Payment Account. (a) The Trustee shall establish and maintain a Payment Account for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf of the Trustee on or before 2:00 P.M. New York time on each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited in the Payment Account pursuant to Section 3.12(a), (iii) any amount required to be deposited in the Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date. (b) The Trustee may invest, or cause the institution maintaining the Payment Account to invest, or hold uninvested, the funds in the Payment Account in Permitted Investments designated in the name of the Trustee for the benefit of the Certificateholders, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Trustee and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee out of its own funds immediately as realized without any right of reimbursement.
Appears in 16 contracts
Samples: Pooling and Servicing Agreement (GMACM Mortgage Pass-Through Cerificates, Series 2004-J5), Pooling and Servicing Agreement (GMACM Mortgage Pass-Through Cerificates, Series 2004-J5), Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc)
Payment Account. (a) The Trustee shall establish and maintain a Payment Account for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf of the Trustee on or before 2:00 P.M. New York time on each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited in the Payment Account pursuant to Section 3.12(a), (iii) any amount required to be deposited in the Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, or cause the institution maintaining the Payment Account to invest, or hold uninvested, the funds in the Payment Account in Permitted Investments designated in the name of the Trustee for the benefit of the Certificateholders, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Trustee and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee out of its own funds immediately as realized without any right of reimbursement.
Appears in 11 contracts
Samples: Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc), Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc), Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc)
Payment Account. (a) The Trustee shall, prior to the Closing Date, establish a Securities Account with the Custodial Securities Intermediary which shall establish and maintain a be designated as the “Payment Account Account,” which shall be held in trust for the benefit of the Certificateholders in Secured Parties and over which the Servicer Trustee shall cause to be deposited on behalf have exclusive control and the sole right of the Trustee on or before 2:00 P.M. New York withdrawal. Any and all funds at any time on each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal deposit in, or otherwise to the sum of (i) any Advance for the immediately succeeding Distribution Datecredit of, (ii) any amount required to be deposited in the Payment Account pursuant to Section 3.12(a), (iii) any amount required to shall be deposited held in the Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, or cause the institution maintaining the Payment Account to invest, or hold uninvested, the funds in the Payment Account in Permitted Investments designated in the name of trust by the Trustee for the benefit of the CertificateholdersSecured Parties. Except as provided in Sections 11.1 and 11.2, which the only permitted withdrawal from or application of funds on deposit in, or otherwise to the credit of, the Payment Account shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment to pay the interest on and the principal on the Notes and make other payments in respect of the institution Notes in accordance with which their terms and the provisions of this Indenture, (ii) to pay the Preferred Shares Paying Agent for deposit into the Preferred Share Distribution Account for distributions to the Preferred Shareholders in accordance with the terms and the provisions of the Preferred Share Paying Agency Agreement, (iii) upon Issuer Order, to pay other amounts specified therein, and (iv) otherwise to pay amounts payable pursuant to and in accordance with the terms of this Indenture, each in accordance with the Priority of Payments. The Trustee agrees to give the Issuer and the Co-Issuer immediate notice if it becomes aware that the Payment Account is maintained may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date deposit therein, or otherwise to the credit of the Payment Account, shall become subject to any writ, order, judgment, warrant of attachment, execution or similar process. Neither the Issuer nor the Co-Issuer shall have any legal, equitable or beneficial interest in the Payment Account other than in accordance with the amount payable Priority of Payments. The Payment Account shall remain at all times with the Corporate Trust Office or a financial institution having a long-term debt rating of at least “Aa3” by Xxxxx’x and “A (low)” by DBRS (or, if not rated by DBRS, an equivalent (or higher) rating by any two other NRSROs (which may include Xxxxx’x)) or a short-term debt rating of at least “P-1” by Xxxxx’x and the equivalent by DBRS (if rated by DBRS) (or, in each case, such lower rating as the applicable Rating Agency shall approve). Amounts on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances deposit in the Payment Account shall be for the benefit of the Trustee and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee out of its own funds immediately as realized without any right of reimbursementremain uninvested.
Appears in 7 contracts
Samples: Indenture (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc)
Payment Account. (a) The Indenture Trustee shall establish and maintain a separate non-interest bearing trust account (the “Payment Account”) designated “Deutsche Bank National Trust Company, as Indenture Trustee, in trust for the registered holders of the IndyMac Asset-Backed Notes, Series 2006-H2.” The Payment Account for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf of the an Eligible Account. The Indenture Trustee on or before 2:00 P.M. New York time on each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited in the Payment Account pursuant to Section 3.12(a), (iii) any amount required to be deposited in the Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, shall invest or cause the institution maintaining the Payment Account to invest, or hold uninvested, invest the funds in the Payment Account Account, other than any funds that were drawn on the Policy in Permitted respect of Insured Amounts, in Eligible Investments designated in the name of the Indenture Trustee for the benefit of the CertificateholdersNoteholders, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Indenture Trustee and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Indenture Trustee out of its own funds immediately as realized without any right of reimbursement. The Indenture Trustee shall deposit any amounts representing payments on and any collections in respect of the Mortgage Loans received by it immediately following receipt thereof to the Payment Account including, without limitation, all amounts (i) withdrawn by the Servicer from the Collection Account pursuant to Section 3.03 herein for deposit to the Payment Account, (ii) any amount, required to be deposited by the Indenture Trustee in connection with any losses on funds in the Payment Account and Preference Amounts (to the extent paid to the Indenture Trustee) and (iii) drawn under the Policy in respect of Insured Amounts.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H2), Sale and Servicing Agreement (Indymac MBS Inc)
Payment Account. (a) The Trustee shall establish and maintain a Payment Account for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf of the Trustee on or before 2:00 P.M. New York time on each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited in the Payment Account pursuant to Section 3.12(a), (iii) any amount required to be deposited in the Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, invest or cause the institution maintaining the Payment Account to invest, or hold uninvested, invest the funds in the Payment Account in Permitted Investments designated in the name of the Trustee for the benefit of the Certificateholders, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Trustee and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee out of its own funds immediately as realized without any right of reimbursement.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc), Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc)
Payment Account. (a) The Trustee shall establish and maintain a Payment Account for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf of the Trustee on or before 2:00 P.M. New York time on each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited in the Payment Account pursuant to Section 3.12(a), (iii) any amount required to be deposited in the Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, invest or cause the institution maintaining the Payment Account to invest, or to hold uninvested, the funds in the Payment Account in Permitted Investments designated in the name of the Trustee for the benefit of the Certificateholders, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Trustee and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee out of its own funds immediately as realized without any right of reimbursement. The Trustee or its Affiliates are permitted to receive additional compensation that could be deemed to be in the Trustee's economic self-interest for (i) serving as investment adviser, administrator, shareholder, servicing agent, custodian or sub-custodian with respect to certain of the Permitted Investments, (ii) using Affiliates to effect transactions in certain Permitted Investments and (iii) effecting transactions in certain Permitted Investments. Such compensation shall not be an amount that is reimbursable or payable by the Company or otherwise pursuant to this Agreement. Except as otherwise expressly provided herein, the Trustee shall have no obligation to invest or reinvest any funds held in any accounts under this Agreement in the absence of timely written direction and shall not be liable for the selection of investments or for investment losses incurred thereon.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Gmacm Mortgage Loan Trust 2005-Af1), Pooling and Servicing Agreement (Gmacm Mortgage Loan Trust 2005-Af2)
Payment Account. (a) The Trustee shall establish and maintain a Payment Account for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf of the Trustee on or before 2:00 P.M. New York time on each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited in the Payment Account pursuant to Section 3.12(a), (iii) any amount required to be deposited in the Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, or cause the institution maintaining the Payment Account to invest, or hold uninvested, the funds in the Payment Account in Permitted Investments designated in the name of the Trustee for the benefit of the Certificateholders, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained (or any investment which is an obligation of a fund for which such institution or affiliate thereof serves as an investment advisor, administrator, shareholder, servicing agent, custodian or sub custodian) may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Trustee and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee out of its own funds immediately as realized without any right of reimbursement. The Trustee or its Affiliates are permitted to receive additional compensation that could be deemed to be in the Trustee's economic self-interest for (i) serving as investment adviser, administrator, shareholder, servicing agent, custodian or sub-custodian with respect to certain of the Permitted Investments, (ii) using Affiliates to effect transactions in certain Permitted Investments and (iii) effecting transactions in certain Permitted Investments. Such compensation shall not be an amount that is reimbursable or payable by the Company or otherwise pursuant to this Agreement. Except as otherwise expressly provided herein, the Trustee shall have no obligation to invest or reinvest any funds held in any accounts under this Agreement in the absence of timely written direction and shall not be liable for the selection of investments or for investment losses incurred thereon.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Gmacm Mortgage Loan Trust 2005-Ar5), Pooling and Servicing Agreement (Gmacm Mortgage Loan Trust 2005-Ar4)
Payment Account. (a) The Trustee shall establish and maintain a Payment Account for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf of the Trustee on or before 2:00 P.M. New York time on each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited in the Payment Account pursuant to Section 3.12(a), (iii) any amount required to be deposited in the Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, or cause the institution maintaining the Payment Account to invest, or hold uninvested, the funds in the Payment Account in Permitted Investments designated in the name of the Trustee for the benefit of the Certificateholders, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained (or any investment which is an obligation of a fund for which such institution or affiliate thereof serves as an investment advisor, administrator, shareholder, servicing agent, custodian or sub custodian) may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Trustee and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee out of its own funds immediately as realized without any right of reimbursement.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Gmacm Mortgage Loan Trust 2005-Ar1), Pooling and Servicing Agreement (GMACM Mortgage Loan Trust 2005-Ar2)
Payment Account. (a) The Trustee shall establish and maintain a Payment Account for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf of the Trustee on or before 2:00 P.M. New York time on each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited in the Payment Account pursuant to Section 3.12(a), (iii) any amount required to be deposited in the Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, invest or cause the institution maintaining the Payment Account to invest, or hold uninvested, invest the funds in the Payment Account in Permitted Investments designated in the name of the Trustee for the benefit of the Certificateholders, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Trustee and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee out of its own funds immediately as realized without any right of reimbursement.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GMACM Mortgage Loan Trust 2006-J1), Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc)
Payment Account. (a) The Indenture Trustee shall establish and maintain a separate non-interest bearing trust account (the “Payment Account”) designated “Deutsche Bank National Trust Company, as Indenture Trustee, in trust for the registered holders of the IndyMac Asset-Backed Notes, Series 2006-H4.” The Payment Account for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf of the an Eligible Account. The Indenture Trustee on or before 2:00 P.M. New York time on each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited in the Payment Account pursuant to Section 3.12(a), (iii) any amount required to be deposited in the Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, shall invest or cause the institution maintaining the Payment Account to invest, or hold uninvested, invest the funds in the Payment Account Account, other than any funds that were drawn on the Policy in Permitted respect of Insured Payments, in Eligible Investments designated in the name of the Indenture Trustee for the benefit of the CertificateholdersNoteholders, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturitysuch Payment Date. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Indenture Trustee and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Indenture Trustee out of its own funds immediately as realized without any right of reimbursement. The Indenture Trustee shall deposit any amounts representing payments on and any collections in respect of the Mortgage Loans received by it immediately following receipt thereof to the Payment Account including, without limitation, all amounts (i) withdrawn by the Servicer from the Collection Account pursuant to Section 3.03 herein for deposit to the Payment Account, (ii) any amount, required to be deposited by the Indenture Trustee in connection with any losses on funds in the Payment Account and Preference Amounts (to the extent paid to the Indenture Trustee) and (iii) drawn under the Policy in respect of Insured Payments.
Appears in 1 contract
Samples: Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H4)
Payment Account. (a) The Trustee shall establish and maintain a an account entitled “Payment Account of [ - ], as Trustee for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf Holders of the First NLC Securitization Trust 200 - , Asset-Backed Pass-Through Certificates, Series 200 - .” The Trustee on or before 2:00 P.M. New York time on each shall, promptly upon receipt of funds from the Master Servicer, deposit such funds into the Payment Account Deposit Date by wire transfer of immediately available and retain such funds an amount equal to on deposit until the sum of related Distribution Date.
(ib) any Advance for the immediately succeeding On each Distribution Date, (ii) any amount required to be deposited the Trustee shall withdraw funds on deposit in the Payment Account pursuant to Section 3.12(a)7.6 and distribute the Available Distribution Amount to the Certificateholders and any other parties entitled thereto in the amounts and priorities set forth in Section 8.1. [The Trustee may from time to time withdraw from the Payment Account and pay the Master Servicer, (iii) the Trustee or any amount required Servicer any amounts permitted to be deposited paid or reimbursed to such Person from funds in the Payment Account pursuant to Section 4.07the definition of “Available Distribution Amount”, to the extent that any such amount has not previously been retained by or paid to such person.]
(ivc) any amount required The Payment Account shall be an Eligible Account. If an existing Payment Account ceases to be paid pursuant to Section 9.01 an Eligible Account, the Trustee shall establish a new Payment Account that is an Eligible Account within 30 days and (v) transfer all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Datefunds on deposit in such existing Payment Account into such new Payment Account.
(bd) The Trustee may invest, or cause the institution maintaining the Payment Account to invest, or hold uninvested, the funds Funds in the Payment Account may be invested only in Permitted Eligible Investments designated in selected by and at the name written direction of the Trustee for the benefit of the Certificateholders, which that shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and any such Permitted Investment shall not be sold or disposed of prior to its maturity. All such Eligible Investments shall be made in the name of the Trustee (in its capacity as such) or its nominee. All income and gain realized from any such investment or from uninvested balances in the Payment Account Permitted Investment shall be for the benefit of the Trustee and shall be subject to its withdrawal or order from time to time, and shall not constitute part of the Trust Fund. The amount of any losses incurred in respect of any such investments shall be deposited in the such Payment Account by the Trustee out of its own funds immediately as realized funds, without any right of reimbursementreimbursement therefor, immediately as realized.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First NLC Securitization, Inc.)
Payment Account. (a) The Trustee shall establish and maintain a Payment Account for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf of the Trustee on or before 2:00 P.M. New York time on each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited in the Payment Account pursuant to Section 3.12(a), (iii) any amount required to be deposited in the Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, or cause the institution maintaining the Payment Account to invest, or hold uninvested, the funds in the Payment Account in Permitted Investments designated in the name of the Trustee for the benefit of the Certificateholders, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained (or any investment which is an obligation of a fund for which such institution or affiliate thereof serves as an investment advisor, administrator, shareholder, servicing agent, custodial or sub custodian) may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Trustee and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee out of its own funds immediately as realized without any right of reimbursement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GMACM Mortgage Pass-Through Certificates Series 2004-Ar2)
Payment Account. (a) The Indenture Trustee shall establish and maintain a separate trust account (the “Payment Account Account”) titled “________________________________, as Indenture Trustee, for the benefit of the Certificateholders in which Noteholders, the Servicer Certificate Paying Agent and the Credit Enhancer pursuant to the Indenture, dated as of _______________, between Shellpoint Mortgage Acceptance LLC Trust Series 20__-__ and __________________________________”. The Payment Account shall cause to be deposited on behalf of the Trustee on or before 2:00 P.M. New York time on an Eligible Account. On each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited amounts on deposit in the Payment Account pursuant to will be distributed by the Indenture Trustee in accordance with Section 3.12(a)3.05 of the Indenture. The Indenture Trustee shall, (iii) any amount required to be deposited in upon written request from the Payment Account pursuant to Section 4.07Servicer, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, invest or cause the institution maintaining the Payment Account to invest, or hold uninvested, invest the funds in the Payment Account in Permitted Eligible Investments designated in the name of the Trustee for the benefit of the CertificateholdersIndenture Trustee, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Payment Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained may mature or be payable on demand on such Distribution Payment Date and (ii) any other investment may mature or be payable on demand on such Distribution Payment Date if the Indenture Trustee shall advance funds on such Distribution Payment Date to the Payment Account in the amount payable on such investment on such Distribution Payment Date, pending receipt thereof to the extent necessary to make distributions on the CertificatesSecurities) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Trustee Servicer and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee Servicer out of its own funds immediately as realized without any right of reimbursementrealized.
Appears in 1 contract
Samples: Servicing Agreement (Shellpoint Mortgage Acceptance LLC)
Payment Account. (a) The Indenture Trustee shall establish and maintain a Payment Account titled "JPMorgan Chase Bank, N.A., as Indenture Trustee, for the benefit of the Certificateholders in which Securityholders, the Servicer Certificate Paying Agent and the Credit Enhancer pursuant to the Indenture, dated as of May 25, 2006, between Home Equity Loan Trust 2006-HSA3 and JPMorgan Chase Bank, N.A." The Payment Account shall cause to be deposited on behalf of the Trustee on or before 2:00 P.M. New York time on an Eligible Account. On each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited amounts on deposit in the Payment Account pursuant to will be distributed by the Indenture Trustee in accordance with Section 3.12(a)3.05 of the Indenture. The Indenture Trustee shall, (iii) any amount required to be deposited in upon written request from the Payment Account pursuant to Section 4.07Master Servicer, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, invest or cause the institution maintaining the Payment Account to invest, or hold uninvested, invest the funds in the Payment Account in Permitted Investments designated in the name of the Trustee for the benefit of the CertificateholdersIndenture Trustee, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Payment Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained or any investment in a fund for which the institution acts as a custodian, may mature or be payable on demand on such Distribution Payment Date and (ii) any other investment may mature or be payable on demand on such Distribution Payment Date if the Indenture Trustee shall advance funds on such Distribution Payment Date to the Payment Account in the amount payable on such investment on such Distribution Payment Date, pending receipt thereof to the extent necessary to make distributions on the CertificatesSecurities) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Trustee Master Servicer and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee Master Servicer out of its own funds immediately as realized without any right of reimbursementrealized.
Appears in 1 contract
Samples: Servicing Agreement (Home Equity Loan Trust 2006-Hsa3)
Payment Account. (a) The Indenture Trustee shall establish and maintain a separate non-interest bearing trust account (the "Payment Account") designated "Deutsche Bank National Trust Company, as Indenture Trustee, in trust for the registered holders of the IndyMac Asset-Backed Notes, Series 2006-H3." The Payment Account for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf of the an Eligible Account. The Indenture Trustee on or before 2:00 P.M. New York time on each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited in the Payment Account pursuant to Section 3.12(a), (iii) any amount required to be deposited in the Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, shall invest or cause the institution maintaining the Payment Account to invest, or hold uninvested, invest the funds in the Payment Account Account, other than any funds that were drawn on the Policy in Permitted respect of Insured Amounts, in Eligible Investments designated in the name of the Indenture Trustee for the benefit of the CertificateholdersNoteholders, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Indenture Trustee and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Indenture Trustee out of its own funds immediately as realized without any right of reimbursement. The Indenture Trustee shall deposit any amounts representing payments on and any collections in respect of the Mortgage Loans received by it immediately following receipt thereof to the Payment Account including, without limitation, all amounts (i) withdrawn by the Servicer from the Collection Account pursuant to Section 3.03 herein for deposit to the Payment Account, (ii) any amount, required to be deposited by the Indenture Trustee in connection with any losses on funds in the Payment Account and Avoided Payments (to the extent paid to the Indenture Trustee) and (iii) drawn under the Policy in respect of Insured Amounts.
Appears in 1 contract
Payment Account. (a) The Trustee shall establish and maintain a an account entitled “Payment Account of [ - ], as Trustee for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf Holders of the FBRSI Trust 200_-_, Asset-Backed Pass-Through Certificates, Series 200_-_.” The Trustee on or before 2:00 P.M. New York time on each shall, promptly upon receipt of funds from the Master Servicer, deposit such funds into the Payment Account Deposit Date by wire transfer of immediately available and retain such funds an amount equal to on deposit until the sum of related Distribution Date.
(ib) any Advance for the immediately succeeding On each Distribution Date, (ii) any amount required to be deposited the Trustee shall withdraw funds on deposit in the Payment Account pursuant to Section 3.12(a)7.7 and distribute the Available Distribution Amount to the Certificateholders and any other parties entitled thereto in the amounts and priorities set forth in Section 8.1. The Trustee may from time to time withdraw from the Payment Account and pay the Master Servicer, (iii) the Trustee or any amount required Servicer any amounts permitted to be deposited paid or reimbursed to such Person from funds in the Payment Account pursuant to Section 4.07, the clauses (i) through (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting of the definition of Available Distribution Amount for Amount, to the immediately succeeding Distribution Dateextent that any such amount has not previously been retained by or paid to such person.
(bc) The Trustee may invest, or cause the institution maintaining the Payment Account shall be an Eligible Account. If an existing Payment Account ceases to invest, or hold uninvestedbe an Eligible Account, the Trustee shall establish a new Payment Account that is an Eligible Account within 30 days and transfer all funds on deposit in such existing Payment Account into such new Payment Account.
(d) Funds in the Payment Account may be invested only in Permitted Eligible Investments designated in selected by and at the name written direction of the Trustee for the benefit of the Certificateholders, which that shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and any such Permitted Investment shall not be sold or disposed of prior to its maturity. All such Eligible Investments shall be made in the name of the Trustee (in its capacity as such) or its nominee. All income and gain realized from any such investment or from uninvested balances in the Payment Account Permitted Investment shall be for the benefit of the Trustee and shall be subject to its withdrawal or order from time to time, and shall not constitute part of the Trust Fund. The amount of any losses incurred in respect of any such investments shall be deposited in the such Payment Account by the Trustee out of its own funds immediately as realized funds, without any right of reimbursementreimbursement therefor, immediately as realized.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (FBR Securitization, Inc.)
Payment Account. (a) The Trustee shall establish and maintain a Payment Account for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf of the Trustee on or before 2:00 P.M. New York time on each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited in the Payment Account pursuant to Section 3.12(a), (iii) any amount required to be deposited in the Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, invest or cause the institution maintaining the Payment Account to invest, or to hold uninvested, the funds in the Payment Account in Permitted Investments designated in the name of the Trustee for the benefit of the Certificateholders, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Trustee and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee out of its own funds immediately as realized without any right of reimbursement. The Trustee or its Affiliates are permitted to receive additional compensation that could be deemed to be in the Trustee’s economic self-interest for (i) serving as investment adviser, administrator, shareholder, servicing agent, custodian or sub-custodian with respect to certain of the Permitted Investments, (ii) using Affiliates to effect transactions in certain Permitted Investments and (iii) effecting transactions in certain Permitted Investments. Such compensation shall not be an amount that is reimbursable or payable by the Company or otherwise pursuant to this Agreement. Except as otherwise expressly provided herein, the Trustee shall have no obligation to invest or reinvest any funds held in any accounts under this Agreement in the absence of timely written direction and shall not be liable for the selection of investments or for investment losses incurred thereon.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gmacm Mortgage Loan Trust 2005-J1)
Payment Account. (a) The Trustee shall establish and maintain a Payment Account for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf of the Trustee on or before 2:00 P.M. New York time on each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited in the Payment Account pursuant to Section 3.12(a), (iii) any amount required to be deposited in the Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may shall, at the written direction of the Servicer, invest, or cause the institution maintaining the Payment Account to invest, or hold uninvested, the funds in the Payment Account in Permitted Investments designated in the name of the Trustee for the benefit of the Certificateholders, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained (or any investment which is an obligation of a fund for which such institution or affiliate thereof serves as an investment advisor, administrator, shareholder, servicing agent, custodian or sub custodian) may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Trustee Servicer and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee Servicer out of its own funds immediately as realized without any right of reimbursement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GMACM Mortgage Loan Trust 2005-Aa1)
Payment Account. (a) The Trustee shall establish and maintain a Payment Account for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf of the Trustee on or before 2:00 P.M. New York time on each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited in the Payment Account pursuant to Section 3.12(a), (iii) any amount required to be deposited in the Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, or cause the institution maintaining the Payment Account to invest, or hold uninvested, the funds in the Payment Account in Permitted Investments designated in the name of the Trustee for the benefit of the Certificateholders, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained (or any investment which is an obligation of a fund for which such institution or affiliate thereof serves as an investment advisor, administrator, shareholder, servicing agent, custodial or sub-custodian) may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Trustee and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee out of its own funds immediately as realized without any right of reimbursement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GMAC Mortgage Pass-Through Certificates, Series 2004-Ar1)
Payment Account. (a) The Indenture Trustee shall establish and maintain a separate non-interest bearing trust account (the “Payment Account”) designated “Deutsche Bank National Trust Company, as Indenture Trustee, in trust for the registered holders of the IndyMac Asset-Backed Notes, Series 2007-H1.” The Payment Account for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf of the an Eligible Account. The Indenture Trustee on or before 2:00 P.M. New York time on each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited in the Payment Account pursuant to Section 3.12(a), (iii) any amount required to be deposited in the Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, shall invest or cause the institution maintaining the Payment Account to invest, or hold uninvested, invest the funds in the Payment Account Account, other than any funds that were drawn on the Policy in Permitted respect of Insured Payments, in Eligible Investments designated in the name of the Indenture Trustee for the benefit of the CertificateholdersNoteholders, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturitysuch Payment Date. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Indenture Trustee and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Indenture Trustee out of its own funds immediately as realized without any right of reimbursement. The Indenture Trustee shall deposit any amounts representing payments on and any collections in respect of the Mortgage Loans received by it immediately following receipt thereof to the Payment Account including, without limitation, all amounts (i) withdrawn by the Servicer from the Collection Account pursuant to Section 3.03 herein for deposit to the Payment Account, (ii) any amount, required to be deposited by the Indenture Trustee in connection with any losses on funds in the Payment Account and Preference Amounts (to the extent paid to the Indenture Trustee) and (iii) drawn under the Policy in respect of Insured Payments.
Appears in 1 contract
Samples: Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2007-H1)
Payment Account. (a) The Trustee shall establish and maintain a Payment Account for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf of the Trustee on or before 2:00 P.M. New York time on each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited in the Payment Account pursuant to Section 3.12(a), (iii) any amount required to be deposited in the Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may shall, at the written direction of the Servicer, invest, or cause the institution maintaining the Payment Account to invest, or hold uninvested, the funds in the Payment Account in Permitted Investments designated in the name of the Trustee for the benefit of the Certificateholders, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained (or any investment which is an obligation of a fund for which such institution or affiliate thereof serves as an investment advisor, administrator, shareholder, servicing agent, custodian or sub custodian) may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Trustee Servicer and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee Servicer out of its own funds immediately as realized without any right of reimbursement. The Trustee or its Affiliates are permitted to receive additional compensation that could be deemed to be in the Trustee's economic self-interest for (i) serving as investment adviser, administrator, shareholder, servicing agent, custodian or sub-custodian with respect to certain of the Permitted Investments, (ii) using Affiliates to effect transactions in certain Permitted Investments and (iii) effecting transactions in certain Permitted Investments. Such compensation shall not be an amount that is reimbursable or payable by the Company or otherwise pursuant to this Agreement. Except as otherwise expressly provided herein, the Trustee shall have no obligation to invest or reinvest any funds held in any accounts under this Agreement in the absence of timely written direction and shall not be liable for the selection of investments or for investment losses incurred thereon.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gmacm Mortgage Loan Trust 2005-Ar3)
Payment Account. (a) The Trustee shall establish and maintain a Payment Account for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf of the Trustee on or before 2:00 P.M. New York time on each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited in the Payment Account pursuant to Section 3.12(a), (iii) any amount required to be deposited in the Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) . The Trustee may invest, or cause the institution maintaining the Payment Account to invest, or hold uninvested, the funds in the Payment Account in Permitted Investments designated in the name of the Trustee for the benefit of the Certificateholders, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained (or any investment which is an obligation of a fund for which such institution or affiliate thereof serves as an investment advisor, administrator, shareholder, servicing agent, custodian or sub custodian) may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Trustee and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee out of its own funds immediately as realized without any right of reimbursement. The Trustee or its Affiliates are permitted to receive additional compensation that could be deemed to be in the Trustee's economic self-interest for (i) serving as investment adviser, administrator, shareholder, servicing agent, custodian or sub-custodian with respect to certain of the Permitted Investments, (ii) using Affiliates to effect transactions in certain Permitted Investments and (iii) effecting transactions in certain Permitted Investments. Such compensation shall not be an amount that is reimbursable or payable by the Company or otherwise pursuant to this Agreement. Except as otherwise expressly provided herein, the Trustee shall have no obligation to invest or reinvest any funds held in any accounts under this Agreement in the absence of timely written direction and shall not be liable for the selection of investments or for investment losses incurred thereon.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gmacm Mortgage Loan Trust 2005-Ar6)
Payment Account. (a) The Trustee shall establish and maintain a Payment Account for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf of the Trustee on or before 2:00 P.M. New York time on each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited in the Payment Account pursuant to Section 3.12(a), (iii) any amount required to be deposited in the Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, invest or cause the institution maintaining the Payment Account to invest, or hold uninvested, the funds in the Payment Account in Permitted Investments designated in the name of the Trustee for the benefit of the Certificateholders, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained (or any investment which is an obligation of a fund for which such institution or affiliate thereof serves as an investment advisor, administrator, shareholder, servicing agent, custodian or sub-custodian) may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Trustee and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee out of its own funds immediately as realized without any right of reimbursement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GMACM Mortgage Loan Trust 2006-Ar2)
Payment Account. (a) The Indenture Trustee shall establish and maintain a Payment Account titled "JPMorgan Chase Bank, N.A., as Indenture Trustee, for the benefit of the Certificateholders in which Securityholders, the Servicer Certificate Paying Agent and the Credit Enhancer pursuant to the Indenture, dated as of February 24, 2006, between Home Equity Loan Trust 2006-HSA2 and JPMorgan Chase Bank, N.
A. The Payment Account shall cause to be deposited on behalf of the Trustee on or before 2:00 P.M. New York time on an Eligible Account. On each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited amounts on deposit in the Payment Account pursuant to will be distributed by the Indenture Trustee in accordance with Section 3.12(a)3.05 of the Indenture. The Indenture Trustee shall, (iii) any amount required to be deposited in upon written request from the Payment Account pursuant to Section 4.07Master Servicer, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, invest or cause the institution maintaining the Payment Account to invest, or hold uninvested, invest the funds in the Payment Account in Permitted Investments designated in the name of the Trustee for the benefit of the CertificateholdersIndenture Trustee, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Payment Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained or any investment in a fund for which the institution acts as a custodian, may mature or be payable on demand on such Distribution Payment Date and (ii) any other investment may mature or be payable on demand on such Distribution Payment Date if the Indenture Trustee shall advance funds on such Distribution Payment Date to the Payment Account in the amount payable on such investment on such Distribution Payment Date, pending receipt thereof to the extent necessary to make distributions on the CertificatesSecurities) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Trustee Master Servicer and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee Master Servicer out of its own funds immediately as realized without any right of reimbursementrealized.
Appears in 1 contract
Samples: Servicing Agreement (RFMSII Series 2006-Hsa2 Trust)
Payment Account. (a) The Trustee shall establish and maintain a Payment Account for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf of the Trustee on or before 2:00 P.M. New York time on each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited in the Payment Pooling and Servicing Agreement Account pursuant to Section 3.12(a), (iii) any amount required to be deposited in the Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, or cause the institution maintaining the Payment Account to invest, or hold uninvested, the funds in the Payment Account in Permitted Investments designated in the name of the Trustee for the benefit of the Certificateholders, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Trustee and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee out of its own funds immediately as realized without any right of reimbursement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc)
Payment Account. (a) The On or prior to the date hereof, the Indenture Trustee shall establish and maintain one or more segregated trust accounts (collectively, the “Payment Account”) at Xxxxx Fargo Bank, N.A. (or such other financial institution as necessary to ensure that the Payment Account is at all times an Eligible Account or a sub-account of an Eligible Account, in each case subject to an Account Control Agreement) in its name, as Indenture Trustee, bearing a designation clearly indicating that such account and all funds deposited therein are held for the exclusive benefit of the Noteholders, the Insurer and the Issuer as their interests may appear. The Indenture Trustee shall deposit or cause to be deposited in the Payment Account, upon receipt, all payments and other collections received from the Property Manager, the Collection Account (including the proceeds of investments therein), or the Insurance Policy Proceeds Account on or in respect of the Mortgaged Properties and Leases subsequent to the commencement of the initial Collection Period. Except as provided in this Indenture, the Indenture Trustee, in accordance with the terms of this Indenture, shall have exclusive control and sole right of withdrawal with respect to the Payment Account. Funds in the Payment Account shall not be commingled with any other monies. All monies deposited from time to time in the Payment Account shall be held by and under the control of the Indenture Trustee in the Payment Account for the benefit of the Certificateholders Noteholders, the Insurer and the Issuer as herein provided.
(b) Amounts in which the Servicer shall cause to Payment Account may be deposited on behalf invested by the Indenture Trustee, at the risk of the Trustee Indenture Trustee, only in Permitted Investments that mature, unless payable on or before 2:00 P.M. New York demand, no later than the time on each Payment Account Deposit Date by wire transfer of immediately available such funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount are required to be deposited in withdrawn from the Payment Account pursuant to Section 3.12(a), (iii) any amount required to be deposited in this Indenture on the first Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, or cause the institution maintaining the Payment Account to invest, or hold uninvested, the funds in the Payment Account in Permitted Investments designated in the name of the Trustee for the benefit of the Certificateholders, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable occur after such investment. Interest or other income earned on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances funds in the Payment Account shall be retained by the Indenture Trustee; provided, however, that any losses realized in connection with such investment shall be for the benefit account of the Indenture Trustee, and the Indenture Trustee and shall be subject to its withdrawal or order from time to time. The deposit the amount of any losses incurred in respect of any such investments shall be deposited loss (to the extent not offset by income from other investments) in the Payment Account immediately upon the realization of such loss.
(c) The Indenture Trustee is authorized to make withdrawals from the Payment Account (the order set forth hereafter in this subsection (c) not constituting an order of priority for such withdrawals) to make payments on the Notes and to other parties as set forth in the priorities of payments pursuant to Section 2.11(c) of this Indenture, to the Insurer and to the Issuer as provided in Section 2.11 hereof, and neither the Issuer nor the Property Manager shall be permitted to make any withdrawal from the Payment Account.
(d) Upon the satisfaction and discharge of this Indenture pursuant to Section 3.01 of this Indenture, the Indenture Trustee shall pay to the Issuer all amounts, if any, held by it remaining as part of the Trustee out of its own funds immediately as realized without any right of reimbursementCollateral.
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Samples: Indenture (Trustreet Properties Inc)
Payment Account. (a) The Indenture Trustee shall establish and maintain a separate trust account (the “Payment Account Account”) titled “__________________________________, as Indenture Trustee, for the benefit of the Certificateholders in which Noteholders, the Servicer Certificate Paying Agent and the Credit Enhancer pursuant to the Indenture, dated as of _______________, between [__] Trust Series ________________ and __________________________________”. The Payment Account shall cause to be deposited on behalf of the Trustee on or before 2:00 P.M. New York time on an Eligible Account. On each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited amounts on deposit in the Payment Account pursuant to will be distributed by the Indenture Trustee in accordance with Section 3.12(a)3.05 of the Indenture. The Indenture Trustee shall, (iii) any amount required to be deposited in upon written request from the Payment Account pursuant to Section 4.07Servicer, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, invest or cause the institution maintaining the Payment Account to invest, or hold uninvested, invest the funds in the Payment Account in Permitted Eligible Investments designated in the name of the Trustee for the benefit of the CertificateholdersIndenture Trustee, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Payment Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained may mature or be payable on demand on such Distribution Payment Date and (ii) any other investment may mature or be payable on demand on such Distribution Payment Date if the Indenture Trustee shall advance funds on such Distribution Payment Date to the Payment Account in the amount payable on such investment on such Distribution Payment Date, pending receipt thereof to the extent necessary to make distributions on the CertificatesSecurities) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Trustee Servicer and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee Servicer out of its own funds immediately as realized without any right of reimbursementrealized.
Appears in 1 contract
Payment Account. (a) The Indenture Trustee shall establish and maintain a Payment Account titled "JPMorgan Chase Bank, N.A., as Indenture Trustee, for the benefit of the Certificateholders in which Securityholders, the Servicer Certificate Paying Agent and the Credit Enhancer pursuant to the Indenture, dated as of July 28, 2006, between Home Equity Loan Trust 2006-HSA4 and JPMorgan Chase Bank, N.
A. The Payment Account shall cause to be deposited on behalf of the Trustee on or before 2:00 P.M. New York time on an Eligible Account. On each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited amounts on deposit in the Payment Account pursuant to will be distributed by the Indenture Trustee in accordance with Section 3.12(a)3.05 of the Indenture. The Indenture Trustee shall, (iii) any amount required to be deposited in upon written request from the Payment Account pursuant to Section 4.07Master Servicer, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, invest or cause the institution maintaining the Payment Account to invest, or hold uninvested, invest the funds in the Payment Account in Permitted Investments designated in the name of the Trustee for the benefit of the CertificateholdersIndenture Trustee, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Payment Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained or any investment in a fund for which the institution acts as a custodian, may mature or be payable on demand on such Distribution Payment Date and (ii) any other investment may mature or be payable on demand on such Distribution Payment Date if the Indenture Trustee shall advance funds on such Distribution Payment Date to the Payment Account in the amount payable on such investment on such Distribution Payment Date, pending receipt thereof to the extent necessary to make distributions on the CertificatesSecurities) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Trustee Master Servicer and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee Master Servicer out of its own funds immediately as realized without any right of reimbursementrealized.
Appears in 1 contract
Samples: Servicing Agreement (Home Equity Loan Trust 2006-Hsa4)
Payment Account. (a) The Trustee shall establish and maintain a Payment Account for the benefit of the Certificateholders in which the Servicer shall cause to be deposited on behalf of the Trustee on or before 2:00 P.M. New York time on each Payment Account Deposit Date by wire transfer of immediately available funds an amount equal to the sum of (i) any Advance for the immediately succeeding Distribution Date, (ii) any amount required to be deposited in the Payment Account pursuant to Section 3.12(a), (iii) any amount required to be deposited in the Payment Account pursuant to Section 4.07, (iv) any amount required to be paid pursuant to Section 9.01 and (v) all other amounts constituting the Available Distribution Amount for the immediately succeeding Distribution Date.
(b) The Trustee may invest, or cause the institution maintaining the Payment Account to invest, or hold uninvested, uninvested the funds in the Payment Account in Permitted Investments designated in the name of the Trustee for the benefit of the Certificateholders, which shall mature or be payable on demand not later than the Business Day next preceding the Distribution Date next following the date of such investment (except that (i) any investment in the institution with which the Payment Account is maintained may mature or be payable on demand on such Distribution Date and (ii) any other investment may mature or be payable on demand on such Distribution Date if the Trustee shall advance funds on such Distribution Date to the Payment Account in the amount payable on such investment on such Distribution Date, pending receipt thereof to the extent necessary to make distributions on the Certificates) and shall not be sold or disposed of prior to maturity. All income and gain realized from any such investment or from uninvested balances in the Payment Account shall be for the benefit of the Trustee and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Payment Account by the Trustee out of its own funds immediately as realized without any right of reimbursement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc)