Common use of Occurrence; Trustee’s Determinations Clause in Contracts

Occurrence; Trustee’s Determinations. Upon the occurrence of a Deficiency event, the Trustee shall, promptly after the Distribution Date on which such Deficiency Event occurs, determine whether or not the application on a monthly basis of all future distributions on the Mortgage Assets and other amounts receivable with respect to the Trust Fund towards distributions on the Multi-Class Certificates in accordance with the priorities as to distributions of principal set forth in such Certificates and Article XI will result in the retirement of the entire Aggregate Stated Principal Balance of and the distribution of all interest accrued on the Multi- Class Certificates under the Maximum Rate Assumption, if applicable. In making any such determination, the Trustee shall ignore all Initial Reduction Dates and, except for the Final Scheduled Distribution Date applicable to the Class or Classes of Multi-Class Certificates having the latest Final Scheduled Distribution Date, all Final Scheduled Distribution Dates, to the effect that a positive determination under this Section 6.01 can be made if the Trustee can determine that such distributions will be sufficient to pay interest at the applicable Interest Rates under the Maximum Rate Assumption, if applicable and to reduce the entire Outstanding Stated Principal Balance of each Certificate to zero on or before such latest Final Scheduled Distribution Date. The Trustee shall obtain and rely upon an opinion or report of a firm of Independent Accountants of nationally recognized reputation as to the sufficiency of the amounts receivable with respect to the Trust Fund to make such distributions in reduction of Outstanding Stated Principal Balance of and interest on the Multi-Class Certificates, which opinion or report shall be conclusive evidence as to such sufficiency. Pending the making of any determination pursuant to this Section 6.01, distributions on the Multi-Class Certificates shall continue to be made in accordance with Articles I and III. As promptly as practicable following any determination pursuant to this Section 6.01, the Trustee shall notify all Holders of Certificates as to such determination and the effect thereof upon future distributions on the Certificates as set forth in Sections 6.02 and 6.03.

Appears in 2 contracts

Samples: Reference Agreement (Gs Mortgage Securities Corp), Reference Agreement (Goldman Sachs Asset Backed Securities Corp)

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Occurrence; Trustee’s Determinations. Upon the occurrence of a Deficiency eventEvent, the Trustee shall, promptly after the Distribution Date on which such Deficiency Event occurs, determine whether or not the application on a monthly basis of all future distributions on the Mortgage Assets Agency Security Distributions and other amounts receivable with respect to the Trust Fund towards distributions on the Multi-Class Regular Certificates in accordance with the priorities as to distributions of principal set forth in such Certificates and Article XI Section 3.03 will result in the retirement of the entire Aggregate Stated Current Principal Balance Amount of and the distribution of all interest accrued on the Multi- Class Regular Certificates under the Maximum Rate Assumption, if applicable. In making any such determination, the Trustee shall ignore all Initial Reduction Principal Distribution Dates and, except for the Final Scheduled Distribution Date applicable to the Class or Classes of Multi-Class Regular Certificates having the latest Final Scheduled Distribution Date, all Final Scheduled Distribution Dates, to the effect that a positive determination under this Section 6.01 7.01 can be made if the Trustee can determine that such distributions will be sufficient to pay interest at the applicable Certificate Interest Rates under the Maximum Rate Assumption, if applicable Assumption and to reduce retire the entire Outstanding Stated Current Principal Balance Amount of each Regular Certificate to zero on or before such latest Final Scheduled Distribution Date. The Trustee shall may, but need not, obtain and rely upon an opinion or report of a the firm of Independent Accountants of nationally recognized reputation acting pursuant to Section 6.01 as to the sufficiency of the amounts receivable with respect to the Trust Fund to make such distributions in reduction of Outstanding Stated Principal Balance principal of and interest on the Multi-Class Regular Certificates, which opinion or report shall be conclusive evidence as to such sufficiency. Pending the making of any determination pursuant to this Section 6.017.01, distributions on the Multi-Class Regular Certificates shall continue to be made in accordance with Articles I and IIISection 5.02(d). As promptly as practicable following any determination pursuant to this Section 6.017.01, the Trustee shall notify all Holders of Certificates as to such determination and the effect thereof upon future distributions on the Certificates as set forth in Sections 6.02 7.02 and 6.037.03.

Appears in 2 contracts

Samples: Trust Agreement (GNMAG Asset Backed Securitizations, LLC), Trust Agreement (GNMAG Asset Backed Securitizations, LLC)

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Occurrence; Trustee’s Determinations. Upon the occurrence of a Deficiency eventEvent, the Trustee shall, promptly after the Distribution Date on which such Deficiency Event occurs, determine whether or not the application on a monthly basis of all future distributions on the Mortgage Assets Agency Security Distributions and other amounts receivable with respect to the Trust Fund towards distributions on the Multi-Class Regular Certificates in accordance with the priorities as to distributions of principal set forth in such Certificates and Article XI Section 3.03 will result in the retirement of the entire Aggregate Stated Current Principal Balance Amount of and the distribution of all interest accrued on the Multi- Class Regular Certificates under the Maximum Rate Assumption, if applicable. In making any such determination, the Trustee shall ignore all Initial Reduction Principal Distribution Dates and, except for the Final Scheduled Distribution Date applicable to the Class or Classes of Multi-Class Regular Certificates having the latest Final Scheduled Distribution Date, all Final Scheduled Distribution Dates, to the effect that a positive determination under this Section 6.01 8.01 can be made if the Trustee can determine that such distributions will be sufficient to pay interest at the applicable Certificate Interest Rates under the Maximum Rate Assumption, if applicable Assumption and to reduce retire the entire Outstanding Stated Current Principal Balance Amount of each Regular Certificate to zero on or before such latest Final Scheduled Distribution Date. The Trustee shall may, but need not, obtain and rely upon an opinion or report of a the firm of Independent Accountants of nationally recognized reputation acting pursuant to Section 7.01 as to the sufficiency of the amounts receivable with respect to the Trust Fund to make such distributions in reduction of Outstanding Stated Principal Balance principal of and interest on the Multi-Class Regular Certificates, which opinion or report shall be conclusive evidence as to such sufficiency. Pending the making of any determination pursuant to this Section 6.018.01, distributions on the Multi-Class Regular Certificates shall continue to be made in accordance with Articles I and IIISection 5.02(d). As promptly as practicable following any determination pursuant to this Section 6.018.01, the Trustee shall notify all Holders of Certificates as to such determination and the effect thereof upon future distributions on the Certificates as set forth in Sections 6.02 8.02 and 6.038.03.

Appears in 1 contract

Samples: Deposit Trust Agreement (Commerce Street Pantheon Mortgage Asset Securitizations LLC)

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