Common use of Pre-Funding Account Clause in Contracts

Pre-Funding Account. a. On or before the Closing Date, the Trustee shall establish the Pre- Funding Account on behalf of the Trust, which must be an Eligible Account, and shall deposit therein the amount received from the Seller pursuant to Section 2.02(l). The Pre-Funding Account shall be entitled "Pre-Funding Account, U.S. Bank Trust National Association as Trustee for the benefit of holders of Home Improvement Loan Certificates, Series 2000-E." Funds deposited in the Pre- Funding Account shall be held in trust by the Trustee for the Holders of the Certificates and the Class C Certificate for the uses and purposes set forth herein. b. On or before the Closing Date the Originator shall deposit in the Pre- Funding Account the amount specified in Section 2.02(l). Amounts on deposit in such account shall be withdrawn by the Trustee as follows: (i) On any Subsequent Transfer Date, the Trustee shall withdraw from the Pre-Funding Account an amount equal to 100% of the Cut-off Date Principal Balance of each Subsequent Loan transferred and assigned to the Trustee on such Subsequent Transfer Date and pay such amount to or upon the order of the Originator upon satisfaction of the conditions set forth in Section 2.03(b) with respect to such transfer and assignment. (ii) On the Business Day immediately preceding the Post-Funding Payment Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Pre-Funding Account, net of investment earnings. c. The Pre-Funding Account shall be part of the Trust but not part of the REMIC. The Trustee on behalf of the Trust shall be the legal owner of the Pre- Funding Account. The 8-7 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-Funding Account to the Certificate Account. Funds in the Pre-Funding Account 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 Investments" and that mature no later than the Business Day prior to the next succeeding Payment Date. All amounts earned on deposits in the Pre-Funding Account shall be taxable to the Seller. The Trustee shall release to the Seller all investment earnings in the Pre-Funding Account on the first Payment Date after the end of the Pre-Funding Period.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Conseco Finance Corp)

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Pre-Funding Account. a. On or before the Closing Date, the ------------------- Trustee shall establish and shall thereafter maintain or cause to be maintained the Pre- Pre-Funding Account on behalf of the TrustAccount, which must shall be an Eligible Account, and shall deposit therein in the amount received from name of the Seller pursuant to Section 2.02(l). The Pre-Funding Account shall be entitled "Pre-Funding Account, U.S. Bank Trust National Association as Trustee for the benefit of holders of Home Improvement Loan Certificates, Series 2000-E." Funds deposited in the Pre- Funding Account shall be held in trust by the Trustee for the Holders of the Certificates Insurer and the Class C Certificate for the uses Certificateholders, and purposes set forth herein. b. On or before the Closing Date the Originator shall deposit in therein $13,000,000 received from the Pre- Funding Account the amount specified in Section 2.02(l)Seller. Amounts on deposit in such account the Pre-Funding Account shall be withdrawn by the Trustee as follows: (i) On any Subsequent Transfer Date, the Trustee shall shall, subject to the conditions set forth in Section 2.1(c), withdraw from the Pre-Funding Account an amount equal to 100% of the Cut-off Off Date Principal Balance of each Subsequent Loan transferred and assigned to the Trustee on such Subsequent Transfer Date and pay such amount to or upon the order of the Originator upon satisfaction of the conditions set forth in Section 2.03(b) with respect to such transfer and assignmentSeller. (ii) On Not later than two Business Days prior to each Payment Date on or prior to the Post-Funding Date, the Trustee shall withdraw from the Pre-Funding Account and deposit in the Capitalized Interest Account all net income and gain realized from investments of funds in the Pre-Funding Account. (iii) Not later than two Business Day immediately preceding Days prior to the Post-Funding Payment Date, the Trustee shall deposit into in the Certificate Account any amounts the Group 1 Outstanding Pre-Funded Amount and the Group 2 Outstanding Pre-Funded Amount then remaining in the Pre-Funding Account, net of investment earnings. c. The Pre-Funding Account shall be part of the Trust but not part of the REMIC. The Trustee on behalf of the Trust shall be the legal owner of the Pre- Funding Account. The 8-7 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-Funding Account to the Certificate Account. Funds in the Pre-Funding Account shall, at the direction of the ServicerSeller, be invested in Eligible Investments of selected by the kind described in clauses (i) and (ii)(A) of the definition of "Eligible Investments" and that Seller, which shall mature no not later than the two Business Day Days prior to the Payment Date next succeeding Payment Datefollowing the date of such investment and shall not be sold or disposed of prior to its maturity. Such Eligible Investments shall be made in the name of the Trustee and for the benefit of the Seller. All amounts earned on deposits net income and gain realized from any such investment shall be subject to withdrawal in accordance with clause (ii) above, and any loss realized from any such investment will be at the sole cost and expense of the Seller and shall be deposited in the Pre-Funding Account shall be taxable to by the SellerSeller out of its own funds immediately as realized. The Trustee shall release not be liable for any such investment losses except to the Seller all investment earnings in extent the Trustee is the obligor of any such Eligible Investment. To the extent that it constitutes a "reserve fund" for purposes of the REMIC Provisions, the Pre-Funding Account on the first Payment Date after the end established hereunder shall be an "outside reserve fund" as defined in Treasury Regulation 1.860G-2(h), and in that regard (i) such account shall be an outside reserve fund and not an asset of the Pre-Funding PeriodREMIC Trust Fund, (ii) such account shall be owned for federal tax purposes by the Seller, and the Seller shall report all amounts of income, deduction, gain or loss accruing therefrom, and (iii) amounts transferred by the REMIC Trust Fund to such account shall be treated as distributed by the REMIC Trust Fund to the Seller.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Transamerica Consumer Mortgage Receivables Corp)

Pre-Funding Account. a. (a) On or before the Closing Date, the Trustee shall establish a pre-funding account (the Pre- "Pre-Funding Account on behalf of the TrustAccount"), which must be an Eligible Account, and shall deposit therein the amount received from the Seller pursuant to Section 2.02(l). The Pre-Funding Account shall account is to be entitled "Pre-Funding Account, U.S. Bank Trust National Association as Trustee held by and for the benefit of holders the Trustee on behalf of Home Improvement Loan Certificatesthe Certificateholders, Series 2000-E." Funds deposited and shall be either in the Pre- Funding Account shall be 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 in trust by the Trustee for the Holders benefit of the Certificates and the Class C Certificate for the uses and purposes set forth hereinTrustee. b. (b) On or before the Closing Date the Originator Date, OMI shall deposit $85,907,373 in the Pre- Pre-Funding Account the amount specified in Section 2.02(l)Account. Amounts on deposit in such account the Pre-Funding Account shall be withdrawn by the Trustee as follows: (i1) 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 Transfer Date, the Trustee shall withdraw from the Pre-Funding Account an amount equal to 100% of the Cut-off Date Scheduled Principal Balance as of the related Subsequent Transfer Date of each Subsequent Loan Asset transferred and assigned to the Trustee on such Subsequent Transfer Date and pay such amount to or upon the order of the Originator upon satisfaction of the conditions set forth in Section 2.03(b) OMI with respect to such transfer and assignment. (ii2) On the Business Day immediately preceding last day of the PostPre-Funding Payment DatePeriod, the Trustee shall deposit into the Certificate Distribution Account any amounts then remaining in the 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. (c) The Pre-Funding Account shall be part of the Trust Trust, but not part of the Pooling REMIC or the Issuing REMIC. The Trustee Trustee, on behalf of the Trust Trust, shall be the legal owner of the Pre- Pre-Funding Account. The 8-7 Seller OMI shall be the beneficial owner of the Pre-Funding Account, subject to the foregoing power of the Trustee to transfer amounts in the Pre-Funding Account to the Certificate Distribution Account. Funds in the Pre-Funding Account 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 Investments" and that mature no later than the Business Day prior to the next succeeding Payment occurring Distribution Date. All amounts earned on deposits in the Pre-Funding Account shall be taxable to the SellerOMI. The Trustee shall release to the Seller OMI all investment earnings in the Pre-Funding Account on the first Payment Date after Business Day immediately following the end of the Pre-Funding Period. (d) Each Subsequent Asset acquired by the Trust with funds from the Pre-Funding Account shall be acquired pursuant to a fixed price contract within the meaning of I.R.C.ss. 860G(a)(3)(A)(ii).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc)

Pre-Funding Account. a. On or before the Closing Date, the Trustee shall establish the Pre- Pre-Funding Account on behalf of the Trust, which must be an Eligible Account, and shall deposit therein the amount received from the Seller pursuant to Section 2.02(l). The Pre-Funding Account shall be entitled "Pre-Pre- Funding Account, U.S. Bank Trust National Association as Trustee for the benefit of holders of Home Improvement Equity Loan Certificates, Series 2000-E.C." Funds deposited in the Pre- Pre-Funding Account shall be held in trust by the Trustee for the Holders of the Certificates and the Class C Certificate for the uses and purposes set forth herein. b. On or before the Closing Date the Originator shall deposit in the Pre- Pre-Funding Account the amount specified in Section 2.02(l). Amounts on deposit in such account shall be withdrawn by the Trustee as follows: (i) On any Subsequent Transfer Date, the Trustee shall withdraw from the Pre-Pre- Funding Account an amount equal to 100% of the Cut-off Date Principal Balance of each Subsequent Loan transferred and assigned to the Trustee on such Subsequent Transfer Date and pay such amount to or upon the order of the Originator upon satisfaction of the conditions set forth in Section 2.03(b) with respect to such transfer and assignment. (ii) On the Business Day immediately preceding the Post-Funding Payment Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Pre-Pre- Funding Account, net of investment earnings. c. The Pre-Funding Account shall be part of the Trust but not part of the REMIC. The Trustee on behalf of the Trust shall be the legal owner of the Pre- Pre-Funding Account. The 8-7 Seller shall be the beneficial owner of the Pre-Pre- Funding Account, subject to the foregoing power of the Trustee to transfer amounts in the Pre-Funding Account to the Certificate Account. Funds in the Pre-Funding Account 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 Investments" and that mature no later than the Business Day prior to the next succeeding Payment Date. All amounts earned on deposits in the Pre-Funding Account shall be taxable to the Seller. The Trustee shall release to the Seller all investment earnings in the Pre-Funding Account on the first Payment Date after the end of the Pre-Funding Period.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Pre-Funding Account. a. (a) On or before the Closing Date, the Trustee shall establish the Pre- Pre-Funding Account on behalf of the Trust, which must be an Eligible Account, and shall deposit therein the amount received from the Seller pursuant to Section 2.02(l). The Pre-Funding Account shall be entitled "Pre-Funding Account, U.S. Bank Trust National Association as Trustee for the benefit of holders of Home Improvement Equity Loan Certificates, Series 20002001-E.C." Funds deposited in the Pre- Pre-Funding Account shall be held in trust by the Trustee for the Holders of the Certificates and the Class C R Certificate for the uses and purposes set forth herein. b. (b) On or before the Closing Date the Originator shall deposit in the Pre- Pre-Funding Account the amount specified in Section 2.02(l). Amounts on deposit in such account shall be withdrawn by the Trustee as follows: (i) On any Subsequent Transfer Date, the Trustee shall withdraw from the Pre-Funding Account an amount equal to 100% of the Cut-off Date Principal Balance of each Subsequent Loan transferred and assigned to the Trustee on such Subsequent Transfer Date and pay such amount to or upon the order of the Originator upon satisfaction of the conditions set forth in Section 2.03(b) with respect to such transfer and assignment. (ii) On the Business Day immediately preceding the Post-Funding Payment Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Pre-Funding Account, net of investment earnings. c. (c) The Pre-Funding Account shall be part of the Trust but not part of the any REMIC. The Trustee on behalf of the Trust shall be the legal owner of the Pre- Pre-Funding Account. The 8-7 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-Funding Account to the Certificate Account. Funds in the Pre-Funding Account 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 Investments" and that mature no later than the Business Day prior to the next succeeding Payment Date. All amounts earned on deposits in the Pre-Funding Account shall be taxable to the Seller. The Trustee shall release to the Seller all investment earnings in the Pre-Funding Account on the first Payment Date after the end of the Pre-Funding Period.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Pre-Funding Account. a. On or before the Closing Date, the Trustee shall establish the Pre- Pre-Funding Account on behalf of the Trust, which must be an Eligible Account, and shall deposit therein the amount received from the Seller pursuant to Section 2.02(l). The Pre-Funding Account shall be entitled "Pre-Funding Account, U.S. Bank Trust National Association as Trustee for the benefit of holders of Home Improvement Equity Loan Certificates, Series 2000-E.B." Funds deposited in the Pre- Pre-Funding Account shall be held in trust by the Trustee for the Holders of the Certificates and the Class C Certificate for the uses and purposes set forth herein. b. On or before the Closing Date the Originator shall deposit in the Pre- Pre-Funding Account the amount specified in Section 2.02(l). Amounts on deposit in such account shall be withdrawn by the Trustee as follows: (i) On any Subsequent Transfer Date, the Trustee shall withdraw from the Pre-Funding Account an amount equal to 100% of the Cut-off Date Principal Balance of each Subsequent Loan transferred and assigned to the Trustee on such Subsequent Transfer Date and pay such amount to or upon the order of the Originator upon satisfaction of the conditions set forth in Section 2.03(b) with respect to such transfer and assignment. (ii) On the Business Day immediately preceding the Post-Funding Payment Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Pre-Funding Account, net of investment earnings. c. The Pre-Funding Account shall be part of the Trust but not part of the REMIC. The Trustee on behalf of the Trust shall be the legal owner of the Pre- Pre-Funding Account. The 8-7 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-Funding Account to the Certificate Account. Funds in the Pre-Funding Account 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 Investments" and that mature no later than the Business Day prior to the next succeeding Payment Date. All amounts earned on deposits in the Pre-Funding Account shall be taxable to the Seller. The Trustee shall release to the Seller all investment earnings in the Pre-Funding Account on the first Payment Date after the end of the Pre-Funding Period.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Pre-Funding Account. a. (a) On or before the Closing Date, the Trustee shall establish the Pre- Pre-Funding Account on behalf of the Trust, which must be an Eligible Account, and shall deposit therein the amount received from the Seller pursuant to Section 2.02(l). The Pre-Funding Account shall be entitled "Pre-Funding Account, U.S. Bank Trust National Association as Trustee for the benefit of 107 holders of Home Improvement Equity Loan Certificates, Series 20002002-E.B." Funds deposited in the Pre- Pre-Funding Account shall be held in trust by the Trustee for the Holders of the Certificates and the Class C R Certificate for the uses and purposes set forth herein. b. (b) On or before the Closing Date the Originator Seller shall deposit in the Pre- Pre-Funding Account the amount specified in Section 2.02(l). Amounts on deposit in such account shall be withdrawn by the Trustee as follows: (i) On any Subsequent Transfer Date, the Trustee shall withdraw from the Pre-Funding Account an amount equal to 100% of the Cut-off Date Principal Balance of each Subsequent Loan transferred and assigned to the Trustee on such Subsequent Transfer Date and pay such amount to or upon the order of the Originator upon satisfaction of the conditions set forth in Section 2.03(b) with respect to such transfer and assignment. (ii) On the Business Day immediately preceding the Post-Funding Payment Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Pre-Funding Account, net of investment earnings. c. (c) The Pre-Funding Account shall be part of the Trust but not part of the any REMIC. The Trustee on behalf of the Trust shall be the legal owner of the Pre- Pre-Funding Account. The 8-7 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-Funding Account to the Certificate Account. Funds in the Pre-Funding Account 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 Investments" and that mature no later than the Business Day prior to the next succeeding Payment Date. All amounts earned on deposits in the Pre-Funding Account shall be taxable to the Seller. The Trustee shall release to the Seller all investment earnings in the Pre-Funding Account on the first Payment Date after the end of the Pre-Funding Period.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

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Pre-Funding Account. a. On or before the Closing Date, the Trustee shall establish the Pre- Pre-Funding Account on behalf of the Trust, which must be an Eligible Account, and shall deposit therein the amount amounts received from the Seller Company pursuant to Section 2.02(l2.02(t) and (u). The Pre-Funding Account shall be entitled "Pre-Funding Account, U.S. Bank Trust National Association as Trustee for the benefit of holders of Home Improvement Loan Certificates, Series 20001998-E.6." 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 that are Undelivered Contracts. Funds deposited in the Pre- Pre-Funding Account shall be held in trust by the Trustee for the Holders of the Certificates and the Class C Certificate for the uses and purposes set forth herein. b. On or before the Closing Date the Originator shall deposit in the Pre- Funding Account the amount specified in Section 2.02(l). Amounts on deposit in such account the Pre-Funding Account shall be withdrawn by the Trustee as follows: (i) On any Subsequent Transfer Date, the Trustee shall withdraw from the Pre-Funding Account an amount equal to 100% of the Cut-off Date Principal Balance of each Subsequent Loan Contract transferred and assigned to the Trustee on such Subsequent Transfer Date and pay such amount to or upon the order of the Originator Company upon satisfaction of the conditions set forth in Section 2.03(b) with respect to such transfer and assignment. (ii) On the Business Day immediately preceding the Post-Funding Payment 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 REMIC or Subsidiary REMIC. The Trustee on behalf of the Trust shall be the legal owner of the Pre- Pre-Funding Account. The 8-7 Seller 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-Funding Account to the Certificate Account. Funds in the Pre-Funding Account 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 InvestmentsInvestment" and that mature no later than the Business Day prior to the next succeeding Payment Date. All amounts earned on deposits in the Pre-Funding Account shall be taxable to the SellerCompany. The Trustee shall release to the Seller Company all investment earnings in the Pre-Funding Account on the first Payment Date after the end of the PrePost-Funding PeriodPayment Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Green Tree Financial Corp)

Pre-Funding Account. a. On or before the Closing Date, the Trustee shall establish the Pre- Pre-Funding Account on behalf of the Trust, which must be an Eligible Account, and shall deposit therein the amount amounts received from the Seller pursuant to Section 2.02(l). The Pre-Funding Account shall be entitled "Pre-Funding Account, U.S. Bank Trust National Association as Trustee for the benefit of holders of Home Improvement Equity Loan Certificates, Series 2000-E.A." Funds deposited in the Pre- Pre-Funding Account shall be held in trust by the Trustee for the Holders of the Certificates and the Class C Certificate for the uses and purposes set forth herein. b. On or before the Closing Date the Originator shall deposit in the Pre- Pre-Funding Account the amount specified in Section 2.02(l). Amounts on deposit in such account shall be withdrawn by the Trustee as follows: (i) On any Subsequent Transfer Date, the Trustee shall withdraw from the Pre-Funding Account an amount equal to 100% of the Cut-off Date Principal Balance of each Subsequent Loan transferred and assigned to the Trustee on such Subsequent Transfer Date and pay such amount to or upon the order of the Originator upon satisfaction of the conditions set forth in Section 2.03(b) with respect to such transfer and assignment. (ii) On the Business Day immediately preceding the Post-Funding Payment Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Pre-Funding Account, net of investment earnings. c. The Pre-Funding Account shall be part of the Trust but not part of the REMIC. The Trustee on behalf of the Trust shall be the legal owner of the Pre- Pre-Funding Account. The 8-7 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-Funding Account to the Certificate Account. Funds in the Pre-Funding Account 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 Investments" and that mature no later than the Business Day prior to the next succeeding Payment Date. All amounts earned on deposits in the Pre-Pre- Funding Account shall be taxable to the Seller. The Trustee shall release to the Seller all investment earnings in the Pre-Funding Account on the first Payment Date after the end of the Pre-Funding Period.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Pre-Funding Account. a. On or before the Closing Date, the Trustee shall establish the Pre- Pre-Funding Account on behalf of the Trust, which must be an Eligible Account, and shall deposit therein the amount amounts received from the Seller Company pursuant to Section 2.02(l). The Pre-Funding Account shall be entitled "Pre-Funding Account, U.S. Bank Trust National Association as Trustee for the benefit of holders of Home Improvement Loan Certificates, Series 20001999-E." Funds deposited in the Pre- Pre-Funding Account shall be held in trust by the Trustee for the Holders of the Certificates and the Class C Certificate Certificates for the uses and purposes set forth herein. b. On or before the Closing Date Date, the Originator Company shall deposit in the Pre- Pre-Funding Account the amount specified in Section 2.02(l). Amounts on deposit in such account the Pre-Funding Account shall be withdrawn by the Trustee as follows: (i) On any Subsequent Transfer Date, the Trustee shall withdraw from the Pre-Pre- Funding Account an amount equal to 100% of the Cut-off Date Principal Balance of each Subsequent Loan transferred and assigned to the Trustee on such Subsequent Transfer Date and pay such amount to or upon the order of the Originator Company upon satisfaction of the conditions set forth in Section 2.03(b) with respect to such transfer and assignment. (ii) On the Business Day immediately preceding the Post-Funding Payment Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Pre-Funding Account, net of investment earnings. c. The Pre-Funding Account shall be part of the Trust but not part of the REMIC. The Trustee on behalf of the Trust shall be the legal owner of the Pre- Pre-Funding Account. The 8-7 Seller 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-Funding Account to the Certificate Account. Funds in the Pre-Pre- Funding Account 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 Investments" and that mature no later than the Business Day prior to the next succeeding Payment Date. All amounts earned on deposits in the Pre-Funding Account shall be taxable to the SellerCompany. The Trustee shall release to the Seller Company all investment earnings in the Pre-Funding Account on the first Payment Date after the end of the Pre-Funding Period.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Green Tree Financial Corp)

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