Pre-Funding Account. (a) The Indenture Trustee shall establish and maintain the Pre-Funding Account to be held in trust for the benefit of the Noteholders. The Pre-Funding Account shall be an Eligible Account. On the Closing Date, the Depositor will cause to be deposited in the Pre-Funding Account the Original Pre-Funded Amount. Amounts on deposit in the Pre-Funding Account shall be invested by the Indenture Trustee at the direction of the Depositor. (b) On any Subsequent Sales Date, the Master Servicer shall instruct the Indenture Trustee, with a copy to the Depositor, (i) to withdraw from the Pre-Funded Amount in the Pre-Funding Account an amount equal to 100% of the aggregate Stated Principal Balances of the Subsequent Mortgage Loans as of the applicable Subsequent Cut Off Date sold to the Issuer on such Subsequent Sales Date, and (ii) to pay such amounts to or upon the order of the Depositor upon satisfaction of the conditions set forth in Section 2.5(c) hereof with respect thereto. In no event shall the Indenture Trustee withdraw from the Pre-Funding Account an amount in excess of the Original Pre-Funded Amount. (c) On the Business Day immediately following the end of the Funding Period, the Master Servicer shall instruct the Indenture Trustee to transfer the Pre-Funded Amount to the Payment Account for distribution to the Securityholders in accordance with Article 4. The Pre-Funded Amount shall not be invested during the time such Pre-Funded Amount is held in the Payment Account.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Saxon Asset Securities Co)
Pre-Funding Account. (a) The Indenture On or before the Closing Date, the Trustee shall establish and maintain a pre-funding account (the "Pre-Funding Account Account"), which must be an Eligible Account. The Pre-Funding account is to be held in trust by and for the benefit of the Noteholders. The Pre-Funding Account Trustee on behalf of the Certificateholders, and shall be an Eligible Account. either in the Trustee's name or designated in a manner that reflects the custodial nature of the account and that all funds (excluding investment earnings thereon) in such account are held for the benefit of the Trustee.
(b) On or before the Closing Date, the Depositor will cause to be deposited OMI shall deposit $85,907,373 in the Pre-Funding Account the Original Pre-Funded AmountAccount. Amounts on deposit in the Pre-Funding Account shall be invested withdrawn by the Indenture Trustee at the direction of the Depositor.as follows:
(b1) On Pursuant to and in accordance with the Sales Agreement and a notice of direction from an officer of OMI substantially in the form of Exhibit PF herein, on any Subsequent Sales Transfer Date, the Master Servicer Trustee shall instruct the Indenture Trustee, with a copy to the Depositor,
(i) to withdraw from the Pre-Funded Amount in the Pre-Funding Account an amount equal to 100% of the aggregate Stated Scheduled Principal Balances of the Subsequent Mortgage Loans Balance as of the applicable related Subsequent Cut Off Transfer Date sold of each Subsequent Asset transferred and assigned to the Issuer Trustee on such Subsequent Sales Date, and
(ii) to Transfer Date and pay such amounts amount to or upon the order of OMI with respect to such transfer and assignment.
(2) On the Depositor upon satisfaction last day of the conditions set forth Pre-Funding Period, the Trustee shall deposit into the Distribution Account any amounts then remaining in Section 2.5(cthe Pre-Funding Account, net of investment earnings, which amounts shall be included in the Available Distribution Amount for the next Distribution Date and distributed as an additional prepayment of principal to Certificateholders in accordance with the Remittance Report prepared by the Servicer then entitled to such distributions.
(c) hereof with respect theretoThe Pre-Funding Account shall be part of the Trust, but not part of the Pooling REMIC or the Issuing REMIC. In no event The Trustee, on behalf of the Trust, shall be the Indenture legal owner of the Pre-Funding Account. OMI shall be the beneficial owner of the Pre-Funding Account, subject to the foregoing power of the Trustee withdraw from to transfer amounts in the Pre-Funding Account an amount to the Distribution Account. Funds in excess the Pre-Funding Account shall, at the direction of the Original Servicer, be invested in Eligible Investments that mature no later than the Business Day prior to the next occurring Distribution Date. All amounts earned on deposits in the Pre-Funded Amount.
(c) On Funding Account shall be taxable to OMI. The Trustee shall release to OMI all investment earnings in the Pre-Funding Account on the Business Day immediately following the end of the Pre-Funding Period, .
(d) Each Subsequent Asset acquired by the Master Servicer shall instruct the Indenture Trustee to transfer Trust with funds from the Pre-Funded Amount Funding Account shall be acquired pursuant to a fixed price contract within the Payment Account for distribution to the Securityholders in accordance with Article 4meaning of I.R.C.ss. The Pre-Funded Amount shall not be invested during the time such Pre-Funded Amount is held in the Payment Account860G(a)(3)(A)(ii).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc)
Pre-Funding Account. (a) The Indenture a. On or before the Closing Date, the Trustee shall establish and maintain the Pre-Pre- Funding Account to be held in trust for the benefit on behalf of the NoteholdersTrust, which must be an Eligible Account. The Pre-Funding Account shall be an Eligible entitled "Pre-Funding Account, U.S. Bank National Association as Trustee for the benefit of holders of Certificates, Series 2001- 1." The Trustee shall maintain within the Pre-Funding Account two subaccounts, the Pre-Funding Subaccount and the Undelivered Contract Subaccount. On The Undelivered Contract Subaccount pertains to those Land-and-Home Contracts transferred to the Trust on the Closing Date, the Depositor will cause to be Date that are Undelivered Contracts. Funds deposited in the Pre-Funding Account shall be held in trust by the Original Trustee for the Holders of the Certificates for the uses and purposes set forth herein.
b. The Trustee shall deposit in the Pre-Funded AmountFunding Subaccount the amount received from the Seller pursuant to Section 2.02(v). Amounts on deposit in the Pre-Funding Account Subaccount shall be invested withdrawn by the Indenture Trustee at the direction of the Depositor.as follows:
(bi) On any Subsequent Sales Transfer Date, the Master Servicer Trustee shall instruct the Indenture Trustee, with a copy to the Depositor,
(i) to withdraw from the Pre-Funded Amount in the Pre-Funding Account an amount equal to 100% of the aggregate Stated Cut-off Date Principal Balances Balance of the each Subsequent Mortgage Loans as of the applicable Subsequent Cut Off Date sold Contract transferred and assigned to the Issuer Trustee on such Subsequent Sales Date, and
(ii) to Transfer Date and pay such amounts amount to or upon the order of the Depositor Seller upon satisfaction of the conditions set forth in Section 2.5(c2.03(b) hereof with respect thereto. In no event shall the Indenture Trustee withdraw from the Pre-Funding Account an amount in excess of the Original Pre-Funded Amountto such transfer and assignment.
(cii) On the Business Day immediately following preceding the end Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Pre-Funding Subaccount, net of investment earnings.
c. The Trustee shall deposit in the Undelivered Contract Subaccount the amount received from the Seller pursuant to Section 2.02(w). Amounts on deposit in the Undelivered Contract Subaccount shall be withdrawn by the Trustee as follows:
(i) If the Seller delivers the related Land-and-Home Contract File for an Undelivered Contract to the Trustee at least two Business Days before the last day of the Pre-Funding Period, the Master Servicer Trustee shall instruct withdraw an amount equal to 100% of the Indenture Cut-off Date Principal Balance of such Contract and pay such amount to or upon the order of the Seller.
(ii) [Reserved]
(iii) The Seller shall give the Trustee telephonic notice of its intended delivery of Land-and-Home Contract Files. The Trustee will use reasonable efforts to transfer process the PreLand-Funded Amount and-Home Contract Files and remit any amount payable for them to the Payment Seller in a timely manner.
(iv) On the Business Day immediately preceding the Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account for distribution to any amounts remaining in the Securityholders in accordance with Article 4. Undelivered Contract Subaccount, net of investment earnings.
d. The Pre-Funded Amount Funding Account shall be part of the Trust but not be invested during part of the time such Pre-Funded Amount is held in the Payment Account.Master REMIC, Intermediate
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)
Pre-Funding Account. (a) The Indenture a. On or before the Closing Date, the Trustee shall establish and maintain the Pre-Funding Account to be held in trust for the benefit on behalf of the NoteholdersTrust, which must be an Eligible Account, and shall deposit therein the amounts received from the Company pursuant to Section 2.02(t) and (u). The Pre-Funding Account shall be an Eligible entitled "Pre-Funding Account. On , U.S. Bank National Association as Trustee for the benefit of holders of Certificates, Series 1998-4." The Trustee shall maintain within the Pre-Funding Account a subaccount, the Undelivered Contract Subaccount, which pertains to those Contracts transferred to the Trust on the Closing Date, the Depositor will cause to be Date that are Undelivered Contracts. Funds deposited in the Pre-Funding Account shall be held in trust by the Original Pre-Funded Amount. Trustee for the Holders of the Certificates for the uses and purposes set forth herein.
b. Amounts on deposit in the Pre-Funding Account shall be invested withdrawn by the Indenture Trustee at the direction of the Depositor.as follows:
(bi) On any Subsequent Sales Transfer Date, the Master Servicer Trustee shall instruct the Indenture Trustee, with a copy to the Depositor,
(i) to withdraw from the Pre-Funded Amount in the Pre-Funding Account an amount equal to 100% of the aggregate Stated Cut-off Date Principal Balances Balance of the each Subsequent Mortgage Loans as of the applicable Subsequent Cut Off Date sold Contract transferred and assigned to the Issuer Trustee on such Subsequent Sales Date, and
(ii) to Transfer Date and pay such amounts amount to or upon the order of the Depositor Company upon satisfaction of the conditions set forth in Section 2.5(c2.03(b) hereof with respect thereto. In no event shall the Indenture Trustee withdraw from the Pre-Funding Account an amount in excess of the Original Pre-Funded Amountto such transfer and assignment.
(cii) On the Business Day immediately following preceding the end Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Pre-Funding Account, net of investment earnings.
c. Amounts on deposit in the Undelivered Contract Subaccount shall be withdrawn by the Trustee as follows:
(i) If the Company delivers the related Contract File for an Undelivered Contract to the Trustee at least two Business Days before the last day of the Pre-Funding Period, the Trustee shall withdraw an amount equal to 100% of the Cut-off Date Principal Balance of such Contract and pay such amount to or upon the order of the Company.
(ii) [Reserved]
(iii) The Company shall give the Trustee telephonic notice of its intended delivery of Contract Files. The Trustee will use reasonable efforts to process Contract Files and remit any amount payable for them to the Company in a timely manner.
(iv) On the Business Day immediately preceding the Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Undelivered Contract Subaccount, net of investment earnings.
d. The Pre-Funding Account shall be part of the Trust but not part of the Master Servicer REMIC or Subsidiary REMIC. The Trustee on behalf of the Trust shall instruct be the Indenture legal owner of the Pre-Funding Account. The Company shall be the beneficial owner of the Pre-Funding Account, subject to the foregoing power of the Trustee to transfer amounts in the Pre-Funded Amount Funding Account to the Payment Certificate Account. Funds in the Pre-Funding Account for distribution shall, at the direction of the Servicer, be invested in Eligible Investments of the kind described in clauses (i) and (ii)(A) of the definition of "Eligible Investment" and that mature no later than the Business Day prior to the Securityholders next succeeding Payment Date. All amounts earned on deposits in accordance with Article 4the Pre-Funding Account shall be taxable to the Company. The Trustee shall release to the Company all investment earnings in the Pre-Funded Amount shall not be invested during Funding Account on the time such PrePost-Funded Amount is held in the Funding Payment AccountDate.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Green Tree Financial Corp)
Pre-Funding Account. (a) The Indenture a. On or before the Closing Date, the Trustee shall establish and maintain the Pre-Funding Account to be held in trust for the benefit on behalf of the NoteholdersTrust, which must be an Eligible Account. The Pre-Funding Account shall be an Eligible entitled "Pre-Funding Account, U.S. Bank National Association as Trustee for the benefit of holders of Certificates, Series ____." The Trustee shall maintain within the Pre-Funding Account two subaccounts, the Pre-Funding Subaccount and the Undelivered Contract Subaccount. On The Undelivered Contract Subaccount pertains to those Land-and-Home Contracts transferred to the Trust on the Closing Date, the Depositor will cause to be Date that are Undelivered Contracts. Funds deposited in the Pre-Funding Account shall be held in trust by the Original Trustee for the Holders of the Certificates for the uses and purposes set forth herein.
b. The Trustee shall deposit in the Pre-Funded AmountFunding Subaccount the amount received from the Seller pursuant to Section 2.02(t). Amounts on deposit in the Pre-Funding Account Subaccount shall be invested withdrawn by the Indenture Trustee at the direction of the Depositor.as follows:
(bi) On any Subsequent Sales Transfer Date, the Master Servicer Trustee shall instruct the Indenture Trustee, with a copy to the Depositor,
(i) to withdraw from the Pre-Funded Amount in the Pre-Funding Account an amount equal to 100% of the aggregate Stated Cut-off Date Principal Balances Balance of the each Subsequent Mortgage Loans as of the applicable Subsequent Cut Off Date sold Contract transferred and assigned to the Issuer Trustee on such Subsequent Sales Date, and
(ii) to Transfer Date and pay such amounts amount to or upon the order of the Depositor Seller upon satisfaction of the conditions set forth in Section 2.5(c2.03(b) hereof with respect thereto. In no event shall the Indenture Trustee withdraw from the Pre-Funding Account an amount in excess of the Original Pre-Funded Amountto such transfer and assignment.
(cii) On the Business Day immediately following preceding the end Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Pre-Funding Subaccount, net of investment earnings.
c. The Trustee shall deposit in the Undelivered Contract Subaccount the amount received from the Seller pursuant to Section 2.02(u). Amounts on deposit in the Undelivered Contract Subaccount shall be withdrawn by the Trustee as follows:
(i) If the Seller delivers the related Land-and-Home Contract File for an Undelivered Contract to the Trustee at least two Business Days before the last day of the Pre-Funding Period, the Trustee shall withdraw an amount equal to 100% of the Cut-off Date Principal Balance of such Contract and pay such amount to or upon the order of the Seller.
(ii) [Reserved]
(iii) The Seller shall give the Trustee telephonic notice of its intended delivery of Land-and-Home Contract Files. The Trustee will use reasonable efforts to process the Land-and-Home Contract Files and remit any amount payable for them to the Seller in a timely manner.
(iv) On the Business Day immediately preceding the Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Undelivered Contract Subaccount, net of investment earnings.
d. The Pre-Funding Account shall be part of the Trust but not part of the Master Servicer REMIC or Subsidiary REMIC. The Trustee on behalf of the Trust shall instruct be the Indenture legal owner of the Pre-Funding Account. The Seller shall be the beneficial owner of the Pre-Funding Account, subject to the foregoing power of the Trustee to transfer amounts in the Pre-Funded Amount Funding Account to the Payment Certificate Account. Funds in the Pre-Funding Account for distribution shall, at the direction of the Servicer, be invested in Eligible Investments of the kind described in clauses (i) and (ii)(A) of the definition of "Eligible Investment" and that mature no later than the Business Day prior to the Securityholders next succeeding Payment Date. All amounts earned on deposits in accordance with Article 4the Pre-Funding Account shall be taxable to the Seller. The Trustee shall release to the Seller all investment earnings in the Pre-Funded Amount shall not be invested during Funding Account on the time such PrePost-Funded Amount is held in the Payment AccountFunding Remittance Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)
Pre-Funding Account. (a) The Indenture Trustee shall establish and shall thereafter maintain the Pre-Funding Account to be held in trust for the benefit of the NoteholdersAccount. The Pre-Funding Account shall be an Eligible Account. The Pre-Funding Account shall be entitled "Xxxxxx Trust and Savings Bank, as Trustee, for the benefit of registered holders of National Auto Trust Automobile Loan Asset-Backed Certificates, and the Certificate Insurer -- Pre-Funding Account." On the Closing Date, the Depositor will cause Transferor shall deliver $7,747,810.67 to be deposited the Trustee for deposit in the Pre-Funding Account and the Original Trustee shall deposit such amount therein upon its receipt thereof. The Trustee also shall deposit into the Pre-Funded Amount. Amounts Funding Account any income or gain earned from the investment of amounts on deposit in the Pre-Funding Account shall be invested by the Indenture Trustee at the direction of the Depositoras received.
(b) On any each Subsequent Sales Transfer Date, the Master Servicer shall instruct the Indenture Trustee, with a copy to the Depositor,
(i) to withdraw from the Pre-Funded Amount in the Pre-Funding Account an amount equal to 100% of the aggregate Stated Principal Balances of the Subsequent Mortgage Loans as of the applicable Subsequent Cut Off Date sold to the Issuer on such Subsequent Sales Date, and
(ii) to pay such amounts to or upon the order of the Depositor upon satisfaction of each of the conditions set forth in Section 2.5(c) hereof 2.06 with respect thereto. In no event to the transfer of Additional Contracts to the Trust on such Subsequent Transfer Date, the Trustee shall the Indenture Trustee withdraw from the Pre-Funding Account an and pay to the Transferor the amount designated in excess the Transferor's written direction to the Trustee and the Master Servicer delivered pursuant to Section 2.06. On each Distribution Date, any income and gain earned from the investment of amounts on deposit in the Pre-Funding Account since the previous Distribution Date (or the Closing Date, in the case of the Original first Distribution Date) shall be deposited to the Certificate Account. On the Distribution Date related to the Reporting Date next succeeding termination of the Pre-Funded Amount.
(c) On the Business Day immediately following the end of the Funding Period, the Master Servicer Trustee shall instruct the Indenture Trustee to transfer withdraw from the Pre-Funded Amount to Funding Account and deposit in the Payment Certificate Account for distribution to the Securityholders amount on deposit in accordance with Article 4. The the Pre-Funded Amount shall not be invested during Funding Account as of the time such close of business on the last day of the Pre-Funded Amount is held in the Payment AccountFunding Period.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (National Auto Finance Co Inc)
Pre-Funding Account. (a) The Indenture Trustee shall establish and shall thereafter maintain the Pre-Funding Account to be held in trust for the benefit of the NoteholdersAccount. The Pre-Funding Account shall be an Eligible Account. The Pre-Funding Account shall be entitled "Xxxxxx Trust and Savings Bank, as Trustee, for the benefit of registered holders of National Auto Trust Automobile Receivables-Backed Certificates, and the Certificate Insurer -- Pre-Funding Account." On the Closing Date, the Depositor will cause Transferor shall deliver $15,524,168.66 to be deposited the Trustee for deposit in the Pre-Funding Account and the Original Trustee shall deposit such amount therein upon its receipt thereof. The Trustee also shall deposit into the Pre-Funded Amount. Amounts Funding Account any income or gain earned from the investment of amounts on deposit in the Pre-Funding Account shall be invested by the Indenture Trustee at the direction of the Depositoras received.
(b) On any each Subsequent Sales Transfer Date, the Master Servicer shall instruct the Indenture Trustee, with a copy to the Depositor,
(i) to withdraw from the Pre-Funded Amount in the Pre-Funding Account an amount equal to 100% of the aggregate Stated Principal Balances of the Subsequent Mortgage Loans as of the applicable Subsequent Cut Off Date sold to the Issuer on such Subsequent Sales Date, and
(ii) to pay such amounts to or upon the order of the Depositor upon satisfaction of each of the conditions set forth in Section 2.5(c) hereof 2.06 with respect thereto. In no event to the transfer of Additional Contracts to the Trust on such Subsequent Transfer Date, the Trustee shall the Indenture Trustee withdraw from the Pre-Funding Account an and pay to the Transferor the amount designated in excess the Transferor's written direction to the Trustee and the Servicer delivered pursuant to Section 2.06. On each Distribution Date, any income and gain earned from the investment of amounts on deposit in the Pre-Funding Account since the previous Distribution Date (or the Closing Date, in the case of the Original first Distribution Date) shall be deposited to the Certificate Account. On the Distribution Date related to the Reporting Date next succeeding termination of the Pre-Funded Amount.
(c) On the Business Day immediately following the end of the Funding Period, the Master Servicer Trustee shall instruct the Indenture Trustee to transfer withdraw from the Pre-Funded Amount to Funding Account and deposit in the Payment Certificate Account for distribution to the Securityholders amount on deposit in accordance with Article 4. The the Pre-Funded Amount shall not be invested during Funding Account as of the time such close of business on the last day of the Pre-Funded Amount is held in the Payment AccountFunding Period.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (National Auto Finance Co Inc)
Pre-Funding Account. (a) The Indenture Trustee shall establish and maintain the Pre-Funding Account to be held in trust for the benefit of the Noteholders. The Pre-Funding Account shall be an Eligible Account. On the Closing Date, the Depositor Trust Collateral Agent will cause to be deposited deposit, on behalf of the Seller, in the Pre-Funding Account $6,689,091.18 from the Original Pre-Funded Amount. Amounts on deposit in the Pre-Funding Account shall be invested by the Indenture Trustee at the direction proceeds of the Depositor.
(b) sale of the Notes. On any each Subsequent Sales Transfer Date, the Master Servicer shall instruct the Indenture Trustee, with a copy to the Depositor,
(i) Trust Collateral Agent to withdraw from the Pre-Funded Amount in the Pre-Funding Account an amount equal to 10091% of the aggregate Stated Principal Balances Balance of the Subsequent Mortgage Loans as of the applicable Subsequent Cut Off Date sold Receivables transferred to the Issuer on such Subsequent Sales Date, and
(ii) Transfer Date and to pay distribute such amounts amount to or upon the order of the Depositor Seller upon satisfaction of the conditions set forth in Section 2.5(c) hereof this Agreement with respect theretoto such transfer. In no event The Trust Collateral Agent shall also deposit into the Indenture Trustee Pre-Funding Account any income or gain earned from the investment of amounts on deposit in the Pre-Funding Account as received. On each Distribution Date, any income and gain earned from the investment of amounts on deposit in the Pre-Funding Account since the previous Distribution Date (or the Closing Date, in the case of the first Distribution Date) shall be deposited into the Note Distribution Account.
(b) If the Pre-Funded Amount has not been reduced to zero on the date on which the Pre-Funding Period ends after giving effect to any reductions in the Pre-Funded Amount on such date, the Servicer shall instruct the Trust Collateral Agent to withdraw from the Pre-Funding Account an amount in excess of on the Original Pre-Funded Amount.
(c) On the Business Day immediately following the end of the Funding Period, the Master Servicer shall instruct the Indenture Trustee to transfer Mandatory Redemption Date the Pre-Funded Amount (exclusive of any Pre-Funding Earnings) and deposit an amount equal to the Payment Note Prepayment Amount in the Note Distribution Account for distribution to the Securityholders in accordance with Article 4. The Pre-Funded Amount shall not be invested during the time such Pre-Funded Amount is held in the Payment Accountpriority of payments under Section 5.7(b).
Appears in 1 contract
Samples: Sale and Servicing Agreement (National Auto Finance Co Inc)
Pre-Funding Account. (a) The Indenture a. On or before the Closing Date, the Trustee shall establish and maintain the Pre-Funding Account to be held in trust for the benefit on behalf of the NoteholdersTrust, which must be an Eligible Account. The Pre-Funding Account shall be an Eligible entitled "Pre-Funding Account, U.S. Bank National Association as Trustee for the benefit of holders of Certificates, Series 1999-4." The Trustee shall maintain within the Pre-Funding Account two subaccounts, the Pre-Funding Subaccount and the Undelivered Contract Subaccount. On The Undelivered Contract Subaccount pertains to those Land-and-Home Contracts transferred to the Trust on the Closing Date, the Depositor will cause to be Date that are Undelivered Contracts. Funds deposited in the Pre-Funding Account shall be held in trust by the Original Trustee for the Holders of the Certificates for the uses and purposes set forth herein.
b. The Trustee shall deposit in the Pre-Funded AmountFunding Subaccount the amount received from the Company pursuant to Section 2.02(t). Amounts on deposit in the Pre-Funding Account Subaccount shall be invested withdrawn by the Indenture Trustee at the direction of the Depositor.as follows:
(bi) On any Subsequent Sales Transfer Date, the Master Servicer Trustee shall instruct the Indenture Trustee, with a copy to the Depositor,
(i) to withdraw from the Pre-Funded Amount in the Pre-Funding Account an amount equal to 100% of the aggregate Stated Cut-off Date Principal Balances Balance of the each Subsequent Mortgage Loans as of the applicable Subsequent Cut Off Date sold Contract transferred and assigned to the Issuer Trustee on such Subsequent Sales Date, and
(ii) to Transfer Date and pay such amounts amount to or upon the order of the Depositor Company upon satisfaction of the conditions set forth in Section 2.5(c2.03(b) hereof with respect thereto. In no event shall the Indenture Trustee withdraw from the Pre-Funding Account an amount in excess of the Original Pre-Funded Amountto such transfer and assignment.
(cii) On the Business Day immediately following preceding the end Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Pre-Funding Subaccount, net of investment earnings.
c. The Trustee shall deposit in the Undelivered Contract Subaccount the amount received from the Company pursuant to Section 2.02(u). Amounts on deposit in the Undelivered Contract Subaccount shall be withdrawn by the Trustee as follows:
(i) If the Company delivers the related Land-and-Home Contract File for an Undelivered Contract to the Trustee at least two Business Days before the last day of the Pre-Funding Period, the Trustee shall withdraw an amount equal to 100% of the Cut-off Date Principal Balance of such Contract and pay such amount to or upon the order of the Company.
(ii) [Reserved]
(iii) The Company shall give the Trustee telephonic notice of its intended delivery of Land-and-Home Contract Files. The Trustee will use reasonable efforts to process the Land-and-Home Contract Files and remit any amount payable for them to the Company in a timely manner.
(iv) On the Business Day immediately preceding the Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Undelivered Contract Subaccount, net of investment earnings.
d. The Pre-Funding Account shall be part of the Trust but not part of the Master Servicer REMIC or Subsidiary REMIC. The Trustee on behalf of the Trust shall instruct be the Indenture legal owner of the Pre-Funding Account. The Company shall be the beneficial owner of the Pre-Funding Account, subject to the foregoing power of the Trustee to transfer amounts in the Pre-Funded Amount Funding Account to the Payment Certificate Account. Funds in the Pre-Funding Account for distribution shall, at the direction of the Servicer, be invested in Eligible Investments of the kind described in clauses (i) and (ii)(A) of the definition of "Eligible Investment" and that mature no later than the Business Day prior to the Securityholders next succeeding Payment Date. All amounts earned on deposits in accordance with Article 4the Pre-Funding Account shall be taxable to the Company. The Trustee shall release to the Company all investment earnings in the Pre-Funded Amount shall not be invested during Funding Account on the time such PrePost-Funded Amount is held in the Payment AccountFunding Remittance Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Green Tree Financial Corp)
Pre-Funding Account. (a) The Indenture On or before the Closing Date, the Trustee shall establish and maintain the Pre-Funding Account to be held in trust for the benefit on behalf of the NoteholdersTrust, which must be an Eligible Account. The Pre-Funding Account shall be an Eligible entitled "Pre-Funding Account, U.S. Bank National Association as Trustee for the benefit of holders of Certificates, Series 2002-2." The Trustee shall maintain within the Pre- 109 Funding Account two subaccounts, the Pre-Funding Subaccount and the Undelivered Contract Subaccount. On The Undelivered Contract Subaccount pertains to those Land-and-Home Contracts transferred to the Trust on the Closing Date, the Depositor will cause to be Date that are Undelivered Contracts. Funds deposited in the Pre-Funding Account shall be held in trust by the Original Pre-Funded Amount. Trustee for the Holders of the Certificates for the uses and purposes set forth herein.
(b) Amounts on deposit in the Pre-Funding Account Subaccount shall be invested withdrawn by the Indenture Trustee at the direction of the Depositoras provided below.
(b1) On any Subsequent Sales Transfer Date, the Master Servicer Trustee shall instruct the Indenture Trustee, with a copy to the Depositor,
(i) to withdraw from the Pre-Funded Amount in the Pre-Funding Account an amount equal to 100% of the aggregate Stated Cut-off Date Principal Balances Balance of the each Subsequent Mortgage Loans as of the applicable Subsequent Cut Off Date sold Contract transferred and assigned to the Issuer Trustee on such Subsequent Sales Date, and
(ii) to Transfer Date and pay such amounts amount to or upon the order of the Depositor Seller upon satisfaction of the conditions set forth in Section 2.5(c2.03(b) hereof with respect thereto. In no event shall the Indenture Trustee withdraw from the Pre-Funding Account an amount in excess of the Original Pre-Funded Amountto such transfer and assignment.
(c2) On the Business Day immediately following preceding the end Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Pre-Funding Subaccount, net of investment earnings.
(c) The Trustee shall deposit in the Undelivered Contract Subaccount the amount received from the Seller pursuant to Section 2.02(xxi). Amounts on deposit in the Undelivered Contract Subaccount shall be withdrawn by the Trustee as described below.
(1) If the Seller delivers the related Land-and-Home Contract File for an Undelivered Contract to the Trustee at least two Business Days before the last day of the Pre-Funding Period, the Master Servicer Trustee shall instruct withdraw an amount equal to 100% of the Indenture Cut-off Date Principal Balance of such Contract and pay such amount to or upon the order of the Seller.
(2) [Reserved]
(3) The Seller shall give the Trustee telephonic notice of its intended delivery of Land-and-Home Contract Files. The Trustee will use reasonable efforts to process the Land-and-Home Contract Files and remit any amount payable for them to the Seller in a timely manner.
(4) On the Business Day immediately preceding the Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Undelivered Contract Subaccount, net of investment earnings.
(d) The Pre-Funding Account shall be part of the Trust but not part of any REMIC. The Trustee on behalf of the Trust shall be the legal owner of the Pre-Funding Account. The Seller shall be the beneficial owner of the Pre-Funding Account, subject to the foregoing power of the Trustee to transfer amounts in the Pre-Funded Amount Funding Account to the Payment Certificate Account. Funds in the Pre-Funding Account for distribution shall, at the direction of the Servicer, be invested in Eligible Investments of the kind described in clauses (i) and (ii)(A) of the definition of "Eligible Investment" and that mature no later than the Business Day prior to the Securityholders next succeeding 110 Remittance Date. All amounts earned on deposits in accordance with Article 4the Pre-Funding Account shall be taxable to the Seller. Any losses on such investments shall be deposited in the Pre-Funding Account by the Seller immediately as realized. The Trustee shall release to the Seller all investment earnings in the Pre-Funded Amount shall not be invested during Funding Account on the time such PrePost-Funded Amount is held in the Payment AccountFunding Remittance Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)