Common use of Optional Purchase of Certificates Clause in Contracts

Optional Purchase of Certificates. (a) All but not less than all of the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates (but not the Class B-IO Certificates) are subject to purchase by Xxxxxxxxx, at its option, on any Distribution Date on or after the Optional Securities Purchase Date from the then Certificateholders thereof; provided, however, that Xxxxxxxxx may appoint a designee to purchase one or both of the Residual Certificates. The purchase price for each Class A, Class M-1 or Class M-2 Certificate shall be equal to the sum of (i) the aggregate Current Principal Amount of that Certificate, (ii) any accrued but unpaid Current Interest thereon at the applicable Pass-Through Rate and (iii) any Interest Carry Forward Amount with respect thereto for such Distribution Date. The purchase price for each of the R-1 and R-2 Certificates shall be $1.00. In order to exercise the Optional Securities Purchase Right, Xxxxxxxxx must, no later than the eighth Business Day prior to the applicable Distribution Date, deliver to the Issuer, the Trustee and the Securities Administrator (with copies to the Rating Agencies and the Master Servicer) written notice, in the form of Exhibit L hereto, of its intent to purchase the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates and of the Distribution Date on which it intends to do so. The Trustee shall furnish notice of the exercise of the Optional Securities Purchase Right to the applicable Certificateholders in compliance with Section 5.09(c). On the Distribution Date on which the Optional Securities Purchase Right will be exercised, Xxxxxxxxx shall deposit the appropriate amount in cash with the Trustee. Such amount shall be deposited by the Trustee into a separate sub-account of the Distribution Account. Such amounts shall be paid by the Trustee to Holders of the applicable Certificates as provided in Section 5.09(d).

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc), Pooling and Servicing Agreement (Thornburg Mortgage Inc)

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Optional Purchase of Certificates. (a) All but not less than all of the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Offered Certificates (but not the Class B-IO Certificates) are subject to purchase by XxxxxxxxxTMI, at its option, on any Distribution Date on or after the Optional Securities Purchase Date from the then Certificateholders thereof; provided, however, that Xxxxxxxxx TMI may appoint a designee to purchase one or both of the Residual Certificates. The purchase price for each Class A, Class M-1 or Class M-2 Certificate (other than a Residual Certificate) shall be equal to the sum of (i) the aggregate Current Principal Amount of that Certificate, (ii) any accrued but unpaid Current Interest thereon at the applicable Pass-Through Rate and (iii) any Interest Carry Forward Amount with respect thereto for such Distribution Date. The purchase price for each of the Class R-1 and R-2 Certificates shall be $1.00. In order to exercise the Optional Securities Purchase Right, Xxxxxxxxx TMI must, no later than the eighth Business Day prior to the applicable Distribution Date, deliver to the Issuer, the Trustee and the Securities Administrator (with copies to the Rating Agencies and the Master Servicer) written notice, in the form of Exhibit L K hereto, of its intent to purchase the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Offered Certificates and of the Distribution Date on which it intends to do soso and the Securities Administrator will verify in writing to TMI and the Trustee the cash amount required of TMI to effect such purchase no later than the third Business Day prior to the Distribution Date on which such purchase is scheduled to occur. The Trustee shall furnish notice of the exercise of the Optional Securities Purchase Right to the applicable Certificateholders in compliance with Section 5.09(c). On the Distribution Date on which the Optional Securities Purchase Right will be exercised, Xxxxxxxxx TMI shall deposit the appropriate amount in cash with the Trustee. Such amount shall be deposited by the Trustee into a separate sub-account of the Distribution Account (the "Purchase Account"). Such amounts shall be paid by the Trustee to Holders of the applicable Certificates as provided in Section 5.09(d).

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Inc), Pooling and Servicing Agreement (Structured Asset Mortgage Investments Ii Inc)

Optional Purchase of Certificates. (a) All but not less than all of the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates (but not the Class B-IO Certificates) are subject to purchase by XxxxxxxxxTMI, at its option, on any Distribution Date on or after the Optional Securities Purchase Date from the then Certificateholders thereof; provided, however, that Xxxxxxxxx TMI may appoint a designee to purchase one or both of the Residual CertificatesCertificate. The purchase price for each Certificate (other than a Class A-X Certificate, the Class M-1 I Certificate or Class M-2 Certificate a Residual Certificate) shall be equal to the sum of (i) the aggregate Current Certificate Principal Amount Balance of that Certificate, such Certificate and (ii) any accrued but unpaid Current Interest interest thereon at the applicable Pass-Through Rate and (iii) any Interest Carry Forward Amount with respect thereto for such Distribution Date. The purchase price for the Class A-X Certificates shall be an amount equal to the sum of (x) any Interest Distributable Amounts due (after taking into account payments made on such date from Interest Distributable Amounts for each Loan Group and any amount required to be deposited in the Available Funds Cap Reserve Fund in respect of the R-1 Class A-X Certificates) on the Class A-X Certificates and R-2 (y) the present value, as of the date of such termination, of the remaining payments scheduled to be made on the Class A-X Certificates (such present value to be based on a discount rate that will approximate the expected yield to maturity of the Class A-X Certificates). The purchase price for the Class I Certificate shall be $1.00. The purchase price for the Class A-R Certificate shall be $1.00. In order to exercise the Optional Securities Purchase Right, Xxxxxxxxx TMI must, no later than the eighth Business Day prior to the applicable Distribution Date, deliver to the Issuer, the Trustee and the Securities Administrator (with copies to the Rating Agencies and the Master Servicer) written notice, in the form of Exhibit L O hereto, of its intent to purchase the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates and of the Distribution Date on which it intends to do soso and the Securities Administrator will verify in writing to TMI the cash amount required of TMI to effect such purchase no later than the third Business Day prior to the Distribution Date on which such purchase is scheduled to occur. The Trustee Securities Administrator shall furnish notice of the exercise of the Optional Securities Purchase Right to the applicable Certificateholders in compliance with Section 5.09(c6.06(c). On the Distribution Date on which the Optional Securities Purchase Right will be exercised, Xxxxxxxxx TMI shall deposit the appropriate amount in cash with the TrusteeSecurities Administrator. Such amount shall be deposited by the Trustee Securities Administrator into a separate sub-account of the Distribution Account (the “Purchase Account”). Such amounts shall be paid by the Trustee Securities Administrator to Holders of the applicable Certificates as provided in Section 5.09(d6.06(d).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1)

Optional Purchase of Certificates. (a) All but not less than all of the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates (but not the Class B-IO Certificates) are subject to purchase by XxxxxxxxxTMI, at its option, on any Distribution Date on or after the Optional Securities Purchase Date from the then Certificateholders thereof; provided, however, that Xxxxxxxxx TMI may appoint a designee to purchase one or both of the Residual CertificatesCertificate. The purchase price for each Certificate (other than a Class A-X-1 and Class A-X-2 Certificates, the Class M-1 I Certificate or Class M-2 Certificate a Residual Certificate) shall be equal to the sum of (i) the aggregate Current Certificate Principal Amount Balance of that Certificate, such Certificate and (ii) any accrued but unpaid Current Interest interest thereon at the applicable Pass-Through Rate and (iii) any Interest Carry Forward Amount with respect thereto for such Distribution Date. The purchase price for each the Class A-X-1 or Class A-X-2 Certificates shall be an amount equal to the sum of (x) any Interest Distributable Amounts due (after taking into account payments made on such date from Interest Distributable Amounts for the related Loan Group) on the Class A-X-1 and the Class A-X-2 Certificates, as applicable, and (y) the present value, as of the R-1 and R-2 Certificates date of such termination, of the remaining payments scheduled to be made on the Class A-X-1 or Class A-X-2 Certificates, as applicable (such present value to be based on a discount rate that will approximate the expected yield to maturity of the Class A-X-1 or Class A-X-2 Certificates, as applicable). The purchase price for the Class I Certificate shall be $1.00. The purchase price for the Class A-R Certificate shall be $1.00. In order to exercise the Optional Securities Purchase Right, Xxxxxxxxx TMI must, no later than the eighth Business Day prior to the applicable Distribution Date, deliver to the Issuer, the Trustee and the Securities Administrator (with copies to the Rating Agencies and the Master Servicer) written notice, in the form of Exhibit L O hereto, of its intent to purchase the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates and of the Distribution Date on which it intends to do soso and the Securities Administrator will verify in writing to TMI the cash amount required of TMI to effect such purchase no later than the third Business Day prior to the Distribution Date on which such purchase is scheduled to occur. The Trustee Securities Administrator shall furnish notice of the exercise of the Optional Securities Purchase Right to the applicable Certificateholders in compliance with Section 5.09(c6.06(c). On the Distribution Date on which the Optional Securities Purchase Right will be exercised, Xxxxxxxxx TMI shall deposit the appropriate amount in cash with the TrusteeSecurities Administrator. Such amount shall be deposited by the Trustee Securities Administrator into a separate sub-account of the Distribution Account (the “Purchase Account”). Such amounts shall be paid by the Trustee Securities Administrator to Holders of the applicable Certificates as provided in Section 5.09(d6.06(d).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg 2006-2)

Optional Purchase of Certificates. (a) All but not less than all of the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates (but not the Class B-IO Certificates) are subject to purchase by XxxxxxxxxTMI, at its option, on any Distribution Date on or after the Optional Securities Purchase Date from the then Certificateholders thereof; provided, however, that Xxxxxxxxx TMI may appoint a designee to purchase one or both of the Residual CertificatesCertificate. The purchase price for each Certificate (other than a Class A-X Certificate, the Class M-1 I Certificate or Class M-2 Certificate a Residual Certificate) shall be equal to the sum of (i) the aggregate Current Certificate Principal Amount Balance of that Certificate, such Certificate and (ii) any accrued but unpaid Current Interest interest thereon at the applicable Pass-Through Rate and (iii) any Interest Carry Forward Amount with respect thereto for such Distribution Date. The purchase price for each the Class A-X Certificates shall be an amount equal to the sum of (x) any Interest Distributable Amounts due (after taking into account payments made on such date from Interest Distributable Amounts) on the Class A-X Certificates, and (y) the present value, as of the R-1 and R-2 date of such termination, of the remaining payments scheduled to be made on the Class A-X Certificates (such present value to be based on a discount rate that will approximate the expected yield to maturity of the Class A-X Certificates). The purchase price for the Class I Certificate shall be $1.00. The purchase price for the Class A-R Certificate shall be $1.00. In order to exercise the Optional Securities Purchase Right, Xxxxxxxxx TMI must, no later than the eighth Business Day prior to the applicable Distribution Date, deliver to the Issuer, the Trustee and the Securities Administrator (with copies to the Rating Agencies and the Master Servicer) written notice, in the form of Exhibit L O hereto, of its intent to purchase the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates and of the Distribution Date on which it intends to do soso and the Securities Administrator will verify in writing to TMI the cash amount required of TMI to effect such purchase no later than the third Business Day prior to the Distribution Date on which such purchase is scheduled to occur. The Trustee Securities Administrator shall furnish notice of the exercise of the Optional Securities Purchase Right to the applicable Certificateholders in compliance with Section 5.09(c6.06(c). On the Distribution Date on which the Optional Securities Purchase Right will be exercised, Xxxxxxxxx TMI shall deposit the appropriate amount in cash with the TrusteeSecurities Administrator. Such amount shall be deposited by the Trustee Securities Administrator into a separate sub-account of the Distribution Account (the “Purchase Account”). Such amounts shall be paid by the Trustee Securities Administrator to Holders of the applicable Certificates as provided in Section 5.09(d6.06(d).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-3)

Optional Purchase of Certificates. (a) All but not less than all of the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates (but not the Class B-IO Certificates) are subject to purchase by XxxxxxxxxTMI, at its option, on any Distribution Date on or after the Optional Securities Purchase Date from the then Certificateholders thereof; provided, however, that Xxxxxxxxx TMI may appoint a designee to purchase one or both of the Residual CertificatesCertificate. The purchase price for each Certificate (other than a Class A, Class M-1 -X or Class M-2 Certificate R Certificate) shall be equal to the sum of (i) the aggregate Current Certificate Principal Amount of that Certificate, such Certificate and (ii) any accrued but unpaid Current Interest interest thereon at the applicable Pass-Through Certificate Interest Rate and (iii) any Interest Carry Forward Amount with respect thereto for such Distribution Date. The purchase price for the Class A-X Certificates shall be an amount equal to the sum of (x) any Accrued Certificate Interest and Interest Shortfall due (after taking into account payments made on such date for Accrued Certificate Interest and Interest Shortfall for each Mortgage Pool and any amount required to be deposited in the Available Funds Cap Reserve Fund in respect of the R-1 Class A-X Certificates) on the Class A-X Certificates and R-2 (y) the present value, as of the date of such termination, of the remaining payments scheduled to be made on the Class A-X Certificates (such present value to be based on a discount rate that will approximate the expected yield to maturity of the Class A-X Certificates). The purchase price for the Class R Certificate shall be $1.00. The purchase price for the Class I Certificate shall be $1.00. In order to exercise the Optional Securities Purchase Right, Xxxxxxxxx TMI must, no later than the eighth Business Day prior to the applicable Distribution Date, deliver to the Issuer, the Trustee and the Securities Administrator (with copies to the Rating Agencies and the Master Servicer) written notice, in the form of Exhibit L hereto, notice of its intent to purchase the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates and of the Distribution Date on which it intends to do soso and the Securities Administrator will verify in writing to TMI and the Trustee the cash amount required of TMI to effect such purchase no later than the third Business Day prior to the Distribution Date on which such purchase is scheduled to occur. The Trustee Securities Administrator shall furnish notice of the exercise of the Optional Securities Purchase Right to the applicable Certificateholders in compliance with Section 5.09(c7.05(c). On the Distribution Date on which the Optional Securities Purchase Right will be exercised, Xxxxxxxxx TMI shall deposit the appropriate amount in cash with the TrusteeSecurities Administrator. Such amount shall be deposited by the Trustee Securities Administrator into a separate sub-account of the Distribution Account (the “Purchase Account”). Such amounts shall be paid by the Trustee Securities Administrator to Holders of the applicable Certificates as provided in Section 5.09(d7.05(d).

Appears in 1 contract

Samples: Trust Agreement (Thornburg Mortgage Securities Trust 2005-3)

Optional Purchase of Certificates. (a) All but not less than all of the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates (but not the Class B-IO Certificates) are subject to purchase by XxxxxxxxxTMI, at its option, on any Distribution Date on or after the Optional Securities Purchase Date from the then Certificateholders thereof; provided, however, that Xxxxxxxxx TMI may appoint a designee to purchase one or both of the Residual CertificatesCertificate. The purchase price for each Certificate (other than a Class A, Class M-1 -X Certificate or Class M-2 Certificate a Residual Certificate) shall be equal to the sum of (i) the aggregate Current Certificate Principal Amount of that Certificate, such Certificate and (ii) any accrued but unpaid Current Interest interest thereon at the applicable Pass-Through Interest Rate and (iii) any Interest Carry Forward Amount with respect thereto for such Distribution Date. The purchase price for each the Class A-X Certificates shall be an amount equal to the sum of (x) any Interest Distributable Amounts due (after taking into account payments made on such date from Interest Distributable Amounts) on the Class A-X Certificates, and (y) the present value, as of the R-1 and R-2 date of such termination, of the remaining payments scheduled to be made on the Class A-X Certificates (such present value to be based on a discount rate that will approximate the expected yield to maturity of the Class A-X Certificates). The purchase price for the Class R Certificate shall be $1.00. In order to exercise the Optional Securities Purchase Right, Xxxxxxxxx TMI must, no later than the eighth Business Day prior to the applicable Distribution Date, deliver to the Issuer, the Trustee and the Securities Administrator (with copies to the Rating Agencies and the Master Servicer) written notice, in the form of Exhibit L O hereto, of its intent to purchase the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates and of the Distribution Date on which it intends to do soso and the Securities Administrator will verify in writing to TMI the cash amount required of TMI to effect such purchase no later than the third Business Day prior to the Distribution Date on which such purchase is scheduled to occur. The Trustee Securities Administrator shall furnish notice of the exercise of the Optional Securities Purchase Right to the applicable Certificateholders in compliance with Section 5.09(c6.06(c). On the Distribution Date on which the Optional Securities Purchase Right will be exercised, Xxxxxxxxx TMI shall deposit the appropriate amount in cash with the TrusteeSecurities Administrator. Such amount shall be deposited by the Trustee Securities Administrator into a separate sub-account of the Distribution Account (the “Purchase Account”). Such amounts shall be paid by the Trustee Securities Administrator to Holders of the applicable Certificates as provided in Section 5.09(d6.06(d).

Appears in 1 contract

Samples: Trust Agreement (Thornburg Mortgage Securities Trust 2006-4)

Optional Purchase of Certificates. (a) All but not less than all of the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates (but not the Class B-IO Certificates) are subject to purchase by XxxxxxxxxTMI, at its option, on any Distribution Date on or after the Optional Securities Purchase Date from the then Certificateholders thereof; provided, however, that Xxxxxxxxx TMI may appoint a designee to purchase one or both of the Residual CertificatesCertificate. The purchase price for each Class A, Class M-1 or Class M-2 Certificate (other than a Residual Certificate) shall be equal to the sum of (i) the aggregate Current Certificate Principal Amount Balance of that Certificate, such Certificate and (ii) any accrued but unpaid Current Interest interest thereon at the applicable Pass-Through Rate and (iii) any Interest Carry Forward Amount with respect thereto for such Distribution Date. The purchase price for each of the R-1 and R-2 Certificates Class A-R Certificate shall be $1.00. In order to exercise the Optional Securities Purchase Right, Xxxxxxxxx TMI must, no later than the eighth Business Day prior to the applicable Distribution Date, deliver to the Issuer, the Trustee and the Securities Administrator (with copies to the Rating Agencies and the Master Servicer) written notice, in the form of Exhibit L O hereto, of its intent to purchase the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates (other than the Private Certificates) and of the Distribution Date on which it intends to do soso and the Securities Administrator will verify in writing to TMI and the Trustee the cash amount required of TMI to effect such purchase no later than the third Business Day prior to the Distribution Date on which such purchase is scheduled to occur. The Trustee shall furnish notice of the exercise of the Optional Securities Purchase Right to the applicable Certificateholders in compliance with Section 5.09(c6.06(c). On the Distribution Date on which the Optional Securities Purchase Right will be exercised, Xxxxxxxxx TMI shall deposit the appropriate amount in cash with the Trustee. Such amount shall be deposited by the Trustee into a separate sub-account of the Distribution Account (the “Purchase Account”). Such amounts shall be paid by the Trustee to Holders of the applicable Certificates as provided in Section 5.09(d6.06(d).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2004-2)

Optional Purchase of Certificates. (a) All but not less than all of the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates (but not the Class B-IO Certificates) are subject to purchase by XxxxxxxxxTMI, at its option, on any Distribution Date on or after the Optional Securities Purchase Date from the then Certificateholders thereof; provided, however, that Xxxxxxxxx TMI may appoint a designee to purchase one or both of the Residual CertificatesCertificate. The purchase price for each Class A, Class M-1 Certificate (other than an Interest-Only Certificate or Class M-2 Certificate a Residual Certificate) shall be equal to the sum of (i) the aggregate Current Certificate Principal Amount Balance of that Certificate, such Certificate and (ii) any accrued but unpaid Current Interest interest thereon at the applicable Pass-Through Rate and (iii) any Interest Carry Forward Amount with respect thereto for such Distribution Date. The purchase price for the Interest-Only Certificates shall be an amount equal to the sum of (x) any Interest Distributable Amounts due (after taking into account payments made on such date from Interest Distributable Amounts) on each of the R-1 Interest-Only Certificates, and R-2 (y) the present value, as of the date of such termination, of the remaining payments scheduled to be made on the Interest-Only Certificates (such present value to be based on a discount rate that will approximate the expected yield to maturity of the Interest-Only Certificates). For purposes of clause (y) above, TMI will provide, at its expense, information from a pricing service or an independent valuation necessary to compute the present value of the Interest-Only Certificates. The Securities Administrator shall be entitled to rely on such information for the purchase price. The purchase price for the Class A-R Certificate shall be $1.00. In order to exercise the Optional Securities Purchase Right, Xxxxxxxxx TMI must, no later than the eighth Business Day prior to the applicable Distribution Date, deliver to the Issuer, the Trustee and the Securities Administrator (with copies to the Rating Agencies Agencies, the Master Servicer and the Master ServicerTrustee) written notice, in the form of Exhibit L O hereto, of its intent to purchase the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates and of the Distribution Date on which it intends to do soso and the Securities Administrator will verify in writing to TMI the cash amount required of TMI to effect such purchase no later than the third Business Day prior to the Distribution Date on which such purchase is scheduled to occur. The Trustee Securities Administrator shall furnish notice of the exercise of the Optional Securities Purchase Right to the applicable Certificateholders in compliance with Section 5.09(c6.06(c). On the Distribution Date on which the Optional Securities Purchase Right will be exercised, Xxxxxxxxx TMI shall deposit the appropriate amount in cash with the TrusteeSecurities Administrator. Such amount shall be deposited by the Trustee Securities Administrator into a separate sub-account of the Distribution Account (the “Purchase Account”). Such amounts shall be paid by the Trustee Securities Administrator to Holders of the applicable Certificates as provided in Section 5.09(d6.06(d).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2008-1)

Optional Purchase of Certificates. (a) All but not less than all of the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates (but not the Class B-IO Certificates) are subject to purchase by XxxxxxxxxTMI, at its option, on any Distribution Date on or after the Optional Securities Purchase Date from the then Certificateholders thereof; provided, however, that Xxxxxxxxx TMI may appoint a designee to purchase one or both of the Residual CertificatesCertificate. The purchase price for each Certificate (other than a Class A, Class M-1 -X or Class M-2 Certificate R Certificate) shall be equal to the sum of (i) the aggregate Current Certificate Principal Amount of that Certificate, such Certificate and (ii) any accrued but unpaid Current Interest interest thereon at the applicable Pass-Through Certificate Interest Rate and (iii) any Interest Carry Forward Amount with respect thereto for such Distribution Date. The purchase price for each the Class A-X Certificates shall be equal to the product of (i) 1.5% and (ii) the R-1 and R-2 Certificates Class Notional Amount. The purchase price for the Class R Certificate shall be $1.00. In order to exercise the Optional Securities Purchase Right, Xxxxxxxxx TMI must, no later than the eighth Business Day prior to the applicable Distribution Date, deliver to the Issuer, the Trustee and the Securities Administrator (with copies to the Rating Agencies and the Master Servicer) written notice, in the form of Exhibit L hereto, notice of its intent to purchase the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates (other than the Private Certificates) and of the Distribution Date on which it intends to do soso and the Securities Administrator will verify in writing to TMI and the Trustee the cash amount required of TMI to effect such purchase no later than the third Business Day prior to the Distribution Date on which such purchase is scheduled to occur. The Trustee shall furnish notice of the exercise of the Optional Securities Purchase Right to the applicable Certificateholders in compliance with Section 5.09(c7.05(c). On the Distribution Date on which the Optional Securities Purchase Right will be exercised, Xxxxxxxxx TMI shall deposit the appropriate amount in cash with the Trustee. Such amount shall be deposited by the Trustee into a separate sub-account of the Distribution Account (the “Purchase Account”). Such amounts shall be paid by the Trustee to Holders of the applicable Certificates as provided in Section 5.09(d7.05(d).

Appears in 1 contract

Samples: Trust Agreement (Thornburg Mortgage Securities Trust 2004-3)

Optional Purchase of Certificates. (a) All but not less than all of the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates (but not the Class B-IO Certificates) are subject to purchase by XxxxxxxxxTMI, at its option, on any Distribution Date on or after the Optional Securities Purchase Date from the then Certificateholders thereof; provided, however, that Xxxxxxxxx TMI may appoint a designee to purchase one or both more of the Residual Certificates. The purchase price for each Certificate (other than the Class AI Certificate, Class M-1 a Residual Certificate or Class M-2 Certificate a Notional Amount Certificate) shall be equal to the sum of (i) the aggregate Current Principal Amount of that Certificate, Certificate and (ii) any accrued but unpaid Current Accrued Certificate Interest thereon at the applicable Pass-Through Rate Rate. The purchase price for the Class A-X Certificates shall be an amount equal to the sum of (x) any Accrued Certificate Interest and Interest Shortfall due (after taking into account payments made on such date for Accrued Certificate Interest and Interest Shortfalls for each Mortgage Loan Group and any amount required to be deposited in the Available Funds Cap Reserve Fund in respect of the Class A-X Certificates) on the Class A-X Certificates and (iiiy) any Interest Carry Forward Amount with respect thereto the present value, as of the date of such termination, of the remaining payments scheduled to be made on the Class A-X Certificates (such present value to be based on a discount rate that will approximate the expected yield to maturity of the Class A-X Certificates). The purchase price for the Class A-4X Certificates shall be $100 in the aggregate for such Distribution DateClass. The purchase price for the Class I Certificate shall be $1.00. The purchase price for each of the R-1 Class R-I, Class R-II and R-2 Class R-III Certificates shall be $1.00. In order to exercise the Optional Securities Purchase Right, Xxxxxxxxx TMI must, no later than the eighth Business Day prior to the applicable Distribution Date, deliver to the Issuer, the Trustee and the Securities Administrator (with copies to the Rating Agencies and the Master Servicer) written notice, in the form of Exhibit L K hereto, of its intent to purchase the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates and of the Distribution Date on which it intends to do soso and the Securities Administrator will verify in writing to TMI and the Trustee the cash amount required of TMI to effect such purchase no later than the third Business Day prior to the Distribution Date on which such purchase is scheduled to occur. The Trustee shall furnish notice of the exercise of the Optional Securities Purchase Right to the applicable Certificateholders in compliance with Section 5.09(c). On the Distribution Date on which the Optional Securities Purchase Right will be exercised, Xxxxxxxxx TMI shall deposit the appropriate amount in cash with the TrusteeSecurities Administrator. Such amount shall be deposited by the Trustee Securities Administrator into a separate sub-account of the Distribution Account (the “Purchase Account”). Such amounts shall be paid by the Trustee Securities Administrator to Holders of the applicable Certificates as provided in Section 5.09(d).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2005-4)

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Optional Purchase of Certificates. (a) All but not less than all of the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates (but not the Class B-IO Certificates) are subject to purchase by Xxxxxxxxx, at its option, on any Distribution Date on or after the Optional Securities Purchase Date from the then Certificateholders thereof; provided, however, that Xxxxxxxxx may appoint a designee to purchase one or both of the Residual Certificates. The purchase price for each Class A, Class M-1 or Class M-2 Certificate (other than a Residual Certificate) shall be equal to the sum of (i) the aggregate Current Principal Amount of that Certificate, Certificate and (ii) any accrued but unpaid Current Accrued Certificate Interest thereon at the applicable Pass-Through Rate and (iii) any Interest Carry Forward Amount with respect thereto for such Distribution DateRate. The purchase price for each of the R-1 R-I and R-2 R-II Certificates shall be $1.00. In order to exercise the Optional Securities Purchase Right, Xxxxxxxxx must, no later than the eighth Business Day prior to the applicable Distribution Date, deliver to the Issuer, the Trustee and the Securities Administrator (with copies to the Rating Agencies Agency and the Master Servicer) written notice, in the form of Exhibit L K hereto, of its intent to purchase the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates and of the Distribution Date on which it intends to do so. The Trustee shall furnish notice of the exercise of the Optional Securities Purchase Right to the applicable Certificateholders in compliance with Section 5.09(c). On the Distribution Date on which the Optional Securities Purchase Right will be exercised, Xxxxxxxxx shall deposit the appropriate amount in cash with the Trustee, which amount shall be verified by the Securities Administrator in writing on the date of such deposit. Such amount shall be deposited by the Trustee into a separate sub-account of the Distribution Account (the "Purchase Account"). Such amounts shall be paid by the Trustee to Holders of the applicable Certificates as provided in Section 5.09(d).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2003 5)

Optional Purchase of Certificates. (a) All but not less than all of the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates (but not the Class B-IO Certificates) are subject to purchase by XxxxxxxxxTMI, at its option, on any Distribution Date on or after the Optional Securities Purchase Date from the then Certificateholders thereof; provided, however, that Xxxxxxxxx TMI may appoint a designee to purchase one or both of the Residual Certificates. The purchase price for each Class A, Class M-1 Certificate (other than a Residual Certificate or Class M-2 Certificate a Notional Amount Certificate) shall be equal to the sum of (i) the aggregate Current Principal Amount of that Certificate, Certificate and (ii) any accrued but unpaid Current Accrued Certificate Interest thereon at the applicable Pass-Through Rate and (iii) any Interest Carry Forward Amount with respect thereto for such Distribution DateRate. The purchase price for each of the R-1 Class R-I and R-2 R-II Certificates shall be $1.00. The purchase price for each Notional Amount Certificate shall be equal to the product of the percentage set forth in the table below opposite the applicable Class of Notional Amount Certificates and the Notional Amount of such Certificate. Class Purchase Price ----- -------------- Class I-AX 2.063% Class II-AX 0.578% Class III-AX 0.641% Class IV-AX 0.719% Class V-AX 0.734% In order to exercise the Optional Securities Purchase Right, Xxxxxxxxx TMI must, no later than the eighth Business Day prior to the applicable Distribution Date, deliver to the Issuer, the Trustee and the Securities Administrator (with copies to the Rating Agencies and the Master Servicer) written notice, in the form of Exhibit L K hereto, of its intent to purchase the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates and of the Distribution Date on which it intends to do soso and the Securities Administrator will verify in writing to TMI and the Trustee the cash amount required of TMI to effect such purchase no later than the third Business Day prior to the Distribution Date on which such purchase is scheduled to occur. The Trustee shall furnish notice of the exercise of the Optional Securities Purchase Right to the applicable Certificateholders in compliance with Section 5.09(c). On the Distribution Date on which the Optional Securities Purchase Right will be exercised, Xxxxxxxxx TMI shall deposit the appropriate amount in cash with the Trustee. Such amount shall be deposited by the Trustee into a separate sub-account of the Distribution Account (the "Purchase Account"). Such amounts shall be paid by the Trustee to Holders of the applicable Certificates as provided in Section 5.09(d).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2004-4)

Optional Purchase of Certificates. (a) All but not On any Distribution Date on which the Pool Stated Principal Balance, prior to giving effect to distributions to be made on such Distribution Date, is less than all ten percent of the Class ACut-off Date Principal Balance of the Mortgage Loans, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates (but not the Class B-IO Certificates) are subject to purchase by XxxxxxxxxServicer shall have the right, at its option, on any Distribution Date on or after the Optional Securities Purchase Date from the then Certificateholders thereof; provided, however, that Xxxxxxxxx may appoint a designee to purchase one or both of the Residual Certificates. The purchase Certificates in whole, but not in part, at a price for each Class A, Class M-1 or Class M-2 Certificate shall be equal to the outstanding Certificate Principal Balance of such Certificates plus the sum of (i) the aggregate Current Principal Amount of that Certificate, (ii) any accrued but unpaid Current Accrued Certificate Interest thereon at for the applicable Pass-Through Rate related Interest Accrual Period and (iii) any Interest Carry Forward Amount with respect thereto for such Distribution Datepreviously unpaid Accrued Certificate Interest. The purchase price for each of the R-1 and R-2 Certificates Servicer shall be $1.00. In order to exercise the Optional Securities Purchase Right, Xxxxxxxxx must, no later than the eighth Business Day prior to the applicable Distribution Date, deliver to the Issuer, give the Trustee and the Securities Administrator (with copies to the Rating Agencies and the Master Servicer) written notice, in the form of Exhibit L hereto, of its intent to purchase the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates and not less than 60 days' prior notice of the Distribution Date on which the Servicer anticipates that it intends shall purchase the Certificates pursuant to do soSection 5.06(a). The Notice of any such purchase, specifying the Distribution Date upon which the Holders may surrender their Certificates to the Trustee for payment in accordance with this Section 5.06, shall furnish notice be given promptly by the Servicer by letter to Certificateholders (with a copy to the Certificate Registrar and each Rating Agency) mailed not earlier than the 9th day and not later than the 19th day of the exercise month next preceding the month of such final distribution, specifying: the Distribution Date upon which purchase of the Optional Securities Purchase Right Certificates is anticipated to be made upon presentation and surrender of such Certificates at the office or agency of the Trustee therein designated, the purchase price therefor, if known, and that the Record Date otherwise applicable Certificateholders to such Distribution Date is not applicable, payments being made only upon presentation and surrender of the Certificates at the office or agency of the Trustee therein specified. If the Servicer gives the notice specified above, the Servicer shall deposit in compliance with Section 5.09(c). On the Payment Account before the Distribution Date on which the Optional Securities Purchase Right purchase pursuant to Section 5.06(a) is to be made, in immediately available funds, an amount equal to the purchase price for the Certificates computed as provided above. Upon presentation and surrender of the Certificates to be purchased pursuant to Section 5.06(a) by the Holders thereof, the Trustee shall distribute to such Holders an amount equal to the outstanding Certificate Principal Balance thereof plus the sum of Accrued Certificate Interest thereon for the related Interest Accrual Period and any previously unpaid Accrued Certificate Interest with respect thereto. If any Certificateholders do not surrender their Certificates on or before the Distribution Date on which a purchase pursuant to this Section 5.06 is to be made, the Trustee shall on such date cause all funds in the Payment Account deposited therein by the Servicer pursuant to Section 5.06(b) to be withdrawn therefrom and deposited in a separate escrow account (for which funds will be exercisedheld uninvested) for the benefit of such Certificateholders, Xxxxxxxxx and the Servicer shall deposit give a second written notice to such Certificateholders to surrender their Certificates for payment of the purchase price therefor. If within six months after the second notice any Certificate shall not have been surrendered for cancellation, the Trustee shall take appropriate amount in cash with the Trustee. Such amount shall be deposited steps as directed by the Trustee into a separate sub-Servicer to contact the Holders of such Certificates concerning surrender of their Certificates. The costs and expenses of maintaining the escrow account and of the Distribution Account. Such amounts contacting Certificateholders shall be paid out of the assets which remain in the escrow account. If within nine months after the second notice any Certificates shall not have been surrendered for cancellation in accordance with this Section 5.06, the Trustee shall pay to the Servicer all amounts distributable to the Holders thereof and shall have no further responsibility therefor and the Servicer shall thereafter hold such amounts until distributed to such Holders. No interest shall accrue or be payable to any Certificateholder on any amount held in the escrow account or by the Trustee Servicer as a result of such Certificateholder's failure to Holders of surrender its Certificate(s) for payment in accordance with this Section 5.06. Any Certificate that is not surrendered on the applicable Certificates Distribution Date on which a purchase pursuant to this Section 5.06 occurs as provided in Section 5.09(d)above shall be deemed to have been purchased and the Holder as of such date shall have no rights with respect thereto except to receive the purchase price therefor minus any costs and expenses associated with such escrow account and notices allocated thereto. Any Certificates so purchased or deemed to have been purchased on such Distribution Date shall remain outstanding hereunder. The Servicer shall be for all purposes the Holder thereof as of such date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gmacm Mortgage Loan Trust 2005-Ar6)

Optional Purchase of Certificates. (a) All but not less than all of the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates (but not the Class B-IO Certificates) are subject to purchase by XxxxxxxxxTMI, at its option, on any Distribution Date on or after the Optional Securities Purchase Date from the then Certificateholders thereof; provided, however, that Xxxxxxxxx TMI may appoint a designee to purchase one or both of the Residual CertificatesCertificate. The purchase price for each Certificate (other than a Class A, Class M-1 -X Certificate or Class M-2 Certificate a Residual Certificate) shall be equal to the sum of (i) the aggregate Current Certificate Principal Amount Balance of that Certificate, such Certificate and (ii) any accrued but unpaid Current Interest interest thereon at the applicable Pass-Through Rate and (iii) any Interest Carry Forward Amount with respect thereto for such Distribution Date. The purchase price for each the Class A-X Certificates shall be an amount equal to the sum of (x) any Interest Distributable Amounts due (after taking into account payments made on such date from Interest Distributable Amounts) on the Class A-X Certificates, and (y) the present value, as of the R-1 and R-2 date of such termination, of the remaining payments scheduled to be made on the Class A-X Certificates (such present value to be based on a discount rate that will approximate the expected yield to maturity of the Class A-X Certificates). The purchase price for the Class A-R Certificate shall be $1.00. In order to exercise the Optional Securities Purchase Right, Xxxxxxxxx TMI must, no later than the eighth Business Day prior to the applicable Distribution Date, deliver to the Issuer, the Trustee and the Securities Administrator (with copies to the Rating Agencies and the Master Servicer) written notice, in the form of Exhibit L O hereto, of its intent to purchase the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates and of the Distribution Date on which it intends to do soso and the Securities Administrator will verify in writing to TMI the cash amount required of TMI to effect such purchase no later than the third Business Day prior to the Distribution Date on which such purchase is scheduled to occur. The Trustee Securities Administrator shall furnish notice of the exercise of the Optional Securities Purchase Right to the applicable Certificateholders in compliance with Section 5.09(c6.06(c). On the Distribution Date on which the Optional Securities Purchase Right will be exercised, Xxxxxxxxx TMI shall deposit the appropriate amount in cash with the TrusteeSecurities Administrator. Such amount shall be deposited by the Trustee Securities Administrator into a separate sub-account of the Distribution AccountAccount (the "PURCHASE ACCOUNT"). Such amounts shall be paid by the Trustee Securities Administrator to Holders of the applicable Certificates as provided in Section 5.09(d6.06(d).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-5)

Optional Purchase of Certificates. (a) All but not less than all of the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates (but not the Class B-IO Certificates) are subject to purchase by XxxxxxxxxTMI, at its option, on any Distribution Date on or after the Optional Securities Purchase Date from the then Certificateholders thereof; provided, however, that Xxxxxxxxx TMI may appoint a designee to purchase one or both of the Residual CertificatesCertificate. The purchase price for each Certificate (other than a Class A, Class M-1 -X Certificate or Class M-2 Certificate a Residual Certificate) shall be equal to the sum of (i) the aggregate Current Certificate Principal Amount Balance of that Certificate, such Certificate and (ii) any accrued but unpaid Current Interest interest thereon at the applicable Pass-Through Rate and (iii) any Interest Carry Forward Amount with respect thereto for such Distribution Date. The purchase price for the Class A-X Certificates shall be an amount equal to the sum of (x) any Interest Distributable Amounts due (after taking into account payments made on such date from Interest Distributable Amounts for each Loan Group and any amount required to be deposited in the Available Funds Cap Reserve Fund in respect of the R-1 Class A-X Certificates) on the Class A-X Certificates and R-2 (y) the present value, as of the date of such termination, of the remaining payments scheduled to be made on the Class A-X Certificates (such present value to be based on a discount rate that will approximate the expected yield to maturity of the Class A-X Certificates). The purchase price for the Class A-R Certificate shall be $1.00. In order to exercise the Optional Securities Purchase Right, Xxxxxxxxx TMI must, no later than the eighth Business Day prior to the applicable Distribution Date, deliver to the Issuer, the Trustee and the Securities Administrator (with copies to the Rating Agencies and the Master Servicer) written notice, in the form of Exhibit L O hereto, of its intent to purchase the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates and of the Distribution Date on which it intends to do soso and the Securities Administrator will verify in writing to TMI the cash amount required of TMI to effect such purchase no later than the third Business Day prior to the Distribution Date on which such purchase is scheduled to occur. The Trustee Securities Administrator shall furnish notice of the exercise of the Optional Securities Purchase Right to the applicable Certificateholders in compliance with Section 5.09(c6.06(c). On the Distribution Date on which the Optional Securities Purchase Right will be exercised, Xxxxxxxxx TMI shall deposit the appropriate amount in cash with the TrusteeSecurities Administrator. Such amount shall be deposited by the Trustee Securities Administrator into a separate sub-account of the Distribution Account (the “Purchase Account”). Such amounts shall be paid by the Trustee Securities Administrator to Holders of the applicable Certificates as provided in Section 5.09(d6.06(d).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2005-2)

Optional Purchase of Certificates. (a) All but not less than all of the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates (but not the Class B-IO Certificates) are subject to purchase by XxxxxxxxxTMI, at its option, on any Distribution Date on or after the Optional Securities Purchase Date from the then Certificateholders thereof; provided, however, that Xxxxxxxxx TMI may appoint a designee to purchase one or both of the Residual CertificatesCertificate. The purchase price for each Certificate (other than a Class A, Class M-1 -X Certificate or Class M-2 Certificate a Residual Certificate) shall be equal to the sum of (i) the aggregate Current Certificate Principal Amount Balance of that Certificate, such Certificate and (ii) any accrued but unpaid Current Interest interest thereon at the applicable Pass-Through Rate and (iii) any Interest Carry Forward Amount with respect thereto for such Distribution Date. The purchase price for each the Class A-X Certificates shall be an amount equal to the sum of (x) any Interest Distributable Amounts due (after taking into account payments made on such date from Interest Distributable Amounts) on the Class A-X Certificates, and (y) the present value, as of the R-1 and R-2 date of such termination, of the remaining payments scheduled to be made on the Class A-X Certificates (such present value to be based on a discount rate that will approximate the expected yield to maturity of the Class A-X Certificates). The purchase price for the Class A-R Certificate shall be $1.00. In order to exercise the Optional Securities Purchase Right, Xxxxxxxxx TMI must, no later than the eighth Business Day prior to the applicable Distribution Date, deliver to the Issuer, the Trustee and the Securities Administrator (with copies to the Rating Agencies and the Master Servicer) written notice, in the form of Exhibit L O hereto, of its intent to purchase the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates and of the Distribution Date on which it intends to do soso and the Securities Administrator will verify in writing to TMI the cash amount required of TMI to effect such purchase no later than the third Business Day prior to the Distribution Date on which such purchase is scheduled to occur. The Trustee Securities Administrator shall furnish notice of the exercise of the Optional Securities Purchase Right to the applicable Certificateholders in compliance with Section 5.09(c6.06(c). On the Distribution Date on which the Optional Securities Purchase Right will be exercised, Xxxxxxxxx TMI shall deposit the appropriate amount in cash with the TrusteeSecurities Administrator. Such amount shall be deposited by the Trustee Securities Administrator into a separate sub-account of the Distribution Account (the “Purchase Account”). Such amounts shall be paid by the Trustee Securities Administrator to Holders of the applicable Certificates as provided in Section 5.09(d6.06(d).. 110

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-6)

Optional Purchase of Certificates. (a) All but not less than all of the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates (but not the Class B-IO Certificates) are subject to purchase by XxxxxxxxxTMI, at its option, on any Distribution Date on or after the Optional Securities Purchase Date from the then Certificateholders thereof; provided, however, that Xxxxxxxxx TMI may appoint a designee to purchase one or both of the Residual CertificatesCertificate. The purchase price for each Certificate (other than a Class AX Certificate, the Class M-1 I Certificate or Class M-2 Certificate a Residual Certificate) shall be equal to the sum of (i) the aggregate Current Certificate Principal Amount Balance of that Certificate, such Certificate and (ii) any accrued but unpaid Current Interest interest thereon at the applicable Pass-Through Rate and (iii) any Interest Carry Forward Amount with respect thereto for such Distribution Date. The purchase price for each the Class X Certificates shall be an amount equal to the sum of (x) any Interest Distributable Amounts due (after taking into account payments made on such date from Interest Distributable Amounts) on the Class X Certificates, and (y) the present value, as of the R-1 and R-2 date of such termination, of the remaining payments scheduled to be made on the Class X Certificates (such present value to be based on a discount rate that will approximate the expected yield to maturity of the Class X Certificates). The purchase price for the Class I Certificate shall be $1.00. The purchase price for the Class A-R Certificate shall be $1.00. In order to exercise the Optional Securities Purchase Right, Xxxxxxxxx TMI must, no later than the eighth Business Day prior to the applicable Distribution Date, deliver to the Issuer, the Trustee and the Securities Administrator (with copies to the Rating Agencies and the Master Servicer) written notice, in the form of Exhibit L O hereto, of its intent to purchase the Class A, Class M-1, Class M-2, Class R-1 and Class R-2 Certificates and of the Distribution Date on which it intends to do soso and the Securities Administrator will verify in writing to TMI the cash amount required of TMI to effect such purchase no later than the third Business Day prior to the Distribution Date on which such purchase is scheduled to occur. The Trustee Securities Administrator shall furnish notice of the exercise of the Optional Securities Purchase Right to the applicable Certificateholders in compliance with Section 5.09(c6.06(c). On the Distribution Date on which the Optional Securities Purchase Right will be exercised, Xxxxxxxxx TMI shall deposit the appropriate amount in cash with the TrusteeSecurities Administrator. Such amount shall be deposited by the Trustee Securities Administrator into a separate sub-account of the Distribution Account (the “Purchase Account”). Such amounts shall be paid by the Trustee Securities Administrator to Holders of the applicable Certificates as provided in Section 5.09(d6.06(d).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Zuni 2006-Oa1)

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