding Account. The Trustee shall maintain such accounts the Rounding Account to provide, if needed, the applicable Rounding Amount Amounts (defined below) on any Distribution Date. If, on any Distribution Date, based solely on the statement provided by the Master Servicer pursuant to Section 4.04(a) hereof, the Trustee determines that amounts are available out of the Pool Distribution Amount (after giving effect to Group 2 Available Funds or out of payments on the last sentence of this paragraph) Policy for distributions of principal on any the Class of the Special Retail 2-A-4 Certificates, and the aggregate amount allocable to such distributions of principal is not an amount equal to an integral multiple of $1,000, the Trustee shall withdraw from the applicable Rounding Account an amount which, when added to the amount allocable to such distributions of principalprincipal for such Class, would be an integral multiple of $1,000 (the "“Rounding Amount"”). On each Distribution Date prior to the earlier of (a) the Senior Credit Support Depletion Date and (b) the date on which any loss is allocated to any Realized Loss would decrease the Class Certificate Balance of the Special Retail Class 2-A-4 Certificates, with respect to which the Trustee determines that amounts are available out of the Pool Distribution Amount Group 2 Available Funds for distributions of principal on any the Class of Special Retail 2-A-4 Certificates, the aggregate amount allocable to such the Class 2-A-4 Certificates will be applied first to repay any funds withdrawn from the applicable Rounding Account on prior Distribution Dates which have not been repaid. Any amounts withdrawn by the Trustee from any the Rounding Account shall be deposited in the Certificate Distribution Account for distribution to the Holders of the Special Retail Class 2-A-4 Certificates as described in the preceding paragraph. On or promptly after the earlier date the Certificate Principal Balance of (i) the Senior Credit Support Depletion Date and (ii) Class 2-A-4 Certificates has been reduced to zero or the date on which any loss is allocated MBIA fails to any Class make an Insured Payment in respect of the Special Retail Certificatesprincipal, the Trustee shall remit to Banc of America Securities LLC the Underwriter any amounts remaining in the applicable Rounding Account. If the amount so remitted to the Underwriter is less than $999.99, on each Distribution Date following the date of such remittance, the Trustee shall withdraw from the Certificate Account, from the Group 2 Available Funds remaining following distributions according to Section 4.02(a)(i) item first, the excess of $999.99 over the amount so remitted and remit such amount withdrawn to the Underwriter, until the total amount remitted to the Underwriter pursuant to this paragraph is equal to $999.99. Amounts on deposit in the Rounding Accounts Account shall not be invested. Each Rounding Account established hereunder, to the extent that it constitutes a "reserve fund" for purposes of the REMIC Provisions, shall be an "outside reserve fund" as defined in Section 1.860G-2(h) of the Treasury Regulations, and in that regard (A) such Rounding Account shall be an outside reserve fund and not an asset of the either of the Upper-Tier REMIC or Lower-Tier REMIC, (B) such Rounding Account shall be owned for federal tax purposes by Banc of America Securities LLC and Banc of America Securities LLC shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either REMIC to any Rounding Account shall be treated for all federal tax purposes as distributed by either REMIC to Banc of America Securities LLC.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mastr Asset Securitization Trust 2003-1)
Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a separate account (each, a "“Rounding Account"”) with respect to each Class of the Special Retail Certificates, and Banc of America Securities LLC the Underwriter shall deposit an amount equal to $999.99 in each such Rounding Account. The Trustee shall maintain such accounts each Rounding Account to provide, if needed, the applicable Rounding Amount Amounts (defined below) on any Distribution Date. If, on any Distribution Date, the Trustee determines based on the information provided by the Master Servicer that amounts are available out of the Pool Distribution Amount Available Funds for Loan Group 3 (after giving effect to the last sentence of this paragraph) for distributions of principal on any such Class of the Special Retail Certificates, and the aggregate amount allocable to such distributions of principal is not an amount equal to an integral multiple of $1,000, the Trustee shall withdraw from the applicable Rounding Account related to such Class of Special Retail Certificates an amount which, when added to the amount allocable to such distributions of principalprincipal for such Class, would be an integral multiple of $1,000 (the "“Rounding Amount"”). On each Distribution Date prior to the earlier of (a) the Senior Credit Support Depletion Date and (b) the date on which any loss is allocated to Realized Loss would decrease the Class Certificate Balance of any Class of the Special Retail Certificates, with respect to which the Trustee determines that amounts are available out of the Pool Distribution Amount Available Funds for Loan Group 3 for distributions of principal on any such Class of Special Retail Certificates, the aggregate amount allocable to such Class will be applied first to repay any funds withdrawn from the applicable related Rounding Account on prior Distribution Dates which have not been repaid. For federal tax return and information reporting purposes, each Rounding Account shall be considered to have a value of $999.99. Any amounts withdrawn by the Trustee from any Rounding Account shall be deposited in the Certificate Distribution Account for distribution to the Holders of the related Special Retail Certificates as described in the preceding paragraph. On or promptly after the earlier date the Certificate Principal Balance of (i) the Senior Credit Support Depletion Date and (ii) any Class of Special Retail Certificates has been reduced to zero or the date on which any loss is allocated MBIA fails to any Class make an Insured Payment in respect of the Special Retail Certificatesprincipal, the Trustee shall remit to Banc of America Securities LLC the Underwriter any amounts remaining in the applicable related Rounding Account. Amounts on deposit in the Rounding Accounts shall not be invested. Each The Rounding Account Accounts established hereunder, to the extent that it constitutes a "they constitute “reserve fund" funds” for purposes of the REMIC Provisions, shall in each case be an "“outside reserve fund" ” as defined in Section 1.860G-2(h) of the Treasury Regulations, and in that regard (A) such the Rounding Account Accounts shall be an outside reserve fund and not an asset assets of any of the either of the Upper-Tier REMIC or Lower-Tier REMICREMICs, (B) such the Rounding Account Accounts shall be owned for federal tax purposes by Banc of America Securities LLC the Underwriter and Banc of America Securities LLC the Underwriter shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either REMIC any of the REMICs to any the Rounding Account Accounts shall be treated for all federal tax purposes as distributed by either the applicable REMIC to Banc of America Securities LLCthe Underwriter.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Asset Seczt Trans Inc Mort Pass Thru Certs 2003-8)
Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a separate account (each, a "Rounding Account") with respect to each Class of the Special Retail Certificates, Lottery Certificates a Rounding Account and Banc of America Securities LLC Credit Suisse First Boston Corporation shall deposit $999.99 in each such Rounding AccountAccount $999.99 therein. The Trustee shall maintain each such accounts account to provide, if needed, the applicable Rounding Amount (defined below) on any Distribution Date. If, on any On the first Distribution Date, Date with respect to which the Trustee Servicer determines that amounts are available out of the Pool applicable Available Distribution Amount (after giving effect to the last sentence of this paragraph) for distributions of principal on any Class of the Special Retail Lottery Certificates, and the aggregate amount allocable to such distributions of principal is not an amount equal to an integral multiple of $1,000, the Servicer shall notify the Trustee by noon New York City time, two Business Days prior to such Distribution Date of the applicable Rounding Amount, and the Trustee shall withdraw from the Rounding Account the applicable Rounding Account an amount which, when added to the amount allocable to such distributions of principal, would be an integral multiple of $1,000 (the "Rounding Amount"). On each succeeding Distribution Date Date, prior to the earlier of (a) the Senior Credit Support Depletion Date and (b) the date on which any loss is allocated to any Class of the Special Retail CertificatesDate, with respect to which the Trustee Servicer determines that amounts are available out of the Pool applicable Available Distribution Amount for distributions of principal on any Class of Special the Retail Lottery Certificates, the aggregate amount allocable to such Class will be applied first to repay replenish any funds withdrawn from the applicable related Rounding Account on prior Distribution Dates which have not been repaid. If the remainder of the aggregate amount allocable to distributions of principal to the Retail Lottery Certificates is not an amount equal to an integral multiple of $1,000, the Servicer shall notify the Trustee by noon New York City time, two Business Days prior to such Distribution Date of the applicable Rounding Amount, and the Trustee shall withdraw from the related Rounding Account, to the extent funds are available therein, the applicable Rounding Amount. Any amounts withdrawn by the Trustee from any Rounding Account shall be deposited in the Certificate Account for distribution to the Holders of the Special related Retail Lottery Certificates as described in the immediately preceding paragraph. On or promptly after the earlier of (i) the Senior Credit Support Depletion Date and (ii) the date on which any loss is allocated to any Class of the Special Retail Certificates, the Trustee shall remit to Banc of America Securities LLC any amounts remaining in the applicable Rounding Account. Amounts on deposit in the any Rounding Accounts Account shall not be invested. Each Rounding Account established hereunder, to the extent that it constitutes a "reserve fund" for purposes of the REMIC Provisions, shall be an "outside reserve fund" as defined in Section 1.860G-2(h) of the Treasury Regulations, and in that regard (A) such Rounding Account shall be an outside reserve fund and not an asset of the either of the Upper-Tier REMIC or Lower-Tier REMIC, (B) such Rounding Account shall be owned for federal tax purposes by Banc of America Securities LLC and Banc of America Securities LLC shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either REMIC to any Rounding Account shall be treated for all federal tax purposes as distributed by either REMIC to Banc of America Securities LLC.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2002-9)
Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a separate account (each, a "“Rounding Account"”) with respect to each Class of the Special Retail Certificates, and Banc of America UBS Securities LLC shall deposit an amount equal to $999.99 in each such Rounding Account. The Trustee shall maintain such accounts each Rounding Account to provide, if needed, the applicable Rounding Amount Amounts (defined below) on any Distribution Date. If, on any Distribution Date, the Trustee determines based on the information provided by the Master Servicer that amounts are available out of the Pool Distribution Amount Group 5 Available Funds (after giving effect to the last sentence of this paragraph) for distributions of principal on any such Class of the Special Retail Certificates, and the aggregate amount allocable to such distributions of principal is not an amount equal to an integral multiple of $1,000, the Trustee shall withdraw from the applicable Rounding Account related to such Class of Special Retail Certificates an amount which, when added to the amount allocable to such distributions of principalprincipal for such Class, would be an integral multiple of $1,000 (the "“Rounding Amount"”). On each Distribution Date prior to the earlier of (a) the Senior Credit Support Depletion Date and (b) the date on which any loss is allocated to Realized Loss would decrease the Class Certificate Balance of any Class of the Special Retail Certificates, with respect to which the Trustee determines that amounts are available out of the Pool Distribution Amount Group 5 Available Funds for distributions of principal on any such Class of Special Retail Certificates, the aggregate amount allocable to such Class will be applied first to repay any funds withdrawn from the applicable related Rounding Account on prior Distribution Dates which have not been repaid. For federal tax return and information reporting purposes, each Rounding Account shall be considered to have a value of $999.99. Any amounts withdrawn by the Trustee from any Rounding Account shall be deposited in the Certificate Distribution Account for distribution to the Holders of the related Special Retail Certificates as described in the preceding paragraph. On or promptly after the earlier date the Certificate Principal Balance of (i) the Senior Credit Support Depletion Date and (ii) the date on which any loss is allocated to any Class of the Special Retail CertificatesCertificates has been reduced to zero, the Trustee shall remit to Banc of America UBS Securities LLC any amounts remaining in the applicable related Rounding Account. Amounts on deposit in the Rounding Accounts shall not be invested. Each Rounding Account established hereunder, to the extent that it constitutes a "reserve fund" for purposes of the REMIC Provisions, shall be an "outside reserve fund" as defined in Section 1.860G-2(h) of the Treasury Regulations, and in that regard (A) such Rounding Account shall be an outside reserve fund and not an asset of the either of the Upper-Tier REMIC or Lower-Tier REMIC, (B) such Rounding Account shall be owned for federal tax purposes by Banc of America Securities LLC and Banc of America Securities LLC shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either REMIC to any Rounding Account shall be treated for all federal tax purposes as distributed by either REMIC to Banc of America Securities LLC.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mastr Asset Securitization Trust 2004-1)
Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a separate account (each, a the "Rounding Account") with respect to each of the Special Retail Certificates, and Banc of America Securities LLC shall deposit $999.99 in each such the Rounding Account. The Trustee shall maintain such accounts to provide, if needed, the applicable Rounding Amount (defined below) on any Distribution Date. If, on any Distribution Date, the Trustee determines that amounts are available out of the Pool Distribution Amount for Loan Group 1 (after giving effect to the last sentence of this paragraph) for distributions of principal on any Class of the Special Retail Certificates, and the aggregate amount allocable to such distributions of principal is not an amount equal to an integral multiple of $1,000, the Trustee shall withdraw from the applicable Rounding Account an amount which, when added to the amount allocable to such distributions of principal, would be an integral multiple of $1,000 (the "Rounding Amount"). On each Distribution Date prior to the earlier of (a) the Senior Credit Support Depletion Date for Group 1 and (b) the date on which any loss is allocated to any Class of the Special Retail Certificates, with respect to which the Trustee determines that amounts are available out of the Pool Distribution Amount for Loan Group 1 for distributions of principal on any Class of the Special Retail Certificates, the aggregate amount allocable to such Class will be applied first to repay any funds withdrawn from the applicable Rounding Account on prior Distribution Dates which have not been repaid. Any amounts withdrawn by the Trustee from any Rounding Account shall be deposited in the Certificate Account for Group 1 for distribution to the Holders of the Special Retail Certificates as described in the preceding paragraph. On or promptly after the earlier of (i) the Senior Credit Support Depletion Date for Group 1 and (ii) the date on which any loss is allocated to any Class of the Special Retail Certificates, the Trustee shall remit to Banc of America Securities LLC any amounts remaining in the applicable Rounding Account. Amounts on deposit in the Rounding Accounts Account shall not be invested. Each The Rounding Account established hereunder, to the extent that it constitutes a "reserve fund" for purposes of the REMIC Provisions, shall be an "outside reserve fund" as defined in Section 1.860G-2(h) of the Treasury Regulations, and in that regard (A) such Rounding Account shall be an outside reserve fund and not an asset of the either of the Upper-Tier REMIC or Lower-Tier REMIC, (B) such Rounding Account shall be owned for federal tax purposes by Banc of America Securities LLC and Banc of America Securities LLC shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either the Lower-Tier REMIC to any Rounding Account shall be treated for all federal tax purposes as distributed by either the Lower-Tier REMIC to Banc of America Securities LLC.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 2001-8)
Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a separate account (each, a "Rounding Account") with respect to each of the Special Retail Class A-14 and Class A-16 Certificates, and Banc of America NationsBanc Xxxxxxxxxx Securities LLC shall deposit $999.99 in each such Rounding Account. The Trustee shall maintain such accounts to provide, if needed, the applicable Rounding Amount (defined below) on any Distribution Date. If, on any Distribution Date, the Trustee determines that amounts are available out of the Pool Distribution Amount (after giving effect to the last sentence of this paragraph) for distributions of principal on any Class of the Special Retail Certificates, and the aggregate amount allocable to such distributions of principal is not an amount equal to an integral multiple of $1,000, the Trustee shall withdraw from the applicable Rounding Account an amount which, when added to the amount allocable to such distributions of principal, would be an integral multiple of $1,000 (the "Rounding Amount"). On each Distribution Date prior to the earlier of (a) the Senior Credit Support Depletion Date and (b) the date on which any loss is allocated to any Class of the Special Retail Certificates, with respect to which the Trustee determines that amounts are available out of the Pool Distribution Amount for distributions of principal on any either Class of Special Retail Certificates, the aggregate amount allocable to such Class will be applied first to repay any funds withdrawn from the applicable Rounding Account on prior Distribution Dates which have not been repaid. Any amounts withdrawn by the Trustee from any Rounding Account shall be deposited in the Certificate Account for distribution to the Holders of the Special Retail Certificates as described in the preceding paragraph. On or promptly after the earlier of (i) the Senior Credit Support Depletion Date and (ii) the date on which any loss is allocated to any Class of the Special Retail Certificates, the Trustee shall remit to Banc of America NationsBanc Xxxxxxxxxx Securities LLC any amounts remaining in the applicable Rounding Account. Amounts on deposit in the Rounding Accounts shall not be invested. Each Rounding Account established hereunder, to the extent that it constitutes a "reserve fund" for purposes of the REMIC Provisions, shall be an "outside reserve fund" as defined in Section 1.860G-2(h) of the Treasury Regulations, and in that regard (A) such Rounding Account shall be an outside reserve fund and not an asset of the either of the Upper-Tier REMIC or Lower-Tier REMIC, (B) such Rounding Account shall be owned for federal tax purposes by Banc of America NationsBanc Xxxxxxxxxx Securities LLC and Banc of America NationsBanc Xxxxxxxxxx Securities LLC shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either REMIC to any Rounding Account shall be treated for all federal tax purposes as distributed by either REMIC to Banc of America NationsBanc Xxxxxxxxxx Securities LLC.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bank of America Mortgage Securities Inc)
Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a separate account (each, a "Rounding Account") with respect to each Class of the Special Retail Certificates, and Banc of America Securities LLC shall deposit $999.99 in each such Rounding Account. The Trustee shall maintain such accounts to provide, if needed, the applicable Rounding Amount (defined below) on any Distribution Date. If, on any Distribution Date, the Trustee determines that amounts are available out of the Pool Distribution Amount for Loan Group 1 (after giving effect to the last sentence of this paragraph) for distributions of principal on any Class of the Special Retail Certificates, and the aggregate amount allocable to such distributions of principal is not an amount equal to an integral multiple of $1,000, the Trustee shall withdraw from the applicable Rounding Account an amount which, when added to the amount allocable to such distributions of principal, would be an integral multiple of $1,000 (the "Rounding Amount"). On each Distribution Date prior to the earlier of (a) the Senior Credit Support Depletion Date for Group 1 and (b) the date on which any loss is allocated to any Class of the Special Retail Certificates, with respect to which the Trustee determines that amounts are available out of the Pool Distribution Amount for Loan Group 1 for distributions of principal on any Class of Special Retail Certificates, the aggregate amount allocable to such Class will be applied first to repay any funds withdrawn from the applicable Rounding Account on prior Distribution Dates which have not been repaid. Any amounts withdrawn by the Trustee from any Rounding Account shall be deposited in the Certificate Account for Group 1 for distribution to the Holders of the Special Retail Certificates as described in the preceding paragraph. On or promptly after the earlier of (i) the Senior Credit Support Depletion Date for Group 1 and (ii) the date on which any loss is allocated to any Class of the Special Retail Certificates, the Trustee shall remit to Banc of America Securities LLC any amounts remaining in the applicable Rounding Account. Amounts on deposit in the Rounding Accounts shall not be invested. Each Rounding Account established hereunder, to the extent that it constitutes a "reserve fund" for purposes of the REMIC Provisions, shall be an "outside reserve fund" as defined in Section 1.860G-2(h) of the Treasury Regulations, and in that regard (A) such Rounding Account shall be an outside reserve fund and not an asset of the either of the Upper-Tier REMIC or Lower-Tier REMIC, (B) such Rounding Account shall be owned for federal tax purposes by Banc of America Securities LLC and Banc of America Securities LLC shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either the Lower-Tier REMIC to any Rounding Account shall be treated for all federal tax purposes as distributed by either the Lower-Tier REMIC to Banc of America Securities LLC.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Pass Through Certificates Series 2001-9)
Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a separate account (each, a "Rounding Account") with respect to each Class of the Special Retail Certificates, and Banc of America Securities LLC the Underwriter shall deposit an amount equal to $999.99 in each such Rounding Account. The Trustee shall maintain such accounts each Rounding Account to provide, if needed, the applicable Rounding Amount Amounts (defined below) on any Distribution Date. If, on any Distribution Date, the Trustee determines that amounts are available out of the Pool Distribution Amount Available Funds for Loan Group 4 (with respect to the Class 4-A-4 Certificates) or Loan Group 7 (with respect to the Class 7-A-7, Class 7-A-8 and Class 7-A-12 Certificates) (after giving effect to the last sentence of this paragraph) or, with respect to the Class 4-A-4 Certificates, out of payments on the Policy, for distributions of principal on any such Class of the Special Retail Certificates, and the aggregate amount allocable to such distributions of principal is not an amount equal to an integral multiple of $1,000, the Trustee shall withdraw from the applicable Rounding Account related to such Class of Special Retail Certificates an amount which, when added to the amount allocable to such distributions of principalprincipal for such Class, would be an integral multiple of $1,000 (the "Rounding Amount"). On each Distribution Date prior to the earlier of (a) the Senior Credit Support Depletion Date and (b) the date on which any loss is allocated to Realized Loss would decrease the Class Certificate Balance of any Class of the Special Retail Certificates, with respect to which the Trustee determines that amounts are available out of Available Funds for the Pool Distribution Amount related Loan Group for distributions of principal on any such Class of Special Retail Certificates, the aggregate amount allocable to such Class will be applied first to repay any funds withdrawn from the applicable related Rounding Account on prior Distribution Dates which have not been repaid. For federal tax return and information reporting purposes, each Rounding Account shall be considered to have a value of $999.99. Any amounts withdrawn by the Trustee from any Rounding Account shall be deposited in the Certificate Distribution Account for distribution to the Holders of the related Special Retail Certificates as described in the preceding paragraph. On or promptly after the earlier date the Certificate Principal Balance of (i) any Class of Special Retail Certificates has been reduced to zero or, with respect to the Senior Credit Support Depletion Date and (ii) Class 4-A-4 Certificates the date on which any loss is allocated MBIA fails to any Class make an Insured Payment in respect of the Special Retail Certificatesprincipal, the Trustee shall remit to Banc of America Securities LLC the Underwriter any amounts remaining in the applicable related Rounding Account. Amounts on deposit in the Rounding Accounts shall not be invested. Each The Rounding Account Accounts established hereunder, to the extent that it constitutes a they constitute "reserve fundfunds" for purposes of the REMIC Provisions, shall in each case be an "outside reserve fund" as defined in Section 1.860G-2(h) of the Treasury Regulations, and in that regard (A) such the Rounding Account Accounts shall be an outside reserve fund and not an asset assets of any of the either of the Upper-Tier REMIC or Lower-Tier REMICREMICs, (B) such the Rounding Account Accounts shall be owned for federal tax purposes by Banc of America Securities LLC the Underwriter and Banc of America Securities LLC the Underwriter shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either REMIC any of the REMICs to any the Rounding Account Accounts shall be treated for all federal tax purposes as distributed by either the applicable REMIC to Banc of America Securities LLCthe Underwriter.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Cert Ser 2002-6)
Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a separate account (each, a "the Rounding Account") with respect to each of the Special Retail CertificatesAccounts, and Banc of America Securities LLC the Underwriter shall deposit $999.99 in each such Rounding Account. The Trustee Master Servicer shall maintain such accounts to provide, if needed, the applicable Rounding Amount (defined below) on any Distribution Date. If, on any Distribution Date, the Trustee determines that amounts are available out of the Pool Distribution Amount (after giving effect to the last sentence of this paragraph) for distributions of principal on any For each Class of the Special Retail Certificates, on the first Distribution Date with respect to which the Master Servicer determines that principal is required to be distributed to such Class pursuant to Section 4.04(a)(ii), and the aggregate amount allocable of such principal is not an amount equal to an integral multiple of $1,000, the Master Servicer shall notify the Trustee by Noon New York City time two Business Days prior to such distributions Distribution Date of the applicable Rounding Amount, and the Trustee shall withdraw such Rounding Amount from the applicable Rounding Account. On each succeeding Distribution Date, prior to the earlier of (i) the Group C-B Credit Support Depletion Date and (ii) the date on which any loss is allocated to such Class of Special Retail Certificates or its Corresponding Class by Pro Rata Allocation, with respect to which the Master Servicer determines that principal is required to be distributed to such Class pursuant to Section 4.04(a)(ii), the aggregate amount of such principal will be applied first to repay to the applicable Rounding Account any funds withdrawn from such Rounding Account on 118 prior Distribution Dates which have not been repaid. If the remainder of such aggregate amount of principal is not an amount equal to an integral multiple of $1,000, the Master Servicer shall notify the Trustee by Noon New York City time two Business Days prior to such Distribution Date of the applicable Rounding Amount, and the Trustee shall withdraw from the applicable Rounding Account an amount whichAccount, when added to the amount allocable to such distributions of principal, would be an integral multiple of $1,000 (the "Rounding Amount"). On each Distribution Date prior to the earlier of (a) the Senior Credit Support Depletion Date and (b) the date on which any loss is allocated to any Class of the Special Retail Certificates, with respect to which the Trustee determines that amounts extent funds are available out of the Pool Distribution Amount for distributions of principal on any Class of Special Retail Certificatestherein, the aggregate amount allocable to such Class will be applied first to repay any funds withdrawn from so notified by the applicable Rounding Account on prior Distribution Dates which have not been repaidMaster Servicer. Any amounts withdrawn by the Trustee from any Rounding Account shall be deposited in the Certificate Account for distribution to the Holders of the applicable Class of Special Retail Certificates as described in the immediately preceding paragraph. On or promptly after paragraph (and shall be deemed to have been distributed to the earlier of (i) the Senior Credit Support Depletion Date and (ii) the date on which any loss is allocated to any Corresponding Class of the each such Class of Special Retail Certificates, the Trustee shall remit to Banc of America Securities LLC any amounts remaining in the applicable Rounding Account. Amounts on deposit in the Rounding Accounts shall not be invested. Each Rounding Account established hereunder, to the extent that it constitutes a "reserve fund" for purposes of the REMIC Provisions, shall be an "outside reserve fund" as defined in Section 1.860G-2(h) of the Treasury Regulationsapplicable, and deposited for its benefit into the Certificate Account in that regard (A) such Rounding Account shall be an outside reserve fund and not an asset of the either of the Upper-Tier REMIC or Lower-Tier REMIC, (B) such Rounding Account shall be owned for federal tax purposes by Banc of America Securities LLC and Banc of America Securities LLC shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either REMIC to any Rounding Account shall be treated for all federal tax purposes as distributed by either REMIC to Banc of America Securities LLCaccordance with Section 4.01(i)).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Washington Mutual Mortgage Sec Corp Mor Pas Thru Cert 2001-7)
Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a separate account (each, a "the Rounding Account") with respect to each of the Special Retail CertificatesAccounts, and Banc of America Securities LLC the Underwriter shall deposit $999.99 in each such Rounding Account. The Trustee Servicer shall maintain such accounts to provide, if needed, the applicable Rounding Amount (defined below) on any Distribution Date. If, on any Distribution Date, the Trustee determines that amounts are available out of the Pool Distribution Amount (after giving effect to the last sentence of this paragraph) for distributions of principal on any For each Class of the Special Retail Certificates, on the first Distribution Date with respect to which the Servicer determines that principal is required to be distributed to such Class pursuant to Section 4.05(a)(ii), and the aggregate amount allocable of such principal is not an amount equal to an integral multiple of $1,000, the Servicer shall notify the Trustee by Noon New York City time two Business Days prior to such distributions Distribution Date of the applicable Rounding Amount, and the Trustee shall withdraw such Rounding Amount from the applicable Rounding Account. On each succeeding Distribution Date, prior to the Credit Support Depletion Date, with respect to which the Servicer determines that principal is required to be distributed to such Class pursuant to Section 4.05(a)(ii), the Servicer will instruct that the aggregate amount of such principal will be applied first to repay to the applicable Rounding Account any funds withdrawn from such Rounding Account on prior Distribution Dates which have not been repaid. If the remainder of such aggregate amount of principal is not an amount equal to an integral multiple of $1,000, the Servicer shall notify the Trustee by Noon New York City time two Business Days prior to such Distribution Date of the applicable Rounding Amount, and the Trustee shall withdraw from the applicable Rounding Account an amount whichAccount, when added to the amount allocable to such distributions of principal, would be an integral multiple of $1,000 (the "Rounding Amount"). On each Distribution Date prior to the earlier of (a) the Senior Credit Support Depletion Date and (b) the date on which any loss is allocated to any Class of the Special Retail Certificates, with respect to which the Trustee determines that amounts extent funds are available out of the Pool Distribution Amount for distributions of principal on any Class of Special Retail Certificatestherein, the aggregate amount allocable to such Class will be applied first to repay any funds withdrawn from so notified by the applicable Rounding Account on prior Distribution Dates which have not been repaidServicer. Any amounts withdrawn by the Trustee from any either Rounding Account shall be deposited in the Certificate Account for distribution to the Holders of the applicable Class of Special Retail Certificates as described in the immediately preceding paragraph. On or promptly after paragraph (and shall be deemed to have been distributed to the earlier of (i) the Senior Credit Support Depletion Date and (ii) the date on which any loss is allocated to any Corresponding Class of the each such Class of Special Retail Certificates, as applicable, and deposited for its benefit into the Trustee shall remit to Banc of America Securities LLC any amounts remaining Certificate Account in the applicable Rounding Accountaccordance with Section 4.04). Amounts on deposit in the Rounding Accounts shall not be invested. Each On the first Distribution Date after the earliest of (i) the Credit Support Depletion Date and (ii) the date on which the Class Principal Balance of the applicable Class of Special Retail Certificates has been reduced to zero, the Trustee shall remit any amounts then remaining on deposit in the applicable Rounding Account established hereunder, or Accounts to the extent that it constitutes a "reserve fund" for purposes Holders of the REMIC Provisions, shall be an "outside reserve fund" as defined in Section 1.860G-2(h) of the Treasury Regulations, and in that regard (A) such Rounding Account shall be an outside reserve fund and not an asset of the either of the Upper-Tier REMIC or Lower-Tier REMIC, (B) such Rounding Account shall be owned for federal tax purposes by Banc of America Securities LLC and Banc of America Securities LLC shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either REMIC to any Rounding Account shall be treated for all federal tax purposes as distributed by either REMIC to Banc of America Securities LLCClass R-3 Residual Interest.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Washington Mutual Mortgage Pass-Through Certificates, WMALT 2005-4)
Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a separate account (each, a "the Rounding Account") with respect to each of the Special Retail CertificatesAccounts, and Banc of America Securities LLC the Underwriter shall deposit $999.99 in each such Rounding Account. The Trustee Master Servicer shall maintain such accounts to provide, if needed, the applicable Rounding Amount (defined below) on any Distribution Date. If, on any Distribution Date, the Trustee determines that amounts are available out of the Pool Distribution Amount (after giving effect to the last sentence of this paragraph) for distributions of principal on any For each Class of the Special Retail Certificates, on the first Distribution Date with respect to which the Master Servicer determines that principal is required to be distributed to such Class pursuant to Section 4.04(a)(ii), and the aggregate amount allocable of such principal is not an amount equal to an integral multiple of $1,000, the Master Servicer shall notify the Trustee by Noon New York City time two Business Days prior to such distributions Distribution Date of the applicable Rounding Amount, and the Trustee shall withdraw such Rounding Amount from the applicable Rounding Account. On each succeeding Distribution Date, prior to the earlier of (i) the Credit Support Depletion Date and (ii) the date on which any loss is allocated to such Class of Special Retail Certificates or its Corresponding Class, with respect to which the Master Servicer determines that principal is required to be distributed to such Class pursuant to Section 4.05(a)(ii), the aggregate amount of such principal will be applied first to repay to the applicable Rounding Account any funds withdrawn from such Rounding Account on prior Distribution Dates which have not been repaid. If the remainder of such aggregate amount of principal is not an amount equal to an integral multiple of $1,000, the Master Servicer shall notify the Trustee by Noon New York City time two Business Days prior to such Distribution Date of the applicable Rounding Amount, and the Trustee shall withdraw from the applicable Rounding Account an amount whichAccount, when added to the amount allocable to such distributions of principal, would be an integral multiple of $1,000 (the "Rounding Amount"). On each Distribution Date prior to the earlier of (a) the Senior Credit Support Depletion Date and (b) the date on which any loss is allocated to any Class of the Special Retail Certificates, with respect to which the Trustee determines that amounts extent funds are available out of the Pool Distribution Amount for distributions of principal on any Class of Special Retail Certificatestherein, the aggregate amount allocable to such Class will be applied first to repay any funds withdrawn from so notified by the applicable Rounding Account on prior Distribution Dates which have not been repaidMaster Servicer. Any amounts withdrawn by the Trustee from any Rounding Account shall be deposited in the Certificate Account for distribution to the Holders of the applicable Class of Special Retail Certificates as described in the immediately preceding paragraph. On or promptly after paragraph (and shall be deemed to have been distributed to the earlier of (i) the Senior Credit Support Depletion Date and (ii) the date on which any loss is allocated to any Corresponding Class of the each such Class of Special Retail Certificates, as applicable, and deposited for its benefit into the Trustee shall remit to Banc of America Securities LLC any amounts remaining Certificate Account in the applicable Rounding Accountaccordance with Section 4.01(i)). Amounts on deposit in the Rounding Accounts shall not be invested. Each On the first Distribution Date after the earliest of (i) the Credit Support Depletion Date, (ii) the date on which any loss is allocated to the Special Retail Certificates or their Corresponding Classes and (iii) the date on which the applicable Class Principal Balance of such Class of Special Retail Certificates has been reduced to zero, the Trustee shall remit any amounts then remaining on deposit in the applicable Rounding Account established hereunder, or Accounts to the extent that it constitutes a "reserve fund" for purposes Holders of the REMIC Provisions, shall be an "outside reserve fund" as defined in Section 1.860G-2(h) of the Treasury Regulations, and in that regard (A) such Rounding Account shall be an outside reserve fund and not an asset of the either of the Upper-Tier REMIC or Lower-Tier REMIC, (B) such Rounding Account shall be owned for federal tax purposes by Banc of America Securities LLC and Banc of America Securities LLC shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either REMIC to any Rounding Account shall be treated for all federal tax purposes as distributed by either REMIC to Banc of America Securities LLCClass R-3 Residual Interest.
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Samples: Pooling and Servicing Agreement (Washington Mutual MSC Mort Pass-Through Cert Ser 2001-Ms12)
Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a separate account (each, a "the Rounding Account") with respect to each of the Special Retail CertificatesAccounts, and Banc of America Securities LLC the Underwriter shall deposit $999.99 in each such Rounding Account. The Trustee Servicer shall maintain such accounts to provide, if needed, the applicable Rounding Amount (defined below) on any Distribution Date. If, on any Distribution Date, the Trustee determines that amounts are available out of the Pool Distribution Amount (after giving effect to the last sentence of this paragraph) for distributions of principal on any For each Class of the Special Retail Certificates, on the first Distribution Date with respect to which the Servicer determines that principal is required to be distributed to such Class pursuant to Section 4.04(a)(ii), and the aggregate amount allocable of such principal is not an amount equal to an integral multiple of $1,000, the Servicer shall notify the Trustee by noon New York City time two Business Days prior to such distributions Distribution Date of the applicable Rounding Amount, and the Trustee shall withdraw such Rounding Amount from the applicable Rounding Account. On each succeeding Distribution Date, prior to the Credit Support Depletion Date, with respect to which the Servicer determines that principal is required to be distributed to such Class pursuant to Section 4.04(a)(ii), the Servicer will instruct that the aggregate amount of such principal will be applied first to repay to the applicable Rounding Account any funds withdrawn from such Rounding Account on prior Distribution Dates which have not been repaid. If the remainder of such aggregate amount of principal is not an amount equal to an integral multiple of $1,000, the Servicer shall notify the Trustee by noon New York City time two Business Days prior to such Distribution Date of the applicable Rounding Amount, and the Trustee shall withdraw from the applicable Rounding Account an amount whichAccount, when added to the amount allocable to such distributions of principal, would be an integral multiple of $1,000 (the "Rounding Amount"). On each Distribution Date prior to the earlier of (a) the Senior Credit Support Depletion Date and (b) the date on which any loss is allocated to any Class of the Special Retail Certificates, with respect to which the Trustee determines that amounts extent funds are available out of the Pool Distribution Amount for distributions of principal on any Class of Special Retail Certificatestherein, the aggregate amount allocable to such Class will be applied first to repay any funds withdrawn from so notified by the applicable Rounding Account on prior Distribution Dates which have not been repaidServicer. Any amounts withdrawn by the Trustee from any either Rounding Account shall be deposited in the Certificate Account for distribution to the Holders of the applicable Class of Special Retail Certificates as described in the immediately preceding paragraph. On or promptly after paragraph (and shall be deemed to have been distributed to the earlier of (i) the Senior Credit Support Depletion Date and (ii) the date on which any loss is allocated to any Corresponding Class of the each such Class of Special Retail Certificates, as applicable, and deposited for its benefit into the Trustee shall remit to Banc of America Securities LLC any amounts remaining Certificate Account in the applicable Rounding Accountaccordance with Section 4.01). Amounts on deposit in the Rounding Accounts shall not be invested. Each On the first Distribution Date after the earliest of (i) the Credit Support Depletion Date and (ii) the date on which the Class Principal Balance of the applicable Class of Special Retail Certificates has been reduced to zero, the Trustee shall remit any amounts then remaining on deposit in the applicable Rounding Account established hereunder, or Accounts to the extent that it constitutes a "reserve fund" for purposes Holders of the REMIC Provisions, shall be an "outside reserve fund" as defined in Section 1.860G-2(h) Class R-2 Residual Interest.
ARTICLE IV Payments to Certificateholders; Payment of the Treasury Regulations, and in that regard (A) such Rounding Account shall be an outside reserve fund and not an asset of the either of the Upper-Tier REMIC or Lower-Tier REMIC, (B) such Rounding Account shall be owned for federal tax purposes by Banc of America Securities LLC and Banc of America Securities LLC shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either REMIC to any Rounding Account shall be treated for all federal tax purposes as distributed by either REMIC to Banc of America Securities LLC.Expenses
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Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a separate account (each, a "Rounding Account") with respect to each of the Special Retail Class A-6, Class A-7, Class A-8, Class A-9, Class A-11, Class A-12, Class A-13 and Class A-14 Certificates, and Banc of America Securities NationsBanc Montxxxxxx Xxxurities LLC shall deposit $999.99 in each such Rounding Account. The Trustee shall maintain such accounts to provide, if needed, the applicable Rounding Amount (defined below) on any Distribution Date. If, on any Distribution Date, the Trustee determines that amounts are available out of the Pool Distribution Amount Available Funds (after giving effect to the last sentence of this paragraph) for distributions of principal on any Class of the Special Retail Certificates, and the aggregate amount allocable to such distributions of principal is not an amount equal to an integral multiple of $1,000, the Trustee shall withdraw from the applicable Rounding Account an amount which, when added to the amount allocable to such distributions of principal, would be an integral multiple of $1,000 (the "Rounding Amount"). On each Distribution Date prior to the earlier of (a) the Senior Credit Support Depletion Date and (b) the date on which any loss is allocated to any Class of the Special Retail Certificates, with respect to which the Trustee determines that amounts are available out of the Pool Distribution Amount Available Funds for distributions of principal on any Class of Special Retail Certificatessuch Class, the aggregate amount allocable to such Class will be applied first to repay any funds withdrawn from the applicable Rounding Account on prior Distribution Dates which have not been repaid. Any amounts withdrawn by the Trustee from any Rounding Account shall be deposited in the Certificate Distribution Account for distribution to the Holders of the Special Retail Certificates as described in the preceding paragraph. On or promptly after the earlier of (i) the Senior Credit Support Depletion Date and (ii) the date on which any loss is allocated to any Class of the Special Retail Certificates, the Trustee shall remit to Banc of America Securities NationsBanc Montxxxxxx Xxxurities LLC any amounts remaining in the applicable Rounding Account. Amounts on deposit in the Rounding Accounts shall not be invested. Each Rounding Account established hereunder, to the extent that it constitutes a "reserve fund" for purposes of the REMIC Provisions, shall be an "outside reserve fund" as defined in in
Section 1.860G-2(h1. 860G-2(h) of the Treasury Regulations, and in that regard (A) such Rounding Account shall be an outside reserve fund and not an asset of the either of the Upper-Tier REMIC or Lower-Tier REMIC, (B) such Rounding Account shall be owned for federal tax purposes by Banc of America Securities NationsBanc Montxxxxxx Xxxurities LLC and Banc of America Securities NationsBanc Montxxxxxx Xxxurities LLC shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either the REMIC to any Rounding Account shall be treated for all federal tax purposes as distributed by either the REMIC to Banc of America Securities NationsBanc Montxxxxxx Xxxurities LLC.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Nationsbanc Montgomery Funding Corp)
Maintenance of the Rounding Accounts; Collections Thereunder. On or prior to the Closing Date, the Trustee shall establish a separate account (each, a "the Rounding Account") with respect to each of the Special Retail CertificatesAccounts, and Banc of America Securities LLC the Underwriter shall deposit $999.99 in each such Rounding Account. The Trustee Master Servicer shall maintain such accounts to provide, if needed, the applicable Rounding Amount (defined below) on any Distribution Date. If, on any Distribution Date, the Trustee determines that amounts are available out of the Pool Distribution Amount (after giving effect to the last sentence of this paragraph) for distributions of principal on any For each Class of the Special Retail Certificates, on the first Distribution Date with respect to which the Master Servicer determines that principal is required to be distributed to such Class pursuant to Section 4.04(a)(ii), and the aggregate amount allocable of such principal is not an amount equal to an integral multiple of $1,000, the Master Servicer shall notify the Trustee by Noon New York City time two Business Days prior to such distributions Distribution Date of the applicable Rounding Amount, and the Trustee shall withdraw such Rounding Amount from the applicable Rounding Account. On each succeeding Distribution Date, prior to the earlier of (i) the Credit Support Depletion Date and (ii) the date on which any loss is allocated to such Class of Special Retail Certificates or its Corresponding Class, with respect to which the Master Servicer determines that principal is required to be distributed to such Class pursuant to Section 4.04(a)(ii), the aggregate amount of such principal will be applied first to repay to the applicable Rounding Account any funds withdrawn from such Rounding Account on prior Distribution Dates which have not been repaid. If the remainder of such aggregate amount of principal is not an amount equal to an integral multiple of $1,000, the Master Servicer shall notify the Trustee by Noon New York City time two Business Days prior to such Distribution Date of the applicable Rounding Amount, and the Trustee shall withdraw from the applicable Rounding Account an amount whichAccount, when added to the amount allocable to such distributions of principal, would be an integral multiple of $1,000 (the "Rounding Amount"). On each Distribution Date prior to the earlier of (a) the Senior Credit Support Depletion Date and (b) the date on which any loss is allocated to any Class of the Special Retail Certificates, with respect to which the Trustee determines that amounts extent funds are available out of the Pool Distribution Amount for distributions of principal on any Class of Special Retail Certificatestherein, the aggregate amount allocable to such Class will be applied first to repay any funds withdrawn from so notified by the applicable Rounding Account on prior Distribution Dates which have not been repaidMaster Servicer. Any amounts withdrawn by the Trustee from any Rounding Account shall be deposited in the Certificate Account for distribution to the Holders of the applicable Class of Special Retail Certificates as described in the immediately preceding paragraph. On or promptly after paragraph (and shall be deemed to have been distributed to the earlier of (i) the Senior Credit Support Depletion Date and (ii) the date on which any loss is allocated to any Corresponding Class of the each such Class of Special Retail Certificates, as applicable, and deposited for its benefit into the Trustee shall remit to Banc of America Securities LLC any amounts remaining Certificate Account in the applicable Rounding Accountaccordance with Section 4.01(i)). Amounts on deposit in the Rounding Accounts shall not be invested. Each On the first Distribution Date after the earliest of (i) the Credit Support Depletion Date, (ii) the date on which any loss is allocated to the Special Retail Certificates or their Corresponding Classes and (iii) the date on which the applicable Class Principal Balance of such Class of Special Retail Certificates has been reduced to zero, the Trustee shall remit any amounts then remaining on deposit in the applicable Rounding Account established hereunder, or Accounts to the extent that it constitutes a "reserve fund" for purposes Holders of the REMIC Provisions, shall be an "outside reserve fund" as defined in Section 1.860G-2(h) of the Treasury Regulations, and in that regard (A) such Rounding Account shall be an outside reserve fund and not an asset of the either of the Upper-Tier REMIC or Lower-Tier REMIC, (B) such Rounding Account shall be owned for federal tax purposes by Banc of America Securities LLC and Banc of America Securities LLC shall report all amounts of income, deduction, gain or loss accruing therefrom, and (C) amounts transferred by either REMIC to any Rounding Account shall be treated for all federal tax purposes as distributed by either REMIC to Banc of America Securities LLCClass R-2 Residual Interest.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Washington Mutual MSC Mort Pass Through Cert Ser 2001-Ms11)