Common use of Priorities of Distributions on the Shifting Interest Certificates Clause in Contracts

Priorities of Distributions on the Shifting Interest Certificates. (a) On each Distribution Date, the Securities Administrator shall withdraw from the Certificate Account (to the extent funds are available therein) (1) to the extent not previously paid, the amounts payable to the Master Servicer, the Securities Administrator and the Trustee pursuant to Section 3.09(e) and (f) and Section 3.11 and shall pay such funds to itself, the Master Servicer and the Trustee, as applicable, and (2) based solely on the information contained in the Master Servicer's Certificate, the Pool Distribution Amount (after the payment of the Servicing Fees for such Mortgage Loans and expenses and indemnities reimbursable pursuant to this Agreement, in each case to the extent not previously retained by or distributed to a Servicer, the Securities Administrator, the Master Servicer or the Trustee), and shall apply such funds, first, to distributions in respect of the Uncertificated Shifting Interest Lower-Tier Interests, and then to the Uncertificated Shifting Interests Middle-Tier Interests as specified in this Section 5.02(a) and then to distributions on the Shifting Interest Certificates in the following order of priority and to the extent of such funds: (i) concurrently, to each Class of Senior Shifting Interest Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class and any shortfall being allocated among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall but, until the applicable Accretion Termination Date, amounts that would have been distributed pursuant to this clause to the Class 1-A-5 Certificates may be distributed instead as principal to the Class 1-A-4 Certificates and amounts that would have distributed pursuant to this clause to the Class 1-A-6 Certificates may be distributed as principal to the Class 1-A-4 and Class 1-A-5 Certificates in accordance with Section 5.02(b)(i);

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Banc of America Funding 2006-7 Trust), Pooling and Servicing Agreement (Banc of America Funding 2006-7 Trust)

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Priorities of Distributions on the Shifting Interest Certificates. (a) On each Distribution Date, the Securities Administrator shall withdraw from the Certificate Account (to the extent funds are available therein) (1) to the extent not previously paid, the amounts payable to the Master Servicer, the Securities Administrator and the Trustee pursuant to Section 3.09(e) and (f) and Section 3.11 and shall pay such funds to itself, the Master Servicer and the Trustee, as applicable, and (2) based solely on the information contained in the Master Servicer's Certificate, the Pool Distribution Amount (after the payment of the Servicing Fees for such Mortgage Loans and expenses and indemnities reimbursable pursuant to this Agreement, in each case to the extent not previously retained by or distributed to a Servicer, the Securities Administrator, the Master Servicer or the Trustee)Shifting Interest Loan Group, and shall apply such funds, first, to distributions in respect of the Uncertificated Shifting Interest Lower-Tier Interests, and then to the Uncertificated Shifting Interests Middle-Tier Interests as specified in this Section 5.02(a) and then to distributions on the Shifting Interest Certificates, paying Group 1 solely from the Pool Distribution Amount for Loan Group 1 and paying Group 2 solely from the Pool Distribution Amount for Loan Group 2 and paying the Class M-1 and Class B Certificates from the remaining combined Pool Distribution Amounts from both Shifting Interest Loan Groups in the following order of priority and to the extent of such funds: (i) concurrently, to each Class of Senior Shifting Interest Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class and any shortfall being allocated among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall but, until the applicable Accretion Termination Date, amounts that would have been distributed pursuant to this clause to the Class 1-A-5 A-20 Certificates may be distributed instead as principal to the Class 1-A-4 A-16 and Class 1-A-18 Certificates and amounts that would have distributed pursuant to this clause to the Class 1-A-6 A-21 Certificates may be distributed as principal to the Class 1-A-4 A-16, Class 1-A-18 and Class 1-A-5 A-20 Certificates in accordance with Section 5.02(b)(i);

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Funding 2007-2 Trust)

Priorities of Distributions on the Shifting Interest Certificates. (a) On each Distribution Date, the Securities Administrator shall withdraw from the Certificate Account (to the extent funds are available therein) (1) to the extent not previously paid, the amounts payable to the Master Servicer, the Securities Administrator and the Trustee pursuant to Section 3.09(e) and (f) and Section 3.11 and shall pay such funds to itself, the Master Servicer and the Trustee, as applicable, and (2) based solely on the information contained in the Master Servicer's Certificate, the Pool Distribution Amount (after the payment of the Servicing Fees for such Mortgage Loans and expenses and indemnities reimbursable pursuant to this Agreement, in each case to the extent not previously retained by or distributed to a Servicer, the Securities Administrator, the Master Servicer or the Trustee)) for each Shifting Interest Loan Group, and shall apply such funds, first, to distributions in respect of the Uncertificated Shifting Interest Crossed Loan Group Lower-Tier Interests and the Uncertificated Shifting Interest Loan Group 5 Lower-Tier Interests, and then to the Uncertificated Shifting Interests Middle-Tier Interests as specified in this Section 5.02(a) and then to distributions on the Shifting Interest Certificates in the following order of priority and to the extent of such funds, paying the Senior Certificates of each Shifting Interest Group solely from the Pool Distribution Amount for the Related Loan Group, paying the Class X-B Certificates from the Pool Distribution Amounts for the Crossed Loan Groups and paying the Class 5-B Certificates from the Pool Distribution Amount for Loan Group 5, in the following order of priority and to the extent of such funds: (i) concurrently, to each Class of Senior Shifting Interest CertificatesCertificates of such Group, an amount allocable to interest equal to the Interest Distribution Amount for such Class and any shortfall being allocated among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall butshortfall; (ii) to the Senior Certificates of such Group, until in an aggregate amount up to the applicable Accretion Termination DateShifting Interest Senior Principal Distribution Amount for the Related Loan Group, amounts that would have been distributed pursuant such distribution to this clause to the Class 1-A-5 Certificates may be distributed instead as principal to the Class 1-A-4 Certificates and amounts that would have distributed pursuant to this clause to the Class 1-A-6 Certificates may be distributed as principal to the Class 1-A-4 and Class 1-A-5 Certificates allocated among such Classes in accordance with Section 5.02(b)(i5.02(b); (iii) concurrently, as follows: (A) to each Class of Class 5-B Certificates, subject to paragraph (d) below, in the following order of priority: (1) to the Class 5-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (2) to the Class 5-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof has been reduced to zero; (3) to the Class 5-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (4) to the Class 5-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof has been reduced to zero; (5) to the Class 5-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (6) to the Class 5-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof has been reduced to zero; (7) to the Class 5-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (8) to the Class 5-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof has been reduced to zero;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Funding Corp)

Priorities of Distributions on the Shifting Interest Certificates. (a) On each Distribution Date, the Securities Administrator shall withdraw from the Certificate Account (to the extent funds are available therein) (1) to the extent not previously paid, the amounts payable to the Master ServicerServicers, the Securities Administrator and the Trustee pursuant to Section 3.09(e3.09(f) and (fg) and Section 3.11 and shall pay such funds to itself, the Master Servicer Servicers and the Trustee, as applicable, and (2) based solely on the information contained in the each Master Servicer's Certificate, the Pool Distribution Amount (after for the payment of the Servicing Fees for such Mortgage Loans and expenses and indemnities reimbursable pursuant to this Agreement, in each case to the extent not previously retained by or distributed to a Servicer, the Securities Administrator, the Master Servicer or the Trustee)related Loan Group, and shall apply such funds, first, to distributions in respect of the Uncertificated Shifting Interest Lower-Tier Interests, and then to the Uncertificated Shifting Interests Middle-Tier Interests as specified in this Section 5.02(a) and then to distributions on the Shifting Interest Certificates, paying Group 1 solely from the Pool Distribution Amount for Loan Group 1, paying Group 2 solely from the Pool Distribution Amount for Loan Group 2 and paying Group 3 solely from the Pool Distribution Amount for Loan Group 3 and paying the Class X-B Certificates from the remaining combined Pool Distribution Amounts from the Crossed Loan Groups and paying the Class 3-B Certificates from the remaining Pool Distribution Amount from Loan Group 3 in the following order of priority and to the extent of such funds: (i) concurrently, to each Class of Senior Shifting Interest Certificates and each Non-PO Component of such Group, an amount allocable to interest equal to the Interest Distribution Amount for each such Class and the Component Interest Distribution Amount for each such Non-PO Component and any shortfall being allocated among such Classes and Components in proportion to the amount of the Interest Distribution Amount or Component Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) (x) concurrently, (a) to the Senior Non-PO Shifting Interest Certificates and Non-PO Components of Group 1 and (b) to the Class 1-X-PO Component, pro rata, based on their respective Shifting Interest Senior Principal Distribution Amount and applicable PO Principal Amount, (A) to the Senior Non-PO Shifting Interest Certificates and Non-PO Components of Group 1, in an aggregate amount up to the Shifting Interest Senior Principal Distribution Amount for Loan Group 1, such distribution to be allocated among such Classes and Components in accordance with Section 5.02(b) and (B) to the Class 1-X-PO Component, up to the applicable PO Principal Amount, (y) concurrently, (a) to the Senior Non-PO Shifting Interest Certificates and Non-PO Components of Group 2 and (b) to the Class 2-X-PO Component, pro rata, based on their respective Shifting Interest Senior Principal Distribution Amount and applicable PO Principal Amount, (A) to the Senior Non-PO Shifting Interest Certificates and Non-PO Components of Loan Group 2, in an aggregate amount up to the Shifting Interest Senior Principal Distribution Amount for Loan Group 2, such distribution to be allocated among such Classes and Components in accordance with Section 5.02(b) and (B) to the Class 2-X-PO Component, up to the applicable PO Principal Amount and (z) in the case of Group 3, to the Senior Certificates of Group 3, in an aggregate amount up to the Shifting Interest Senior Principal Distribution for Loan Group 3, such distribution to be allocated among such Classes in accordance with Section 5.02(b); (iii) to the PO Component of such Group, if any, to pay any applicable PO Deferred Amounts (after giving effect to the distribution to such PO Component of the PO Recovery for the related Loan Group), up to the Subordinate Principal Distribution Amounts for the Crossed Loan Groups from amounts otherwise distributable to the Class X-B Certificates, first to the Class X-B-6 Certificates pursuant to clause (iv)(A)(12) below, second to the Class X-B-5 Certificates, pursuant to clause (iv)(A)(10) below, third to the Class X-B-4 Certificates, pursuant to clause (iv)(A)(8) below, fourth to the Class X-B-3 Certificates, pursuant to clause (iv)(A)(6) below, fifth to the Class X-B-2 Certificates, pursuant to clause (iv)(A)(4) below and finally to the Class X-B-1 Certificates, pursuant to clause (iv)(A)(2) below; (iv) concurrently, as follows: (A) to each Class of Class X-B Certificates, subject to paragraph (d) below, in the following order of priority: (1) to the Class X-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (2) to the Class X-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date less any amount used to pay the applicable PO Deferred Amounts pursuant to clause (iii) above until the Class Certificate Balance thereof has been reduced to zero; (3) to the Class X-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (4) to the Class X-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date less any amount used to pay the applicable PO Deferred Amounts pursuant to clause (iii) above until the Class Certificate Balance thereof has been reduced to zero; (5) to the Class X-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (6) to the Class X-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date less any amount used to pay the applicable PO Deferred Amounts pursuant to clause (iii) above until the Class Certificate Balance thereof has been reduced to zero; (7) to the Class X-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (8) to the Class X-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date less any amount used to pay the applicable PO Deferred Amounts pursuant to clause (iii) above until the Class Certificate Balance thereof has been reduced to zero; (9) to the Class X-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (10) to the Class X-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date less any amount used to pay the applicable PO Deferred Amounts pursuant to clause (iii) above until the Class Certificate Balance thereof has been reduced to zero; (11) to the Class X-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (12) to the Class X-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date less any amount used to pay the applicable PO Deferred Amounts pursuant to clause (iii) above until the Class Certificate Balance thereof has been reduced to zero; (B) to each Class of Class 3-B Certificates, subject to paragraph (d) below, in the following order of priority: (1) to the Class 3-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (2) to the Class 3-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until the Class Certificate Balance thereof has been reduced to zero; (3) to the Class 3-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (4) to the Class 3-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until the Class Certificate Balance thereof has been reduced to zero; (5) to the Class 3-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (6) to the Class 3-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until the Class Certificate Balance thereof has been reduced to zero; (7) to the Class 3-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (8) to the Class 3-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until the Class Certificate Balance thereof has been reduced to zero; (9) to the Class 3-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (10) to the Class 3-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until the Class Certificate Balance thereof has been reduced to zero; (11) to the Class 3-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (12) to the Class 3-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until the Class Certificate Balance thereof has been reduced to zero; (v) to the Holder of the Class 1-A-R Certificate (in respect of the Class SI-UR Interest, the Class SI-MR Interest or the Class SI-LR Interest, as applicable), any amounts remaining in the Shifting Interest Upper-Tier Certificate Sub-Account, the Shifting Interest Middle-Tier Certificate Sub-Account and the Shifting Interest Lower-Tier Certificate Sub-Account and any shortfall being allocated among such Classes in proportion remaining Pool Distribution Amounts. No Class of Certificates or Components will be entitled to any distributions with respect to the amount payable pursuant to clause (ii) of the definition of "Interest Distribution Amount" or clause (ii) of the definition of "Component Interest Distribution Amount" after its Class Certificate Balance, Component Balance or Notional Amount, as the case may be, has been reduced to zero. All distributions in respect of the Interest Distribution Amount for a Class or the Component Interest Distribution Amount for a Non-PO Component will be applied first with respect to the amount payable pursuant to clause (i) of the definition of "Interest Distribution Amount," or "Component Interest Distribution Amount," as applicable, and second with respect to the amount payable pursuant to clause (ii) of such definitions. On each Distribution Date, the Securities Administrator shall distribute any Reimbursement Amount received with respect to a Loan Group sequentially to each related Class of Shifting Interest Certificates or Components then outstanding which bore the loss to which such Reimbursement Amount relates, beginning with the most senior of such Classes of Certificates or Components, up to, with respect to each Class or Component, the amount of loss borne by such Class or Component. Any Reimbursement Amount remaining after the application described in the preceding sentence shall be included in the Pool Distribution Amount for the applicable Loan Group. On each Distribution Date, the Securities Administrator shall distribute any PO Recovery to the Holders of the Class X-PO Certificates. In the event that would have been on any Distribution Date, the Subordinate Principal Distribution Amounts for the Crossed Loan Groups are insufficient to reduce the PO Deferred Amounts of the PO Components to zero, the amount that is available shall be distributed among such Components pro rata based on the PO Deferred Amounts. Distributions on the Uncertificated Shifting Interest Lower-Tier Interests. On each Distribution Date, Uncertificated Accrued Interest shall be deemed distributed in respect of the absence Uncertificated Shifting Interest Lower-Tier Interests (other than the Class 1-LPO Interest and the Class 2-LPO Interest) at the Uncertificated Shifting Interest Lower-Tier REMIC Pass-Through Rate thereon, plus any amounts in respect thereof remaining unpaid from previous Distribution Dates. For purposes of such shortfall but, until the applicable Accretion Termination calculating Uncertificated Accrued Interest in respect of each Uncertificated Shifting Interest Lower-Tier Interest and any Distribution Date, amounts that would have been distributed Non-Supported Interest Shortfalls and Relief Act Reductions shall be allocated to the related Uncertificated Shifting Interest Lower-Tier Interest in the same relative proportions as interest is allocated to such Uncertificated Shifting Interest Lower-Tier Interest. Any Non-Supported Interest Shortfalls and Relief Act Reductions allocated to the Uncertificated Shifting Interest Lower-Tier Interests pursuant to this clause paragraph shall be (a) from Non-Supported Interest Shortfalls and Relief Act Reductions allocated to Loan Group 1 in the case of Uncertificated Shifting Interest Lower-Tier Interests beginning with the numeral "1," (b) from Non-Supported Interest Shortfalls and Relief Act Reductions allocated to Loan Group 2 in the case of Uncertificated Shifting Interest Lower-Tier Interests beginning with the numeral "2," and from Non-Supported Interest Shortfalls and Relief Act Reductions allocated to Loan Group 3 in the case of Uncertificated Shifting Interest Lower-Tier Interests beginning with the numeral "3." All distributions of principal shall be made first to the Class 1-A-5 Certificates may be distributed instead LPO Interest and Class 2-LPO Interest so as to keep the Uncertificated Balances thereof at all times equal to the Component Balance of the Class 1-X-PO Component and the Class 2-X-PO Component, respectively; and second any remaining principal to the Class 1-A-4 Certificates L Interest, the Class 2-L Interest and amounts that would have distributed the Class 3-L Interest. Any distributions of principal made to the Uncertificated Shifting Interest Lower-Tier Interests pursuant to this clause paragraph shall be made from the Group 1 Mortgage Loans to the Uncertificated Shifting Interest Lower-Tier Interests beginning with the numeral "1," from the Group 2 Mortgage Loans to the Uncertificated Shifting Interest Lower-Tier Interests beginning with the numeral "2" and from Group 3 Mortgage Loans to the Uncertificated Shifting Interest Lower-Tier Interests beginning with the numeral "3." Realized Losses with respect to the Shifting Interest Loan Groups shall be applied after all distributions have been made on each Distribution Date first, to the Class 1-A-6 Certificates may LPO Interest and Class 2-LPO Interest so as to keep the Uncertificated Balance thereof at all times equal to the Component Balance of the Class 1-X-PO Component and the Class 2-X-PO Component, respectively; and second, the remaining Realized Losses shall be distributed as principal allocated to the Class 1-A-4 L Interest, the Class 2-L Interest and the Class 3-L Interest. Any Realized Losses allocated to the Uncertificated Shifting Interest Lower-Tier Interests pursuant to this paragraph shall be (a) from Realized Losses allocated to Loan Group 1 in the case of Uncertificated Shifting Interest Lower-Tier Interests beginning with the numeral "1," (b) from Realized Losses allocated to Loan Group 2 in the case of Uncertificated Shifting Interest Lower-A-5 Certificates Tier Interests beginning with the numeral "2" and from Realized Losses allocated to Loan Group 3 in accordance the case of Uncertificated Shifting Interest Lower-Tier Interests beginning with Section 5.02(b)(i);the numeral "3."

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Funding 2007-3 Trust)

Priorities of Distributions on the Shifting Interest Certificates. (a) On each Distribution Date, the Securities Administrator shall withdraw from the Certificate Account (to the extent funds are available therein) (1) to the extent not previously paid, the amounts payable to the Master Servicer, the Securities Administrator and the Trustee pursuant to Section 3.09(eSection3.09(e) and (f) and Section 3.11 Section3.11 and shall pay such funds to itself, the Master Servicer and the Trustee, as applicable, and (2) based 2)based solely on the information contained in the Master Servicer's Servicers Certificate, the Pool Distribution Amount (after the payment of the Servicing Administrative Fees for such Mortgage Loans and expenses and indemnities reimbursable pursuant to this Agreement, in each case to the extent not previously retained by or distributed to a Servicer, the Securities Administrator, the Master Servicer or the Trustee), and shall apply such funds, first, to distributions in respect of the Uncertificated Shifting Interest Lower-Tier Interests, and then to the Uncertificated Shifting Interests Middle-Tier Interests as specified in this Section 5.02(a) and Section5.02(a)and then to distributions on the Shifting Interest Certificates in the following order of priority and to the extent of such funds: (i) concurrently, to each Class of Senior Shifting Interest Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class and any shortfall being allocated among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall but, until the applicable Accretion Termination Date, amounts that would have been distributed pursuant to this clause to the Class 1-A-5 A-10 Certificates may be distributed instead as principal to the Class 1-A-4 Certificates and amounts that would have distributed pursuant to this clause to the Class 1-A-6 Certificates may be distributed as principal to the Class 1-A-4 and Class 1-A-5 Certificates in accordance with Section 5.02(b)(iA-1 128 (b) (i);

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Funding 2007-1 Trust)

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Priorities of Distributions on the Shifting Interest Certificates. (a) On each Distribution Date, the Securities Administrator shall withdraw from the Certificate Account (to the extent funds are available therein) (1) to the extent not previously paid, the amounts payable to the Master Servicer, the Securities Administrator and the Trustee pursuant to Section 3.09(e) and (f) and Section 3.11 and shall pay such funds to itself, the Master Servicer and the Trustee, as applicable, and (2) based solely on the information contained in the Master Servicer's Certificate, the Pool Distribution Amount (after the payment of the Servicing Fees for such Mortgage Loans and expenses and indemnities reimbursable pursuant to this Agreement, in each case to the extent not previously retained by or distributed to a Servicer, the Securities Administrator, the Master Servicer or the Trustee)) for each Shifting Interest Loan Group, and shall apply such funds, first, to distributions in respect of the Uncertificated Shifting Interest Lower-Tier Interests, and then to the Uncertificated Shifting Interests Middle-Tier Interests as specified in this Section 5.02(a) and then to distributions on the Shifting Interest Certificates in the following order of priority and to the extent of such funds, paying the Senior Certificates of each Shifting Interest Group solely from the Pool Distribution Amount for the Related Loan Group and paying the Class X-B Certificates from the Pool Distribution Amounts for the Shifting Interest Loan Groups, in the following order of priority and to the extent of such funds: (i) concurrently, to each Class of Senior Shifting Interest CertificatesCertificates of such Group, an amount allocable to interest equal to the Interest Distribution Amount for such Class and any shortfall being allocated among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall but, until the applicable Accretion Termination Date, amounts that would have been distributed pursuant to this clause to the Class 1-A-5 Certificates may be distributed instead as principal to the Class 1-A-4 Certificates and amounts that would have distributed pursuant to this clause to the Class 1-A-6 Certificates may be distributed as principal to the Class 1-A-4 and Class 1-A-5 Certificates in accordance with Section 5.02(b)(i)shortfall;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Funding Corp)

Priorities of Distributions on the Shifting Interest Certificates. (a) On each Distribution Date, the Securities Administrator shall withdraw from the Certificate Account (to the extent funds are available therein) (1) to the extent not previously paid, the amounts payable to the Master Servicer, the Securities Administrator and the Trustee pursuant to Section 3.09(e) and (f) and Section 3.11 and shall pay such funds to itself, the Master Servicer and the Trustee, as applicable, and (2) based solely on the information contained in the Master Servicer's Certificate, the Pool Distribution Amount (after for the payment of the Servicing Fees for such Mortgage Loans and expenses and indemnities reimbursable pursuant to this Agreement, in each case to the extent not previously retained by or distributed to a Servicer, the Securities Administrator, the Master Servicer or the Trustee)related Loan Group, and shall apply such funds, first, to distributions in respect of the Uncertificated Shifting Interest Lower-Tier Interests, and then to the Uncertificated Shifting Interests Middle-Tier Interests as specified in this Section 5.02(a) and then to distributions on the Shifting Interest Certificates, paying Group 1 solely from the Pool Distribution Amount for Loan Group 1, paying Group 2 solely from the Pool Distribution Amount for Loan Group 2, paying Group 3 solely from the Pool Distribution Amount for Loan Group 3, paying Group 4 solely from the Pool Distribution Amount for Loan Group 4, paying Group 5 solely -148- from the Pool Distribution Amount for Loan Group 5, paying Group 6 solely from the Pool Distribution Amount for Loan Group 6, paying Group 7 solely from the Pool Distribution Amount for Loan Group 7, paying Group 8 solely from the Pool Distribution Amount for Loan Group 8, paying the Class N-M and Class N-B Certificates from the remaining combined Pool Distribution Amounts from the Loan Group N and paying the Class S-B Certificates from the remaining Pool Distribution Amount from Loan Group S in the following order of priority and to the extent of such funds: (i) concurrently, to each Class of Senior Shifting Interest CertificatesCertificates and each IO Component of such Group, an amount allocable to interest equal to the Interest Distribution Amount for each such Class and the Component Interest Distribution Amount for each such IO Component and any shortfall being allocated among such Classes and Components in proportion to the amount of the Interest Distribution Amount or Component Interest Distribution Amount that would have been distributed in the absence of such shortfall butshortfall; provided, however, that until the applicable Accretion Termination Date, amounts that would have been distributed pursuant to this clause to the Class 1-A-5 A-11 and Class 1-A-12 Certificates may will instead be distributed instead as principal in reduction of the Class Certificate Balances of the Classes of Certificates specified in Section 5.02(b); (ii) (a) concurrently, in the case of Group 1 (x) to the Senior Non-PO Shifting Interest Certificates of Group 1 and (y) to the Class 1-A-4 Certificates PO Certificates, pro rata, based on their respective Shifting Interest Senior Principal Distribution Amount and amounts that would have distributed pursuant applicable PO Principal Amount, (1) to this clause the Senior Non-PO Shifting Interest Certificates, in an aggregate amount up to the Shifting Interest Senior Principal Distribution Amount for Loan Group 1, such distribution to be allocated among such Classes in accordance with Section 5.02(b) and (2) to the Class 1-A-6 PO Certificates, up to the applicable PO Principal Amount, (b) in the case of Group 2, to the Senior Certificates may of Group 2, in an aggregate amount up to the Shifting Interest Senior Principal Distribution for Loan Group 2, such distribution to be distributed as principal allocated among such Classes in accordance with Section 5.02(b), (c) in the case of Group 3, to the Senior Certificates of Group 3, in an aggregate amount up to the Shifting Interest Senior Principal Distribution for Loan Group 3, such distribution to be allocated among such Classes in accordance with Section 5.02(b), (d) concurrently, in the case of Group 4, (x) to the Senior Non-PO Shifting Interest Certificates of Group 4 and (y) to the Class 4-S-PO Component, pro rata, based on their respective Shifting Interest Senior Principal Distribution Amount and applicable PO Principal Amount, (1) to the Senior Non-PO Shifting Interest Certificates of Group 4, in an aggregate amount up to the Shifting Interest Senior Principal Distribution Amount for Loan Group 4, such distribution to be allocated among such Classes and Components in accordance with Section 5.02(b) and (2) to the Class 4-S-PO Component, up to the applicable PO Principal Amount, (e) concurrently, in the case of Group 5, (x) to the Senior Non-PO Shifting Interest Certificates of Group 5 and (y) to the Class 5-S-PO Component, pro rata, based on their respective Shifting Interest Senior Principal Distribution Amount and applicable PO Principal Amount, (1) to the Senior Non-PO Shifting Interest Certificates of Group 5, in an aggregate amount up to the Shifting Interest Senior Principal Distribution Amount for Loan Group 5, such distribution to be allocated among such Classes and Components in accordance with Section 5.02(b) and (2) to the Class 5-S-PO Component, up to the applicable PO Principal Amount, (f) concurrently, in the case of Group 6, (x) to the Senior Non-PO Shifting Interest Certificates of Group 6 and (y) to the Class 6-S-PO Component, pro rata, based on their respective Shifting Interest Senior Principal Distribution Amount and applicable PO Principal Amount, (1) to the Senior Non-PO Shifting Interest Certificates of Group 6, in an aggregate amount up to the Shifting Interest Senior Principal Distribution Amount for Loan Group 6, such distribution to be allocated among such Classes and Components in accordance with Section 5.02(b) and (2) to the Class 6-S-PO Component, up to the applicable PO Principal Amount, (g) in the case of Group 7, to the Senior Certificates of Group 7, in an aggregate amount up to the Shifting Interest Senior Principal Distribution for Loan Group 7, such distribution to be allocated among such Classes in accordance with Section 5.02(b) and (h) in the case of Group 8, to the Senior Certificates of Group 8, in an aggregate amount up to the Shifting Interest Senior Principal Distribution for Loan Group 8, such distribution to be allocated among such Classes in accordance with Section 5.02(b); (a) with respect to Loan Group 1, to the Class 1-A-4 and PO Certificates, to pay any applicable PO Deferred Amounts (after giving effect to the distribution to the Class 1-A-5 PO Certificates of the PO Recovery for Loan Group 1), up to the Subordinate Principal Distribution Amounts for Loan Group N from amounts otherwise distributable to the Class N-M and Class N-B Certificates, first to the Class N-B-6 Certificates pursuant to clause (iv)(A)(14) below, second to the Class N-B-5 Certificates, pursuant to clause (iv)(A)(12) below, third to the Class N-B-4 Certificates, pursuant to clause (iv)(A)(10) below, fourth to the Class N-B-3 Certificates, pursuant to clause (iv)(A)(8) below, fifth to the Class N-B-2 Certificates, pursuant to clause (iv)(A)(6) below, sixth to the Class N-B-1 Certificates, pursuant to clause (iv)(A)(4) below and finally to the Class N-M Certificates, pursuant to clause (iv)(A)(2) below and (ii) with respect to Loan Group 4, Loan Group 5 and Loan Group 6, to the PO Component of each Related Group, to pay any applicable PO Deferred Amounts (after giving effect to the distribution to such PO Component of the PO Recovery for the related Loan Group), up to the Subordinate Principal Distribution Amounts for Loan Group S from amounts otherwise distributable to the Class S-B Certificates, first to the Class S-B-6 Certificates pursuant to clause (iv)(B)(12) below, second to the Class S-B-5 Certificates, pursuant to clause (iv)(B)(10) below, third to the Class S-B-4 Certificates, pursuant to clause (iv)(B)(8) below, fourth to the Class S-B-3 Certificates, pursuant to clause (iv)(B)(6) below, fifth to the Class S-B-2 Certificates, pursuant to clause (iv)(B)(4) below and finally to the Class S-B-1 Certificates, pursuant to clause (iv)(B)(2) below; (iv) concurrently, as follows: (A) to each Class of Class N-M and Class N-B Certificates, subject to paragraph (d) below, in accordance with Section 5.02(b)(i)the following order of priority: (1) to the Class N-M Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (2) to the Class N-M Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date less any amount used to pay the applicable PO Deferred Amounts pursuant to clause (iii) above until the Class Certificate Balance thereof has been reduced to zero; (3) to the Class N-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (4) to the Class N-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date less any amount used to pay the applicable PO Deferred Amounts pursuant to clause (iii) above until the Class Certificate Balance thereof has been reduced to zero; (5) to the Class N-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (6) to the Class N-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date less any amount used to pay the applicable PO Deferred Amounts pursuant to clause (iii) above until the Class Certificate Balance thereof has been reduced to zero; (7) to the Class N-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (8) to the Class N-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date less any amount used to pay the applicable PO Deferred Amounts pursuant to clause (iii) above until the Class Certificate Balance thereof has been reduced to zero; (9) to the Class N-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (10) to the Class N-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date less any amount used to pay the applicable PO Deferred Amounts pursuant to clause (iii) above until the Class Certificate Balance thereof has been reduced to zero; (11) to the Class N-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (12) to the Class N-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date less any amount used to pay the applicable PO Deferred Amounts pursuant to clause (iii) above until the Class Certificate Balance thereof has been reduced to zero; (13) to the Class N-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; and (14) to the Class N-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date less any amount used to pay the applicable PO Deferred Amounts pursuant to clause (iii) above until the Class Certificate Balance thereof has been reduced to zero;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Funding 2007-4 Trust)

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