Common use of Regular Interest Clause in Contracts

Regular Interest. In the case of information furnished pursuant to subclauses (i), (ii) and (viii) above, the amounts shall be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and additional loan level information (and, at its option, any additional files provided by the Master Servicer containing the same information in an alternative format) available each month to the Trustee, Certificateholders and the Rating Agencies via the Securities Administrator's internet website. The Trustee's internet website shall initially be located at xxx.xxxxxxx.xxx. Assistance in using the website can be obtained by calling the Securities Administrator's customer service desk at (000) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer no later than four Business Days prior to the Distribution Date. In preparing or furnishing the Mortgage Loan data to the Securities Administrator, the Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data regarding the Mortgage Loans and the related REO Property that has been provided to the Master Servicer by each Servicer, and the Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data or other information. On each Distribution Date, the Securities Administrator shall also provide or make available to the Depositor a copy of the above described written report, to the following address: Xxxxxx Brothers Inc., 000 Xxxxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxxx Xxxxxxxx, or to such other address as the Depositor may designate.

Regular Interest. In If the case Swap Contract becomes subject to early termination due to the occurrence of information furnished pursuant an event of default or a termination event thereunder, the Paying Agent on behalf of the Trustee shall promptly provide written notice to subclauses the Holders of the Class A-2 Certificates and the Trustee shall take such commercially reasonable actions (ifollowing the expiration of any applicable grace period), unless directed in writing by the Certificateholders evidencing, in the aggregate, not less than 25% of the Voting Rights of the Class A-2 Certificates, to enforce the rights of the Trust under the Swap Contract as may be permitted by the terms of the Swap Contract and consistent with the terms hereof, and shall apply the proceeds collected from the Swap Counterparty in connection with any such actions (ii) and (viii) aboveincluding, without limitation, the amounts proceeds of the liquidation of any collateral pledged by the Swap Counterparty) to enter into a replacement interest rate swap contract on substantially identical terms or on such other terms reasonably acceptable to the Trustee. Each Rating Agency shall confirm in writing that such action will not result in a qualification, downgrade or withdrawal of the then-current ratings of the Certificates. If the costs attributable to entering into a replacement interest rate swap contract will exceed the sum of the net proceeds of the liquidation of the Swap Contract, a replacement interest rate swap contract shall not be entered into. Prior to the application of any proceeds in accordance with the terms of this paragraph, such proceeds shall be expressed deposited in a segregated trust account, which shall be an Eligible Account, established by the Paying Agent and identified as held in trust for the benefit of the Certificateholders of the Class A-2 Certificates. Any proceeds of the liquidation of the Swap Contract which exceed the costs attributable to entering into a dollar amount per $1,000 replacement interest rate swap contract (or if no replacement interest rate swap contract is entered into) shall be deposited into the Floating Rate Account and shall be distributed to the holders of original principal amount of the Class A-2 Certificates. The Securities Administrator shall make such report and additional loan level information (and, at its option, any additional files provided by the Master Servicer containing the same information in an alternative format) available each month to the Trustee, Certificateholders Trustee and the Rating Agencies via the Securities Administrator's internet website. The Trustee's internet website shall initially be located at xxx.xxxxxxx.xxx. Assistance in using the website can be obtained by calling the Securities Administrator's customer service desk at (000) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer no later than four Business Days prior to the Distribution Date. In preparing or furnishing the Mortgage Loan data to the Securities Administrator, the Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data regarding the Mortgage Loans and the related REO Property that has been provided to the Master Servicer by each Servicer, and the Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Paying Agent shall be entitled to conclusively rely on the Mortgage Loan data provided report from the Swap Counterparty that specifies LIBOR for any Interest Accrual Period. If the Swap Contract is terminated and there is no replacement, the Trustee shall notify the Paying Agent and the Paying Agent shall provide the following notice of such termination in the next Distribution Date Statement: "The Swap Contract with respect to the Class A-2 Certificates is terminated as of [date]. Certificateholders and Beneficial Owners that are Plans are advised that the Exemptions will no longer apply to the Class A-2 Certificates, effective 60 days after the receipt of this notice. All capitalized terms used in this notice shall have the meaning assigned to them in the Pooling and Servicing Agreement." Notwithstanding anything herein to the contrary, any expenses incurred by the Master Servicer Trustee under this Section 6.12 shall be paid by the Class A-2 Grantor Trust, and shall have no liability for not by any errors other trust hereunder, but only upon the Trustee's determination that such expenses cannot be recovered from the Swap Counterparty or any proceeds due under the Swap Contract. Factors that the Trustee may consider when making a recoverability determination with respect to the reimbursement of such expenses include, but are not limited to, (i) the financial condition of the Swap Counterparty and (ii) the likelihood that the Swap Counterparty will make such reimbursements in such Mortgage Loan data the event the Trustee pursues appropriate legal action or other information. On each Distribution Date, the Securities Administrator shall also provide or make available to the Depositor a copy of the above described written report, to the following address: Xxxxxx Brothers Inc., 000 Xxxxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxxx Xxxxxxxx, or to such other address as the Depositor may designatecommercially reasonable enforcement and collection measures.

Regular Interest. In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (viiivi) above, the amounts shall (except with respect to the Class X-I and Class X-II Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. In addition to the information listed above, such Distribution Date report shall also include such other information as is required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB. The Securities Administrator shall Trustee will make such report and additional loan level information (and, at its option, any additional files provided by the Master Servicer containing the same information in an alternative format) provided to it by the Master Servicer available each month to the TrusteeCertificateholders, Certificateholders any NIMS Insurer, and the Rating Agencies via the Securities Administrator's Trustee’s internet website. The Trustee's ’s internet website shall initially be located at xxx.xxxxxxx.xxx. Assistance xxxx://xxxxxxxxxxxxxxxxxxxxxx.xxx and assistance in using the website can be obtained by calling emailing the Securities Administrator's Trustee’s customer service desk at (000) 000-0000xx.xxxxxxxxxxx.xxxxxxxx@xxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Trustee shall provide a “zero settlement file” to Bloomberg L.P. within seven (7) calendar days after the receipt of the collateral data file from the Depositor, but in no event later than the first Distribution Date, which shall contain all of the information in the initial Monthly Report (without giving effect to any distributions); provided, however, that in no event will such zero settlement file contain any mortgagor-specific information. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution DateDate or such other time period as set forth in Section 9.23(c). In preparing or furnishing the Mortgage Loan data to the Securities Administratorforegoing information, the Master Servicer Trustee shall be entitled to rely conclusively on the accuracy and completeness of the information or data (i) regarding the Mortgage Loans and the related REO Property that has been provided to the Master Servicer by each Servicerthe Servicer and to the Trustee by the Master Servicer and (ii) regarding the Cap Agreement that has been provided to the Trustee by the Cap Provider, and the Master Servicer Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors or omissions in such Mortgage Loan data or other information. On each Distribution Date, the Securities Administrator shall also provide or make available to the Depositor a copy of the above described written report, to the following address: Xxxxxx Brothers Inc., 000 Xxxxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxxx Xxxxxxxx, or to such other address as the Depositor may designatedata.