REMIC I. (a) On each Distribution Date, the Certificate Administrator shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority: (i) from the portion of the Available Distribution Amount attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, each Mortgage Loan (including each REO Mortgage Loan), to pay any and all Distributable Interest with respect to the Corresponding REMIC I Regular Interest for such Distribution Date; (ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the REMIC I Principal Amount thereof is reduced to zero; and (iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation). (b) At such time as all Distributable Interest with respect to the REMIC I Regular Interests has been paid, the REMIC I Principal Amounts of all of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property. (c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest (and correspondingly, to the applicable Exchangeable Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan (including an REO Mortgage Loan) as to which such Prepayment Premium was received.
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2014-C14), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2014-C14), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2014-C16)
REMIC I. (a) On each Distribution Date, the Certificate Administrator shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the portion of the Available Distribution Amount attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, each Mortgage Loan (including each REO Mortgage Loan), to pay any and all Distributable Interest with respect to the Corresponding REMIC I Regular Interest for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the REMIC I Principal Amount thereof is reduced to zero; and
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time as all Distributable Interest with respect to the REMIC I Regular Interests has been paid, the REMIC I Principal Amounts of all of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX EX XXXXX III Regular Interest (and correspondingly, to the applicable Exchangeable Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan (including an REO Mortgage Loan) as to which such Prepayment Premium was received.
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2014-C14), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2014-C16), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2013-C11)
REMIC I. (a) On each Distribution Date, the Certificate Administrator shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the portion of the Available Distribution Amount attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, each Mortgage Loan (including each REO Mortgage Loan), to pay any and all Distributable Interest with respect to the Corresponding REMIC I Regular Interest for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the REMIC I Principal Amount thereof is reduced to zero; and
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time as all Distributable Interest with respect to the REMIC I Regular Interests has been paid, the REMIC I Principal Amounts of all of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX EC Trust REMIC III Regular Interest (and correspondingly, to the applicable Exchangeable EC Trust Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan (including an REO Mortgage Loan) as to which such Prepayment Premium was received.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2013-C7), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2013-C8), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2013-C7)
REMIC I. (a) On each Distribution Date, the Certificate Administrator shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the portion of the Available Distribution Amount attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, each Mortgage Loan (including each REO Mortgage Loan), to pay any and all Distributable Interest with respect to the Corresponding REMIC I Regular Interest for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the REMIC I Principal Amount thereof is reduced to zero; and
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time as all Distributable Interest with respect to the REMIC I Regular Interests has been paid, the REMIC I Principal Amounts of all of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III II Regular Certificates or XX XXXXX III Regular Interest (and correspondingly, to the applicable Exchangeable Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan (including an REO Mortgage Loan) as to which such Prepayment Premium was received.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2012-C4), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2012-C4), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2012-C4)
REMIC I. (a) On each Distribution Date, the Certificate Administrator Paying Agent shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the portion of the Available Distribution Amount attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, to each Mortgage Loan (including or related REO Property, Distributable Certificate Interest to each REO Mortgage Loan), to pay any and all Distributable Interest with respect to the Corresponding REMIC I Regular Interest for such Distribution DateInterest;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each or related REO Mortgage Loan)Property, to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the REMIC I Principal Amount Certificate Balance thereof is reduced to zero; and;
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds funds with respect to each Mortgage Loan (including each other than Excess Interest) or related REO Mortgage Loan)Property, to reimburse, first, reimburse any unreimbursed Collateral Support Deficits Realized Losses previously allocated to the Corresponding REMIC I Regular InterestInterests, together with unpaid plus interest thereon on such Realized Losses at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits previously allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).thereto; and
(biv) At thereafter, to the Class R-I Certificateholders at such time as all Distributable Interest with respect to the REMIC I Regular Interests has been paid, the REMIC I Principal Amounts Certificate Balance of all Classes of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) Realized Losses previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay reimbursed to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest Regular Interests, any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan or(other than Excess Interest) or related REO Property, to the extent of the Trust’s 's interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest (and correspondingly, to the applicable Exchangeable Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan (including an REO Mortgage Loan) as to which such Prepayment Premium was received.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2004-Top16), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2005 TOP 17), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2005 TOP 17)
REMIC I. (a) On each Distribution Date, the Certificate Administrator shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the portion of the Available Distribution Amount attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, each Mortgage Loan (including each REO Mortgage Loan), to pay any and all Distributable Interest with respect to the Corresponding REMIC I Regular Interest for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the REMIC I Principal Amount thereof is reduced to zero; and
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time as all Distributable Interest with respect to the REMIC I Regular Interests has been paid, the REMIC I Principal Amounts of all of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX Certificates, EX XXXXX III Regular Interest (and correspondingly, to the applicable Exchangeable Certificates) or Swap REMIC III Regular Interest (and correspondingly to or with respect to any applicable Swap Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan (including an REO Mortgage Loan) as to which such Prepayment Premium was received.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2013-C12), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2013-C11), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2013-C10)
REMIC I. (a) On each Distribution Date, the Certificate Administrator shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the portion of the Available Distribution Amount attributable to interest (other than Excess InterestInterest (if any)) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, each Mortgage Loan (including each REO Mortgage Loan), to pay any and all Distributable Interest with respect to the Corresponding REMIC I Regular Interest for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the REMIC I Principal Amount thereof is reduced to zero; and
(iii) from any remaining amount of the Available Distribution Amount (other than Excess InterestInterest (if any)) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time as all Distributable Interest with respect to the REMIC I Regular Interests has been paid, the REMIC I Principal Amounts of all of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess InterestInterest (if any)) remaining with respect to each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to to, without duplication, any Class of REMIC III Regular Certificates or XX EX XXXXX III Regular Interest (and correspondingly, to the applicable Exchangeable Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan (including an REO Mortgage Loan) as to which such Prepayment Premium was received.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2013-C12), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2013-C10), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2013-C11)
REMIC I. (a) On each Distribution Date, the Certificate Administrator Paying Agent shall be deemed to distribute (with a credit for an amount equal to any Class A-MFL Net Swap Payment that was deemed distributed by the Paying Agent to the Master Servicer's Class A-MFL Floating Rate Account on the immediately preceding Master Servicer Remittance Date pursuant to Section 8.31(b)), to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the portion of the Available Distribution Amount attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, to each Mortgage Loan (including or related REO Property, Distributable Certificate Interest to each REO Mortgage Loan), to pay any and all Distributable Interest with respect to the Corresponding REMIC I Regular Interest for such Distribution DateInterest;
(ii) from the portion of the Available Distribution Amount Amount, attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each or related REO Mortgage Loan)Property, to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the REMIC I Principal Amount Certificate Balance thereof is reduced to zero; and;
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds funds with respect to each Mortgage Loan (including each or related REO Mortgage Loan)Property, to reimburse, first, reimburse any unreimbursed Collateral Support Deficits Realized Losses previously allocated to the Corresponding REMIC I Regular InterestInterests, together with unpaid plus interest thereon on such Realized Losses at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits previously allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).thereto; and
(biv) At thereafter, to the Class R-I Certificateholders, at such time as all Distributable Interest with respect to the REMIC I Regular Interests has been paid, the REMIC I Principal Amounts Certificate Balance of all Classes of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) Realized Losses previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay reimbursed to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest Regular Interests, any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan oror related REO Property, to the extent of the Trust’s 's interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest (and correspondingly, to the applicable Exchangeable Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan (including an REO Mortgage Loan) as to which such Prepayment Premium was received.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2006-Iq12), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2006-Iq12)
REMIC I. (a) On each Distribution Date, the Certificate Administrator Trustee shall be deemed to distribute apply the Available Distribution Amount (excluding any amounts attributable to itself on behalf of the Trustee, Prepayment Premiums) as holder of the REMIC I Regular Interests, is attributable to each Mortgage Loan for such date for the following purposes and in the following order of priority:
(i) from the portion to pay interest to REMIC II in respect of the Available Distribution Amount attributable each REMIC I Regular Interest, up to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect an amount equal to, and any Excess Liquidation Proceeds attributable topro rata in accordance with, each Mortgage Loan (including each REO Mortgage Loan), to pay any and all Uncertificated Distributable Interest with respect (excluding amounts attributable to the Corresponding Prepayment Premiums) for each such REMIC I Regular Interest for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with to REMIC II in respect to the Corresponding of each REMIC I Regular Interest, until up to an amount equal to, and pro rata in accordance with, the excess, if any, of the Uncertificated Principal Balance of such REMIC I Regular Interest outstanding immediately prior to such Distribution Date, over the Stated Principal Balance of the related Mortgage Loan (including without limitation an REO Mortgage Loan or, if applicable, a Qualifying Substitute Mortgage Loan) that will be outstanding immediately following such Distribution Date;
(iii) to reimburse REMIC II for any Realized Losses and Expense Losses previously deemed allocated to the various REMIC I Regular Interests (with interest), up to an amount equal to, and pro rata in accordance with, the Loss Reimbursement Amount thereof is reduced to zerofor each such REMIC I Regular Interest for such Distribution Date; and
(iiiiv) from any remaining amount to the Holders of the Class R-I Certificates that portion, if any, of the Available Distribution Amount (other than Excess Interestexcluding amounts attributable to Prepayment Premiums) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the for such date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time as all Distributable Interest with respect to the REMIC I Regular Interests that has not otherwise been paid, the REMIC I Principal Amounts of all of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest (and correspondingly, to the applicable Exchangeable Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I paid to REMIC II in respect of the Corresponding REMIC I Regular Interests pursuant to this Section 6.2(a).
(b) On the Distribution Date occurring in (A) January of each calendar year that is not a leap year and (B) February of each calendar year, interest payments constituting the Withheld Amounts that would otherwise be distributable pursuant to clause (a)(i) above shall be deposited in the Interest for Reserve Account by the Mortgage Loan (including an REO Mortgage Loan) as to which such Prepayment Premium was receivedTrustee in accordance with Section 5.3.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc Depositor for Series 1999-Fnv1), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc)
REMIC I. (a) On each Distribution Date, the Certificate Administrator shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the portion of the Available Distribution Amount attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, each Mortgage Loan (including each REO Mortgage Loan), to pay any and all Distributable Interest with respect to the Corresponding REMIC I Regular Interest for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the REMIC I Principal Amount thereof is reduced to zero; and
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time as all Distributable Interest with respect to the REMIC I Regular Interests has been paid, the REMIC I Principal Amounts of all of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX Class PST REMIC III Regular Interest (and correspondingly, to the applicable Exchangeable Class A-S, Class B, Class PST and Class C Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan (including an REO Mortgage Loan) as to which such Prepayment Premium was received.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2012-C5), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2012-C5)
REMIC I. (a) On each Distribution DateThe segregated pool of assets subject hereto, constituting the Certificate Administrator shall primary trust created hereby and to be deemed administered hereunder, with respect to distribute which a REMIC election is to itself on behalf be made, consisting of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the portion of Mortgage Loans and all interest accruing and principal due with respect thereto after the Available Distribution Amount attributable Cut-off Date to interest the extent not applied in computing the Cut-off Date Principal Balance thereof and all related Prepayment Charges; (ii) the related Mortgage Files, (iii) the Custodial Account (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, each Mortgage Loan (including each REO Mortgage Loanamounts representing any Servicer Prepayment Charge Payment Amount), the Distribution Account, the Class P Certificate Account and such assets that are deposited therein from time to pay time, together with any and all Distributable Interest income, proceeds and payments with respect thereto; (iv) property that secured a Mortgage Loan and has been acquired by foreclosure, deed in lieu of foreclosure or otherwise; (v) the mortgagee’s rights under the Insurance Policies with respect to the Corresponding Mortgage Loans; (vi) the rights under the Mortgage Loan Purchase Agreement, and (vii) all proceeds of the foregoing, including proceeds of conversion, voluntary or involuntary, of any of the foregoing into cash or other liquid property. Notwithstanding the foregoing, however, REMIC I Regular Interest for such Distribution specifically excludes (i) all payments and other collections of principal and interest due on the Mortgage Loans on or before the Cut-off Date;
, (ii) from all Prepayment Charges payable in connection with Principal Prepayments on the portion of Mortgage Loans made before the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan)Cut-off Date, to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the REMIC I Principal Amount thereof is reduced to zero; and
(iii) from any remaining amount of the Available Distribution Amount Basis Risk Shortfall Reserve Fund and (other than Excess Interestiv) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation)Cap Contract.
(b) At such time as all Distributable Interest with respect to the REMIC I Regular Interests has been paid, the REMIC I Principal Amounts of all of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest (and correspondingly, to the applicable Exchangeable Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan (including an REO Mortgage Loan) as to which such Prepayment Premium was received.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2005-Ar3), Pooling and Servicing Agreement (Nomura Asset Acceptance Corp, Alternative Loan Trust, Series 2005-Ar6)
REMIC I. (ai) On Except as provided in subsection (iii), on each Distribution Date:
(A) Prior to making distributions on such Distribution Date, Realized Interest Losses on each Mortgage Loan, Separate Loan Advance, and REO Property shall be allocated to reduce first, Distributable Certificate Interest on the corresponding REMIC I Interest for the current Distribution Date, and then outstanding Distributable Certificate Interest owing on the corresponding REMIC I Interest for prior Distribution Dates, and to the extent that such Realized Interest Loss exceeds such amount, shall be treated as an Additional Trust Fund Expense and allocated as provided in paragraph (C) below;
(B) Realized Principal Losses on each Mortgage Loan, Separate Loan Advance, and REO Property realized during the related Collection Period shall reduce the Certificate Balance of the corresponding REMIC I Interest; and
(C) Additional Trust Fund Expenses realized during the related Collection Period shall be allocated among the REMIC I Interests in proportion to their Certificate Balances after making all other allocations for such Distribution Date.
(ii) In the event that the Master Servicer, the Trustee, or the Fiscal Agent determines that an Advance previously made by it is a Nonrecoverable Advance and the Master Servicer withdraws the amount of such Advance from the Collection Account pursuant to Section 3.7 hereof, prior to making any distribution on such Distribution Date, the Certificate Administrator Master Servicer shall be deemed to distribute to itself on behalf of the Trusteedetermine, as holder of the REMIC I Regular Interestsconsistent with Section 1.2(b), for the following purposes and in the following order of priority:
(i) from the portion of the Available Distribution Amount amount so withdrawn that is attributable to (w) interest on the related Mortgage Loan; (other than Excess Interestx) collected or principal on the related Mortgage Loan; (y) Property Advances; and (z) the Advance Interest Amount. The portion of the amount so withdrawn from the Collection Account that is allocable to:
(A) amounts previously advanced or deemed collected or advanced as interest on or with respect to, and any Excess Liquidation Proceeds attributable to, each the related Mortgage Loan (including shall be allocated by the Trustee to reduce the amount of interest paid on each REO Mortgage Loan), to pay any and all Distributable Interest with respect to the Corresponding REMIC I Regular Interest for on such Distribution Date in proportion to Distributable Certificate Interest otherwise payable thereon and shall result in the creation of 160 or increase in overdue Distributable Certificate Interest on each such REMIC I Interest;
(B) amounts previously advanced as principal on the related Mortgage Loan shall be allocated by the Trustee to reduce the principal paid on each REMIC I Interest on which principal would otherwise be paid on such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable , in proportion to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the REMIC I Principal Amount thereof is reduced to zeropayments; and
(iiiC) from amounts previously advanced as Property Advances, as well as any remaining amount of Advance Interest Amount owing to the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds Master Servicer, a Special Servicer, the Trustee, or the Fiscal Agent with respect to each Advances on such Mortgage Loan shall be treated as Additional Trust Fund Expenses and allocated by the Trustee in accordance with paragraph (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation)i)(C) above.
(biii) At such time as all a Final Recovery Determination is made with respect to any Mortgage Loan with respect to which the Master Servicer previously had withdrawn amounts from the Collection Account following a determination that Advances previously made were Nonrecoverable Advances (as provided in clause (ii)), or at such other time as a Realized Loss shall occur with respect to any such Mortgage Loan, the Master Servicer shall compute the Realized Loss with respect to such Mortgage Loan and the Trustee shall make allocations as follows:
(A) any Realized Interest Loss shall be allocated to the corresponding REMIC I Interest to the extent of outstanding overdue Distributable Certificate Interest thereon and any remaining portion of the Realized Interest Loss shall be allocated as a Realized Interest Loss on each REMIC I Interest with respect to which an interest shortfall was created pursuant to Section 4.9(a)(ii)(A) above in proportion to the amount of outstanding overdue Distributable Certificate Interest resulting from the reduction in distributions of interest on such REMIC I Regular Interests has been paid, Interest pursuant to Section 4.9(a)(ii)(A) above;
(B) to the extent that any Realized Principal Loss does not exceed the Certificate Balance on the corresponding REMIC I Interest, such Realized Principal Amounts of all Loss shall be allocated to such REMIC I Interest; and to the extent that any Realized Principal Loss exceeds the Certificate Balance of the corresponding REMIC I Regular Interests have been reduced to zeroInterest, and all Collateral Support Deficits (including interest thereon) previously such Realized Principal Loss shall be allocated thereto to the other corresponding REMIC I Regular Interests have been reimbursedthe distributions of principal on which were reduced pursuant to Section 4.9(a)(ii)(B) above, the Certificate Administrator shall pay in proportion to the Holders amount of such reductions;
(C) the portion of the Class R Certificates amount recovered on the Mortgage Loan with respect to which amounts were withdrawn from the Collection Account that are treated as recoveries of interest on the Mortgage Loan shall be applied first, to make payments of outstanding overdue Distributable Certificate Interest on the corresponding REMIC I Residual Interest any amounts and thereafter to make payments of the Available Distribution Amount (other than Excess Interest) remaining interest on each REMIC I Interest with respect to each which an overdue Distributable Certificate Interest was created pursuant to Section 4.9(a)(ii)(A) above in proportion to the amount of outstanding overdue Distributable Certificate Interest resulting from the reduction in distributions of interest on such REMIC I Interest pursuant to Section 4.9(a)(ii)(A) above;
(D) the portion of the amount recovered on the Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class which amounts were withdrawn from the Collection Account treated as recoveries of REMIC III Regular Certificates or XX XXXXX III Regular Interest (and correspondinglyprincipal on the Mortgage Loan shall be applied first, to make payments of principal on the applicable Exchangeable Certificates) on any Distribution Date corresponding REMIC I Interest until the Certificate Balance thereof is reduced to zero and thereafter to make payments of principal to the corresponding REMIC I Interests with respect to which principal distributions were reduced pursuant to Section 6.104.9(a)(ii)(B) above, shall be deemed in proportion to have first been distributed from REMIC I to REMIC II in respect the amount of such reductions; and
(E) the portion of the Corresponding REMIC I Regular Interest for amount recovered on the Mortgage Loan (including an REO Mortgage Loan) as with respect to which such Prepayment Premium amounts were withdrawn from the Collection Account that is treated as a recovery of expenses on the Mortgage Loan shall be applied in reimbursement of Additional Trust Fund Expenses on each REMIC I Interest with respect to which an Additional Trust Fund Expense was receivedcreated pursuant to Section 4.9(a)(ii)(C) above in proportion to the amount of the Additional Trust Fund Expense allocated thereto pursuant to Section 4.9(a)(ii)(C) above.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Commercial Mortgage Acceptance Corp), Pooling and Servicing Agreement (Commercial Mortgage Acceptance Corp)
REMIC I. (a) On each Distribution Date, the Certificate Administrator Paying Agent shall be deemed to distribute (with a credit for an amount equal to any Net Swap Payment that was deemed distributed by the Paying Agent to the Master Servicer's Floating Rate Account on the immediately preceding Master Servicer Remittance Date pursuant to Section 8.32(b)) to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the portion of the Available Distribution Amount attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, to each Mortgage Loan (including or related REO Property, Distributable Certificate Interest to each REO Mortgage Loan), to pay any and all Distributable Interest with respect to the Corresponding REMIC I Regular Interest for such Distribution DateInterest;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each or related REO Mortgage Loan)Property, to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the REMIC I Principal Amount Certificate Balance thereof is reduced to zero; and;
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds funds with respect to each Mortgage Loan (including each other than Excess Interest) or related REO Mortgage Loan)Property, to reimburse, first, reimburse any unreimbursed Collateral Support Deficits Realized Losses previously allocated to the Corresponding REMIC I Regular InterestInterests, together with unpaid plus interest thereon on such Realized Losses at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits previously allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).thereto; and
(biv) At thereafter, to the Class R-I Certificateholders at such time as all Distributable Interest with respect to the REMIC I Regular Interests has been paid, the REMIC I Principal Amounts Certificate Balance of all Classes of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) Realized Losses previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay reimbursed to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest Regular Interests, any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan or(other than Excess Interest) or related REO Property, to the extent of the Trust’s 's interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest (and correspondingly, to the applicable Exchangeable Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan (including an REO Mortgage Loan) as to which such Prepayment Premium was received.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2005-Top18), Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2005-Top18)
REMIC I. (a) On each Distribution Date, the Certificate Administrator Trustee shall be deemed to distribute apply the Available Distribution Amount (excluding any amounts attributable to itself on behalf of the Trustee, Prepayment Premiums) as holder of the REMIC I Regular Interests, is attributable to each Mortgage Loan for such date for the following purposes and in the following order of priority:
(i) from the portion to pay interest to REMIC II in respect of the Available Distribution Amount attributable each REMIC I Regular Interest, up to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect an amount equal to, and any Excess Liquidation Proceeds attributable topro rata in accordance with, each Mortgage Loan (including each REO Mortgage Loan), to pay any and all Uncertificated Distributable Interest with respect (excluding amounts attributable to the Corresponding Prepayment Premiums) for each such REMIC I Regular Interest for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with to REMIC II in respect to the Corresponding of each REMIC I Regular Interest, until up to an amount equal to, and pro rata in accordance with, the excess, if any, of the Uncertificated Principal Balance of such REMIC I Regular Interest outstanding immediately prior to such Distribution Date, over the Stated Principal Balance of the related Mortgage Loan (including without limitation an REO Mortgage Loan or, if applicable, a Qualifying Substitute Mortgage Loan) that will be outstanding immediately following such Distribution Date;
(iii) to reimburse REMIC II for any Realized Losses and Expense Losses previously deemed allocated to the various REMIC I Regular Interests (with interest), up to an amount equal to, and pro rata in accordance with, the Loss Reimbursement Amount thereof is reduced to zerofor each such REMIC I Regular Interest for such Distribution Date; and
(iiiiv) from any remaining amount to the Holders of the Class R-I Certificates that portion, if any, of the Available Distribution Amount (other than Excess Interestexcluding amounts attributable to Prepayment Premiums) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the for such date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time as all Distributable Interest with respect to the REMIC I Regular Interests that has not otherwise been paid, the REMIC I Principal Amounts of all of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest (and correspondingly, to the applicable Exchangeable Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I paid to REMIC II in respect of the Corresponding REMIC I Regular Interests pursuant to this Section 6.2(a).
(b) On each Distribution Date, the Trustee shall be deemed to apply each Prepayment Premium then on deposit in the Distribution Account and received during or prior to the related Collection Period, to pay additional interest to REMIC II in respect of the REMIC I Regular Interest for that relates to the Mortgage Loan (including without limitation an REO Mortgage Loan or, if applicable, a Replacement Mortgage Loan) as to which such Prepayment Premium was received.
(c) All amounts (other than additional interest in the form of Prepayment Premiums) deemed paid to REMIC II in respect of the REMIC I Regular Interests pursuant to this Section 6.2 on any Distribution Date is herein referred to as the "REMIC II DISTRIBUTION AMOUNT" for such date.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc Com Mort Ps THR Cer Se 1998-Cf1)
REMIC I. (a) On each Distribution Date, the Certificate Administrator shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the portion of the Available Distribution Amount attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, each Mortgage Loan (including each REO Mortgage Loan), to pay any and all Distributable Interest with respect to the Corresponding REMIC I Regular Interest for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the REMIC I Principal Amount thereof is reduced to zero; and
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time as all Distributable Interest with respect to the REMIC I Regular Interests has been paid, the REMIC I Principal Amounts of all of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX Certificates, EC Trust REMIC III Regular Interest (and correspondingly, to the applicable Exchangeable EC Trust Certificates) or Swap REMIC III Regular Interest (and correspondingly to or with respect to any applicable Swap Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan (including an REO Mortgage Loan) as to which such Prepayment Premium was received.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9)
REMIC I. (a) On each Distribution Date, the Certificate Administrator Paying Agent shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the portion of the Available Distribution Amount attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, to each Mortgage Loan (including or related REO Property, Distributable Certificate Interest to each REO Mortgage Loan), to pay any and all Distributable Interest with respect to the Corresponding REMIC I Regular Interest for such Distribution DateInterest;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each or related REO Mortgage Loan)Property, to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the REMIC I Principal Amount Certificate Balance thereof is reduced to zero; and;
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each other than Excess Interest) or related REO Mortgage Loan)Property, to reimburse, first, reimburse any unreimbursed Collateral Support Deficits Realized Losses previously allocated to the Corresponding REMIC I Regular InterestInterests, together with unpaid plus interest thereon on such Realized Losses at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits previously allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).thereto; and
(biv) At thereafter, to the Class R-I Certificateholders at such time as all Distributable Interest with respect to the REMIC I Regular Interests has been paid, the REMIC I Principal Amounts Certificate Balance of all Classes of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits Realized Losses (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay reimbursed to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest Regular Interests, any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan or(other than Excess Interest) or related REO Property, to the extent of the Trust’s 's interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest (and correspondingly, to the applicable Exchangeable Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan (including an REO Mortgage Loan) as to which such Prepayment Premium was received.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2006-Top24), Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage SecuritiesTrust 2006-Top22)
REMIC I. (a) On each Distribution Date, the Certificate Administrator shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the portion of the Available Distribution Amount attributable to interest (other than Excess InterestInterest (if any)) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, each Mortgage Loan (including each REO Mortgage Loan), to pay any and all Distributable Interest with respect to the Corresponding REMIC I Regular Interest for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the REMIC I Principal Amount thereof is reduced to zero; and
(iii) from any remaining amount of the Available Distribution Amount (other than Excess InterestInterest (if any)) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time as all Distributable Interest with respect to the REMIC I Regular Interests has been paid, the REMIC I Principal Amounts of all of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess InterestInterest (if any)) remaining with respect to each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to to, without duplication, any Class of REMIC III Regular Certificates or XX XXXXX Certificates, EC Trust REMIC III Regular Interest (and correspondingly, to the applicable Exchangeable EC Trust Certificates) or Class X REMIC III Regular Interests on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan (including an REO Mortgage Loan) as to which such Prepayment Premium was receivedreceived and from REMIC II to REMIC III in respect of the related REMIC II Regular Interest (regardless of whether the principal balance of such regular interest has been reduced to zero).
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2013-C8), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2013-C8)
REMIC I. REMIC I shall issue one uncertificated interest in respect of each Mortgage Loan held by the Trust on the Closing Date, each of which is hereby designated as a regular interest in REMIC I (athe “REMIC I Regular Interests”). Each REMIC I Regular Interest shall have an initial principal balance equal to the Scheduled Principal Balance of the Mortgage Loan to which it relates and shall bear interest at a per annum rate equal to the Net Mortgage Rate of such Mortgage Loan. In the event a Qualified Substitute Mortgage Loan is substituted for such Mortgage Loan (the “Original Mortgage Loan”), no amount of interest payable on such Qualified Substitute Mortgage Loan shall be distributed on such REMIC I Regular Interest at a rate in excess of the Net Mortgage Rate of the Original Mortgage Loan. On each Distribution Date the Trustee shall distribute the interest portion of the Available Distribution Amount (net of expenses described in the preceding paragraph) with respect to each of the Lower Tier Interests in REMIC I based on the above-described interest rates. On each Distribution Date, the Certificate Administrator Trustee shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the principal portion of the Available Distribution Amount among the Lower Tier Interests in REMIC I in accordance with the amount of the principal attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, each the Mortgage Loan (including corresponding to each REO such Lower Tier Interests in REMIC I. All losses on the Mortgage Loan)Loans shall be allocated among the Lower Tier Interests in REMIC I in the same manner that principal distributions are allocated. On each Distribution Date, the Trustee shall distribute Soft Prepayment Penalties and Hard Prepayment Penalties in respect of the Mortgage Loans collected during the preceding Prepayment Period and payable to pay any the Class 3-A8 and all Distributable Class 3-A9 Certificates to the Lower Tier Interest in REMIC I corresponding to the Mortgage Loan with respect to which such amounts were received. On each Distribution Date, the Corresponding Trustee shall first pay or charge as an expense of REMIC I Regular Interest all expenses of the Trust Fund for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding . REMIC I Regular Interest, until the REMIC I Principal Amount thereof is reduced to zero; and
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time II shall hold as all Distributable Interest with respect to assets the REMIC I Regular Interests. REMIC II shall issue the several classes of uncertificated REMIC II Interests has been paidset out below. Each such REMIC II Interest, other than the Class R-2 Interest, is hereby designated as a regular interest in REMIC I Principal Amounts of all of II. The following table specifies the REMIC I Regular Interests have been reduced to zeroClass designation, interest rate, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to principal amount for each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest II Interests: LTII-1-A1 5.75% (and correspondingly9) 1-A1 LTII-1-A2 5.75% (9) 1-A2 LTII-1-A3 5.75% (9) 1-A3 LTII-1-A4 5.75% (9) 1-A4 LTII-2-A9 7.00% (9) 2-A9, to the applicable Exchangeable Certificates2-A5 LTII-2-A10 7.00% (9) on any Distribution Date pursuant to Section 6.102-A10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan 2-A6 LTII-2-A11 7.00% (including an REO Mortgage Loan9) as to which such Prepayment Premium was received.2-A11, 2-A7 LTII-2-A12 7.00% (9) 2-A12, 2-A8 LTII-2-A13 7.00% (9) 2-A13, 2-A5 LTII-2-A14 7.00% (9) 2-A14, 2-A6 LTII-2-A15 7.00% (9) 2-A15, 2-A7 LTII-2-A16 7.00% (9) 2-A16, 2-A8 LTII-3-A1 7.50% (9) 3-A1, 3-A2, 3-A4, 3-A5, 3-A6, 3-A7, 3-A8, 3-A9 LTII-3-A3 7.50% (9) 3-A3, 3-A2, 3-A4, 3-A5, 3-A6, 3-A7, 3-A8, 3-A9 LTII-4-A1 6.00% (9) 4-A1 LTII-AP 0.00% (9) AP LTII-AX (24) (24) AX LTII-1-AR 6.00% (9) R LTII-1-GSA (1) (10) N/A LTII-1-Pool (1) (11) N/A LTII-2A-GSA (2) (12) N/A LTII-2A-Pool (2) (13) N/A LTII-2B-GSA (3) (14) N/A LTII-2B-Pool (3) (15) N/A LTII-2C-GSA (4) (16) N/A LTII-2C-Pool (4) (17) N/A LTII-2D-GSA (5) (18) N/A LTII-2D-Pool (5) (19) N/A LTII-3-GSA (6) (20) N/A LTII-3-Pool (6) (21) N/A LTII-4-GSA (7) (22) N/A LTII-4-Pool (7) (23) N/A
Appears in 1 contract
REMIC I. REMIC I shall issue one uncertificated interest in respect of each Mortgage Loan held by the Trust on the Closing Date, each of which is hereby designated as a regular interest in REMIC I (athe “REMIC I Regular Interests”). Each REMIC I Regular Interest shall have an initial principal balance equal to the Scheduled Principal Balance of the Mortgage Loan to which it relates and shall bear interest at a per annum rate equal to the Net Mortgage Rate of such Mortgage Loan. In the event a Qualified Substitute Mortgage Loan is substituted for such Mortgage Loan (the “Original Mortgage Loan”), no amount of interest payable on such Qualified Substitute Mortgage Loan shall be distributed on such REMIC I Regular Interest at a rate in excess of the Net Mortgage Rate of the Original Mortgage Loan. On each Distribution Date the Securities Administrator shall distribute the interest portion of the Available Distribution Amount (net of expenses described in the preceding paragraph) with respect to each of the Lower Tier Interests in REMIC I based on the above-described interest rates. On each Distribution Date, the Certificate Securities Administrator shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the principal portion of the Available Distribution Amount among the Lower Tier Interests in REMIC I in accordance with the amount of the principal attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, each the Mortgage Loan (including corresponding to each REO such Lower Tier Interests in REMIC I. All losses on the Mortgage Loan), to pay any and all Distributable Interest with respect to Loans shall be allocated among the Corresponding Lower Tier Interests in REMIC I Regular Interest in the same manner that principal distributions are allocated. On each Distribution Date, the Securities Administrator shall first pay or charge as an expense of REMIC I all expenses of the Trust Fund for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding . REMIC I Regular Interest, until the REMIC I Principal Amount thereof is reduced to zero; and
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time II shall hold as all Distributable Interest with respect to assets the REMIC I Regular Interests. REMIC II shall issue the several classes of uncertificated REMIC II Interests has been paidset out below. Each such REMIC II Interest, other than the Class R-2 Interest, is hereby designated as a regular interest in REMIC I Principal Amounts of all of II. The following table specifies the REMIC I Regular Interests have been reduced to zeroClass designation, interest rate, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to principal amount for each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest II Interests: LTII-1-A1 6.00% (and correspondingly9) 1-A1 LTII-1-A2 6.00% (9) 1-A2 LTII-2-A2 6.50% (9) 2-A2 LTII-2-A3 6.50% (9) 2-A3 LTII-2-A4 6.50% (9) 2-A4 LTII-2-A9 6.50% (9) 2-A9, to the applicable Exchangeable Certificates2-A12 LTII-2-A11 6.50% (9) on any Distribution Date pursuant to Section 6.102-A11, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan 2-A12 LTII-4-A2 5.50% (including an REO Mortgage Loan9) as to which such Prepayment Premium was received.4-A2 LTII-4-A3 6.50% (9) 4-A3 LTII-4-A4 6.00% (9) 4-A4 LTII-AP1 0.00% (9) AP1 LTII-AP2 0.00% (9) AP2 LTII-AP3 0.00% (9) AP3 LTII-AX1 (1) (1) AX1 LTII-AX3 (2) (2) AX3 LTII-1-AR 6.00% (9) R LTII-1-GSA (3) (10) Collateral Group 1 LTII-1-Pool (3) (11) Collateral Group 1 LTII-2-GSA (4) (10) Collateral Group 2 LTII-2-Pool (4) (11) Collateral Group 2 LTII-3A-RSB (5) (10) Collateral Group 3A LTII-3A-Non-RSB (5) (11) Collateral Group 3A LTII-3B-RSB (6) (10) Collateral Group 3B LTII-3B-Non-RSB (6) (11) Collateral Group 3B LTII-4-GSA (7) (10) Collateral Group 4 LTII-4-Pool (7) (11) Collateral Group 4 R-2 (8) (8) N/A __________________
Appears in 1 contract
REMIC I. REMIC I shall issue one uncertificated interest in respect of each Mortgage Loan held by the Trust on the Closing Date, each of which is hereby designated as a regular interest in REMIC I (athe “REMIC I Regular Interests”). Each REMIC I Regular Interest shall have an initial principal balance equal to the Scheduled Principal Balance of the Mortgage Loan to which it relates and shall bear interest at a per annum rate equal to the Net Mortgage Rate of such Mortgage Loan. In the event a Qualified Substitute Mortgage Loan is substituted for such Mortgage Loan (the “Original Mortgage Loan”), no amount of interest payable on such Qualified Substitute Mortgage Loan shall be distributed on such REMIC I Regular Interest at a rate in excess of the Net Mortgage Rate of the Original Mortgage Loan. On each Distribution Date the Trustee shall distribute the interest portion of the Available Distribution Amount (net of expenses described in the preceding paragraph) with respect to each of the Lower Tier Interests in REMIC I based on the above-described interest rates. On each Distribution Date, the Certificate Administrator Trustee shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the principal portion of the Available Distribution Amount among the Lower Tier Interests in REMIC I in accordance with the amount of the principal attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, each the Mortgage Loan (including corresponding to each REO such Lower Tier Interests in REMIC I. All losses on the Mortgage Loan), to pay any and all Distributable Interest with respect to Loans shall be allocated among the Corresponding Lower Tier Interests in REMIC I Regular Interest in the same manner that principal distributions are allocated. On each Distribution Date, the Trustee shall first pay or charge as an expense of REMIC I all expenses of the Trust Fund for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding . REMIC I Regular Interest, until the REMIC I Principal Amount thereof is reduced to zero; and
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time II shall hold as all Distributable Interest with respect to assets the REMIC I Regular Interests. REMIC II shall issue the several classes of uncertificated REMIC II Interests has been paidset out below. Each such REMIC II Interest, other than the Class R-2 Interest, is hereby designated as a regular interest in REMIC I Principal Amounts of all of II. The following table specifies the REMIC I Regular Interests have been reduced to zeroClass designation, interest rate, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to principal amount for each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest II Interests: LTII-1-1A 6.00% (and correspondingly, to the applicable Exchangeable Certificates1) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan 1A LTII-1-1B 11.00% (including an REO Mortgage Loan2) as to which such Prepayment Premium was received.1B LTII-AP 0.00% (3) AP LTII-1-GSA 6.00% (5) Collateral Group 1A LTII-1-Pool 6.00% (6) Collateral Group 1A LTII-2-GSA 6.00% (5) Collateral Group 1B LTII-2-Pool 11.00% (6) Collateral Group 1B R-2 (4) (4) N/A
Appears in 1 contract
REMIC I. (a) On each Distribution Date, the Certificate Administrator Trustee shall be deemed to distribute apply the Available Distribution Amount (excluding any amounts attributable to itself on behalf of the Trustee, Yield Maintenance Charges and Prepayment Premiums) as holder of the REMIC I Regular Interests, is attributable to each Mortgage Loan for such date for the following purposes and in the following order of priority:
(i) from the portion to pay interest to REMIC II in respect of the Available Distribution Amount attributable each REMIC I Regular Interest, up to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect an amount equal to, and any Excess Liquidation Proceeds attributable topro rata in accordance with, each Mortgage Loan (including each REO Mortgage Loan), to pay any and all Uncertificated Distributable Interest with respect (excluding amounts attributable to the Corresponding Yield Maintenance Charges and Prepayment Premiums) for each such REMIC I Regular Interest for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with to REMIC II in respect to the Corresponding of each REMIC I Regular Interest, until up to an amount equal to, and pro rata in accordance with, the excess, if any, of the Uncertificated Principal Balance of such REMIC I Regular Interest outstanding immediately prior to such Distribution Date, over the Stated Principal Balance of the related Mortgage Loan (including without limitation an REO Mortgage Loan or, if applicable, a Qualifying Substitute Mortgage Loan) that will be outstanding immediately following such Distribution Date;
(iii) to reimburse REMIC II for any Realized Losses and Expense Losses previously deemed allocated to the various REMIC I Regular Interests (with interest), up to an amount equal to, and pro rata in accordance with, the Loss Reimbursement Amount thereof is reduced to zerofor each such REMIC I Regular Interest for such Distribution Date; and
(iiiiv) from any remaining amount to the Holders of the Class R-I Certificates that portion, if any, of the Available Distribution Amount (other than Excess Interestexcluding amounts attributable to Yield Maintenance Charges and Prepayment Premiums) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the for such date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time as all Distributable Interest with respect to the REMIC I Regular Interests that has not otherwise been paid, the REMIC I Principal Amounts of all of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest (and correspondingly, to the applicable Exchangeable Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I paid to REMIC II in respect of the Corresponding REMIC I Regular Interests pursuant to this Section 6.2(a).
(b) On the Distribution Date occurring in (A) January of each calendar year that is not a leap year and (B) February of each calendar year, interest payments constituting the Withheld Amounts that would otherwise be distributable pursuant to clause (a)(i) above shall be deposited in the Interest for Reserve Account by the Mortgage Loan (including an REO Mortgage Loan) as to which such Prepayment Premium was receivedTrustee in accordance with Section 5.3.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Heller Financial Commercial Mort Asset Corp Series 1999 Ph 2)
REMIC I. REMIC I shall issue one uncertificated interest in respect of each Mortgage Loan held by the Trust on the Closing Date, each of which is hereby designated as a regular interest in REMIC I (athe “REMIC I Regular Interests”). Each REMIC I Regular Interest shall have an initial principal balance equal to the Scheduled Principal Balance of the Mortgage Loan to which it relates and shall bear interest at a per annum rate equal to the Net Mortgage Rate of such Mortgage Loan. In the event a Qualified Substitute Mortgage Loan is substituted for such Mortgage Loan (the “Original Mortgage Loan”), no amount of interest payable on such Qualified Substitute Mortgage Loan shall be distributed on such REMIC I Regular Interest at a rate in excess of the Net Mortgage Rate of the Original Mortgage Loan. On each Distribution Date the Trustee shall distribute the interest portion of the Available Distribution Amount (net of expenses described in the preceding paragraph) with respect to each of the Lower Tier Interests in REMIC I based on the above-described interest rates. On each Distribution Date, the Certificate Administrator Trustee shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the principal portion of the Available Distribution Amount among the Lower Tier Interests in REMIC I in accordance with the amount of the principal attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, each the Mortgage Loan (including corresponding to each REO such Lower Tier Interests in REMIC I. All losses on the Mortgage Loan)Loans shall be allocated among the Lower Tier Interests in REMIC I in the same manner that principal distributions are allocated. On each Distribution Date, the Trustee shall distribute Soft Prepayment Penalties and Hard Prepayment Penalties in respect of the Mortgage Loans collected during the preceding Prepayment Period and payable to pay any the Class 1-A7 and all Distributable Class 1-A8 Certificates to the Lower Tier Interest in REMIC I corresponding to the Mortgage Loan with respect to which such amounts were received. On each Distribution Date, the Corresponding Trustee shall first pay or charge as an expense of REMIC I Regular Interest all expenses of the Trust Fund for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding . REMIC I Regular Interest, until the REMIC I Principal Amount thereof is reduced to zero; and
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time II shall hold as all Distributable Interest with respect to assets the REMIC I Regular Interests. REMIC II shall issue the several classes of uncertificated REMIC II Interests has been paidset out below. Each such REMIC II Interest, other than the Class R-2 Interest, is hereby designated as a regular interest in REMIC I Principal Amounts of all of II. The following table specifies the REMIC I Regular Interests have been reduced to zeroClass designation, interest rate, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to principal amount for each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest II Interests: LTII-1-A4 7.00% (and correspondingly11) 1-A4, to the applicable Exchangeable Certificates1-A3, 1-A5, 1-A7, 1-A8 LTII-1-A6 0.00% (11) on any Distribution Date pursuant to Section 6.101-A6 LTII-2-A1 7.00% (11) 2-A1, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan 2-A3 LTII-2-A2 0.00% (including an REO Mortgage Loan11) as to which such Prepayment Premium was received.2-A2 LTII-2-A4 6.00% (11) 2-A4 LTII-2-A5 6.00% (11) 2-A5 LTII-2-A6 6.00% (11) 2-A6 LTII-2-A7 6.00% (11) 2-A7 LTII-3-A1 (1) (11) 3-A1 LTII-4-A1 7.00% (11) 4-A1, 4-A2 LTII-4-A3 0.00% (11) 4-A3 LTII-4-A4 6.00% (11) 4-A4 LTII-5-A1 7.00% (11) 5-A1, 5-A2, 5-A3 LTII-5-A4 0.00% (11) 5-A4 LTII-5-A5 6.50% (11) 5-A5 LTII-6-A1 7.00% (11) 6-A1, 6-A2 LTII-6-A3 7.00% (11) 6-A3 LTII-AP1 0.00% (11) AP1 LTII-AX1 (2) (2) AX1 LTII-AP2 0.00% (11) AP2 LTII-AX2 (3) (3) AX2 LTII-1-AR (1) (11) R LTII-1-GSA (4) (12) Collateral Group 1 LTII-1-Pool (4) (13) Collateral Group 1 LTII-2-GSA (5) (12) Collateral Group 2 LTII-2-Pool (5) (13) Collateral Group 2 LTII-3-GSA (6) (12) Collateral Group 3 LTII-3-Pool (6) (13) Collateral Group 3 LTII-4-GSA (7) (12) Collateral Group 4 LTII-4-Pool (7) (13) Collateral Group 4 LTII-5-GSA (8) (12) Collateral Group 5 LTII-5-Pool (8) (13) Collateral Group 5 LTII-6-GSA (9) (12) Collateral Group 6 LTII-6-Pool (9) (13) Collateral Group 6 R-2 (10) (10) N/A
Appears in 1 contract
REMIC I. (a) On each Distribution Date, the Certificate Administrator Paying Agent shall be deemed to distribute (with a credit for an amount equal to any Class A-4FL Net Swap Payment or Class A-MFL Net Swap Payment, as applicable, that was deemed distributed by the Paying Agent to the Master Servicer's Class A-4FL Floating Rate Account or the Master Servicer's Class A-MFL Floating Rate Account on the immediately preceding Master Servicer Remittance Date pursuant to Section 8.31(b) or Section 8.32(b), as applicable, to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the portion of the Available Distribution Amount attributable to interest (other than any Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, to each Mortgage Loan (including or related REO Property, Distributable Certificate Interest to each REO Mortgage Loan), to pay any and all Distributable Interest with respect to the Corresponding REMIC I Regular Interest for such Distribution DateInterest;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each or related REO Mortgage Loan)Property, to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the REMIC I Principal Amount Certificate Balance thereof is reduced to zero; and;
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each other than Excess Interest) or related REO Mortgage Loan)Property, to reimburse, first, reimburse any unreimbursed Collateral Support Deficits Realized Losses previously allocated to the Corresponding REMIC I Regular InterestInterests, together with unpaid plus cxlvi interest thereon on such Realized Losses at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits previously allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).thereto; and
(biv) At thereafter, to the Class R-I Certificateholders at such time as all Distributable Interest with respect to the REMIC I Regular Interests has been paid, the REMIC I Principal Amounts Certificate Balance of all Classes of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits Realized Losses (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay reimbursed to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest Regular Interests, any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan or(other than any Excess Interest) or related REO Property, to the extent of the Trust’s 's interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest (and correspondingly, to the applicable Exchangeable Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan (including an REO Mortgage Loan) as to which such Prepayment Premium was received.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2006-Hq10)
REMIC I. REMIC I shall issue one uncertificated interest in respect of each Mortgage Loan held by the Trust on the Closing Date, each of which is hereby designated as a regular interest in REMIC I (athe “REMIC I Regular Interests”). Each REMIC I Regular Interest shall have an initial principal balance equal to the Scheduled Principal Balance of the Mortgage Loan to which it relates and shall bear interest at a per annum rate equal to the Net Mortgage Rate of such Mortgage Loan. In the event a Qualified Substitute Mortgage Loan is substituted for such Mortgage Loan (the “Original Mortgage Loan”), no amount of interest payable on such Qualified Substitute Mortgage Loan shall be distributed on such REMIC I Regular Interest at a rate in excess of the Net Mortgage Rate of the Original Mortgage Loan. On each Distribution Date the Trustee shall distribute the interest portion of the Available Distribution Amount (net of expenses described in the preceding paragraph) with respect to each of the Lower Tier Interests in REMIC I based on the above-described interest rates. On each Distribution Date, the Certificate Administrator Trustee shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the principal portion of the Available Distribution Amount among the Lower Tier Interests in REMIC I in accordance with the amount of the principal attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, each the Mortgage Loan (including corresponding to each REO such Lower Tier Interests in REMIC I. All losses on the Mortgage Loan)Loans shall be allocated among the Lower Tier Interests in REMIC I in the same manner that principal distributions are allocated. On each Distribution Date, the Trustee shall distribute Soft Prepayment Penalties and Hard Prepayment Penalties in respect of the Mortgage Loans collected during the preceding Prepayment Period and payable to pay any the Class 12-A6 and all Distributable Class 12-A7 Certificates to the Lower Tier Interest in REMIC I corresponding to the Mortgage Loan with respect to which such amounts were received. On each Distribution Date, the Corresponding Trustee shall first pay or charge as an expense of REMIC I Regular Interest all expenses of the Trust Fund for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding . REMIC I Regular Interest, until the REMIC I Principal Amount thereof is reduced to zero; and
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time II shall hold as all Distributable Interest with respect to assets the REMIC I Regular Interests. REMIC II shall issue the several classes of uncertificated REMIC II Interests has been paidset out below. Each such REMIC II Interest, other than the Class R-2 Interest, is hereby designated as a regular interest in REMIC I Principal Amounts of all of II. The following table specifies the REMIC I Regular Interests have been reduced to zeroClass designation, interest rate, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to principal amount for each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest II Interests: LTII-1-A1 5.75% (and correspondingly18) 1-A1, to the applicable Exchangeable Certificates1-A7 LTII-1-A3 5.75% (18) on any Distribution Date pursuant to Section 6.101-A3 LTII-1-A4 5.75% (18) 1-A4 LTII-1-A6 5.75% (18) 1-A6 LTII-1-A8 5.75% (18) 1-A8 LTII-1-A9 5.75% (18) 1-A9, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan 1-A7 LTII-1-A10 5.75% (including an REO Mortgage Loan18) as to which such Prepayment Premium was received.1-A10 LTII-1-A11 5.75% (18) 1-A11 LTII-1-A12 5.75% (18) 1-A12 LTII-2-A3 7.00% (18) 2-A3, 2-A2 LTII-2-A4 7.00% (18) 2-A4, 2-A2 LTII-3-A1 5.00% (18) 3-A1, 3-A6 LTII-3-A2 5.00% (18) 3-A2 LTII-3-A5 5.00% (18) 3-A5 LTII-3-A7 5.00% (18) 3-A7 LTII-3-A8 5.00% (18) 3-A8 LTII-3-A9 5.00% (18) 3-A9 LTII-3-A10 5.00% (18) 3-A10 LTII-4-A2 7.00% (18) 4-A2, 4-A5 LTII-4-A4 0.00% (18) 4-A4 LTII-5-A1 7.00% (18) 5-A1, 5-A2 LTII-7-A4 7.50% (18) 7-A4, 7-A2 LTII-7-A5 7.50% (18) 7-A5, 7-A2 LTII-8-A4 8.00% (18) 8-A4, 8-A2 LTII-8-A5 8.00% (18) 8-A5, 8-A2 LTII-9-A2 6.00% (18) 9-A2 LTII-9-A3 6.00% (18) 9-A3 LTII-10-A4 6.75% (18) 10-A4, 10-A2 LTII-10-A5 6.75% (18) 10-A5, 10-A2 LTII-11-A1 (1) (18) 11-A1 LTII-11-A2 (1) (18) 11-A2 LTII-12-A4 7.50% (18) 12-A4, 12-A2, 12-A3, 12-A6, 12-A7, 12-A8 LTII-12-A5 7.50% (18) 12-A5, 12-A2, 12-A3, 12-A6, 12-A7, 12-A8 LTII-PO1 0.00% (18) PX0 XXXX-XX0 (2) (2) AX1 LTII-AP2 0.00% (18) AP2 LTII-AX2 (3) (3) AX2 LTII-AP3 0.00% (18) AP3 LTII-AX3 (4) (4) AX3 LTII-1-AR (1) (18) R LTII-PO1-GSA (5) (19) N/A LTII-PO1-Pool (5) (20) N/A LTII-1-GSA (6) (19) N/A LTII-1-Pool (6) (20) N/A LTII-2-GSA (7) (19) N/A LTII-2-Pool (7) (20) N/A LTII-3-GSA (8) (19) N/A LTII-3-Pool (8) (20) N/A LTII-4-GSA (9) (19) N/A LTII-4-Pool (9) (20) N/A LTII-5-GSA (10) (19) N/A LTII-5-Pool (10) (20) N/A LTII-7-GSA (11) (19) N/A LTII-7-Pool (11) (20) N/A LTII-8-GSA (12) (19) N/A LTII-8-Pool (12) (20) N/A LTII-9-GSA (13) (19) N/A LTII-9-Pool (13) (20) N/A LTII-10-GSA (14) (19) N/A LTII-10-Pool (14) (20) N/A LTII-11-GSA (15) (19) N/A LTII-11-Pool (15) (20) N/A LTII-12-GSA (16) (19) N/A LTII-12-Pool (16) (20) N/A R-2 (17) (17) N/A
Appears in 1 contract
REMIC I. REMIC I shall issue one uncertificated interest in respect of each Mortgage Loan held by the Trust on the Closing Date, each of which is hereby designated as a regular interest in REMIC I (athe “REMIC I Regular Interests”). Each REMIC I Regular Interest shall have an initial principal balance equal to the Scheduled Principal Balance of the Mortgage Loan to which it relates and shall bear interest at a per annum rate equal to the Net Mortgage Rate of such Mortgage Loan. In the event a Qualified Substitute Mortgage Loan is substituted for such Mortgage Loan (the “Original Mortgage Loan”), no amount of interest payable on such Qualified Substitute Mortgage Loan shall be distributed on such REMIC I Regular Interest at a rate in excess of the Net Mortgage Rate of the Original Mortgage Loan. On each Distribution Date the Trustee shall distribute the interest portion of the Available Distribution Amount (net of expenses described in the preceding paragraph) with respect to each of the Lower Tier Interests in REMIC I based on the above-described interest rates. On each Distribution Date, the Certificate Administrator Trustee shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the principal portion of the Available Distribution Amount among the Lower Tier Interests in REMIC I in accordance with the amount of the principal attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, each the Mortgage Loan (including corresponding to each REO such Lower Tier Interests in REMIC I. All losses on the Mortgage Loan), to pay any and all Distributable Interest with respect to Loans shall be allocated among the Corresponding Lower Tier Interests in REMIC I Regular Interest in the same manner that principal distributions are allocated. On each Distribution Date, the Trustee shall first pay or charge as an expense of REMIC I all expenses of the Trust Fund for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding . REMIC I Regular Interest, until the REMIC I Principal Amount thereof is reduced to zero; and
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time II shall hold as all Distributable Interest with respect to assets the REMIC I Regular Interests. REMIC II shall issue the several classes of uncertificated REMIC II Interests has been paidset out below. Each such REMIC II Interest, other than the Class R-2 Interest, is hereby designated as a regular interest in REMIC I Principal Amounts of all of II. The following table specifies the REMIC I Regular Interests have been reduced to zeroClass designation, interest rate, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to principal amount for each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest II Interests: LTII-1-A3 7.00% (and correspondingly4) 1-A3, to the applicable Exchangeable Certificates1-A2, 1-A5, 1-A6 LTII-1-A4 7.00% (4) on any Distribution Date pursuant to Section 6.101-A4, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan 1-A2, 1-A5, 1-A6 LTII-2-A1 0.00% (including an REO Mortgage Loan4) as to which such Prepayment Premium was received.2-A1 LTII-1-AR 7.00% (4) R LTII-1-GSA (1) $ 80,433.15 N/A LTII-1-Pool (1) $ 7,962,881.49 N/A LTII-2-GSA (2) $ 13,537.49 N/A LTII-2-Pool (2) $ 1,340,211.33 N/A R-2 (3) (3) N/A
Appears in 1 contract
REMIC I. (a) On each Distribution Date, the Certificate Administrator Trustee shall be deemed to distribute apply the Available Distribution Amount (excluding any amounts attributable to itself on behalf of the Trustee, Prepayment Premiums) as holder of the REMIC I Regular Interests, is attributable to each Mortgage Loan for such date for the following purposes and in the following order of priority:
(i) from the portion to pay interest to REMIC II in respect of the Available Distribution Amount attributable each REMIC I Regular Interest, up to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect an amount equal to, and any Excess Liquidation Proceeds attributable topro rata in accordance with, each Mortgage Loan (including each REO Mortgage Loan), to pay any and all Uncertificated Distributable Interest with respect (excluding amounts attributable to the Corresponding Prepayment Premiums) for each such REMIC I Regular Interest for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with to REMIC II in respect to the Corresponding of each REMIC I Regular Interest, until up to an amount equal to, and pro rata in accordance with, the excess, if any, of the Uncertificated Principal Balance of such REMIC I Regular Interest outstanding immediately prior to such Distribution Date, over the Stated Principal Balance of the related Mortgage Loan (including without limitation an REO Mortgage Loan or, if applicable, a Qualifying Substitute Mortgage Loan) that will be outstanding immediately following such Distribution Date;
(iii) to reimburse REMIC II for any Realized Losses and Expense Losses previously deemed allocated to the various REMIC I Regular Interests (with interest), up to an amount equal to, and pro rata in accordance with, the Loss Reimbursement Amount thereof is reduced to zerofor each such REMIC I Regular Interest for such Distribution Date; and
(iiiiv) from any remaining amount to the Holders of the Class R-I Certificates that portion, if any, of the Available Distribution Amount (other than Excess Interestexcluding amounts attributable to Prepayment Premiums) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the for such date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time as all Distributable Interest with respect to the REMIC I Regular Interests that has not otherwise been paid, the REMIC I Principal Amounts of all of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest (and correspondingly, to the applicable Exchangeable Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I paid to REMIC II in respect of the Corresponding REMIC I Regular Interests pursuant to this Section 6.2(a).
(b) On each Distribution Date, the Trustee shall be deemed to apply each Prepayment Premium then on deposit in the Distribution Account and received during or prior to the related Collection Period, to pay additional interest to REMIC II in respect of the REMIC I Regular Interest for that relates to the Mortgage Loan (including without limitation an REO Mortgage Loan or, if applicable, a Replacement Mortgage Loan) as to which such Prepayment Premium was received.
(c) All amounts (other than additional interest in the form of Prepayment Premiums) deemed paid to REMIC II in respect of the REMIC I Regular Interests pursuant to this Section 6.2 on any Distribution Date is herein referred to as the "REMIC II Distribution Amount" for such date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc)
REMIC I. (a) On each Distribution Date, the Certificate Administrator Paying Agent shall be deemed to distribute (with a credit for an amount equal to any Net Swap Payment that was deemed distributed by the Paying Agent to the applicable Master Servicer's Floating Rate Account on the immediately preceding Master Servicer Remittance Date pursuant to Section 8.31(b)) to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the portion of the Available Distribution Amount attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, to each Mortgage Loan (including or related REO Property, Distributable Certificate Interest to each REO Mortgage Loan), to pay any and all Distributable Interest with respect to the Corresponding REMIC I Regular Interest for such Distribution DateInterest;
(ii) from the portion of the Available Distribution Amount Amount, attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each or related REO Mortgage Loan)Property, to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the REMIC I Principal Amount Certificate Balance thereof is reduced to zero; and;
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds funds with respect to each Mortgage Loan (including each or related REO Mortgage Loan)Property, to reimburse, first, reimburse any unreimbursed Collateral Support Deficits Realized Losses previously allocated to the Corresponding REMIC I Regular InterestInterests, together with unpaid plus interest thereon on such Realized Losses at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits previously allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).thereto; and
(biv) At thereafter, to the Class R-I Certificateholders, at such time as all Distributable Interest with respect to the REMIC I Regular Interests has been paid, the REMIC I Principal Amounts Certificate Balance of all Classes of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) Realized Losses previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay reimbursed to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest Regular Interests, any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan oror related REO Property, to the extent of the Trust’s 's interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest (and correspondingly, to the applicable Exchangeable Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan (including an REO Mortgage Loan) as to which such Prepayment Premium was received.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2007-Iq16)
REMIC I. (a) On each Distribution Date, the Certificate Administrator Trustee shall be deemed to distribute to itself on behalf of apply the Trustee, as holder of the REMIC I Regular Interests, Available Distribution Amount for such date for the following purposes and in the following order of priority:
(i) from the portion to pay interest to REMIC II in respect of the Available Distribution Amount attributable various REMIC I Regular Interests, up to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect an amount equal to, and any Excess Liquidation Proceeds attributable topro rata in accordance with, each Mortgage Loan (including each REO Mortgage Loan), to pay any and all Uncertificated Distributable Interest with respect to the Corresponding for each such REMIC I Regular Interest for such Distribution Date;
(ii) from the portion to pay principal to REMIC II in respect of the Available Distribution Amount attributable various REMIC I Regular Interests, up to principal collected or advanced or deemed collected or advanced on or with respect to an amount equal to, and pro rata in accordance with, in the case of each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the excess, if any, of the Uncertificated Principal Balance of such REMIC I Regular Interest outstanding immediately prior to such Distribution Date, over the Stated Principal Amount thereof is reduced to zeroBalance of the related Mortgage Loan (including without limitation an REO Mortgage Loan or, if applicable, a Replacement Mortgage Loan), that will be outstanding immediately following such Distribution Date; and
(iii) from to reimburse REMIC II for any remaining amount of the Available Distribution Amount (other than Excess Interest) Realized Losses and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits Expense Losses previously deemed allocated to the Corresponding various REMIC I Regular Interest, together Interests (with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocationinterest), up to an amount equal to, and thenpro rata in accordance with, any unreimbursed Collateral Support Deficits allocated to any other the Loss Reimbursement Amount for each such REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation)Interest for such Distribution Date.
(b) At such time as all Distributable Interest with respect to the REMIC I Regular Interests has been paidOn each Distribution Date, the REMIC I Principal Amounts of all of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator Trustee shall pay to the Holders of the Class R R-I Certificates with respect to the REMIC I Residual Interest any amounts that portion, if any, of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest (and correspondingly, to the applicable Exchangeable Certificates) on any Distribution Date pursuant to Section 6.10, shall be for such date that has not otherwise been deemed to have first been distributed from REMIC I paid to REMIC II in respect of the Corresponding REMIC I Regular Interests pursuant to Section 6.1(a).
(c) On each Distribution Date, the Trustee shall be deemed to apply each Prepayment Premium then on deposit in the Distribution Account and received during or prior to the related Collection Period, to pay additional interest to REMIC II in respect of the REMIC I Regular Interest for that relates to the Mortgage Loan (including without limitation an REO Mortgage Loan or, if applicable, a Replacement Mortgage Loan) as to which such Prepayment Premium was received.
(d) All amounts (other than additional interest in the form of Prepayment Premiums) deemed paid to REMIC II in respect of the REMIC I Regular Interests pursuant to this Section 6.2 on any Distribution Date is herein referred to as the "REMIC II Distribution Amount" for such date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc)
REMIC I. (a) On each Distribution Date, the Certificate Administrator Trustee shall be deemed to distribute to itself apply the Available Distribution Amount for such date (from amounts on behalf of the Trustee, as holder of deposit in the REMIC I Regular Interests, Distribution Subaccount on such date) for the following purposes and in the following order of priority:
(i) from the portion to pay interest to REMIC II in respect of the Available Distribution Amount attributable various REMIC I Regular Interests, up to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect an amount equal to, and any Excess Liquidation Proceeds attributable topro rata in accordance with, each Mortgage Loan (including each REO Mortgage Loan), to pay any and all Uncertificated Distributable Interest with respect (excluding amounts attributable to the Corresponding Prepayment Premiums) for each such REMIC I Regular Interest for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the REMIC I Principal Amount thereof is reduced to zero; and
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time as all Distributable Interest with respect to the REMIC I Regular Interests has been paid, the REMIC I Principal Amounts of all of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest (and correspondingly, to the applicable Exchangeable Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding various REMIC I Regular Interests, up to an amount equal to, and pro rata in accordance with, in the case of each such REMIC I Regular Interest, the excess, if any, of the Uncertificated Principal Balance of such REMIC I Regular Interest outstanding immediately prior to such Distribution Date, over the Stated Principal Balance of the related REMIC Mortgage Loan (including without limitation an REO Mortgage Loan or, if applicable, a Qualifying Substitute Mortgage Loan), that will be outstanding immediately following such Distribution Date;
(iii) to reimburse REMIC II for any Realized Losses and Expense Losses previously deemed allocated to the various REMIC I Regular Interests (with interest), up to an amount equal to, and pro rata in accordance with, the Loss Reimbursement Amount for each such REMIC I Regular Interest for such Distribution Date; and
(iv) to the Holders of the Residual Certificates representing the Class R-I Interests that portion, if any, of the Available Distribution Amount (excluding amounts attributable to Prepayment Premiums) for such date that has not otherwise been deemed paid to REMIC II in respect of the REMIC I Regular Interests pursuant to Section 6.2(a).
(b) On each Distribution Date, the Trustee shall be deemed to apply each Prepayment Premium then on deposit in the Distribution Account and received during or prior to the related Collection Period in the REMIC Collection Subaccount, to pay additional interest to REMIC II in respect of the REMIC I Regular Interest that relates to the REMIC Mortgage Loan (including without limitation an REO Mortgage Loan or, if applicable, a Qualifying Substitute Mortgage Loan) as to which such Prepayment Premium was received.
(c) All amounts (other than additional interest in the form of Prepayment Premiums) deemed paid to REMIC II in respect of the REMIC I Regular Interests pursuant to this Section 6.2 on any Distribution Date is herein referred to as the "REMIC II Distribution Amount" for such date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc)
REMIC I. REMIC I shall issue one uncertificated interest in respect of each Mortgage Loan held by the Trust on the Closing Date, each of which is hereby designated as a regular interest in REMIC I (athe “REMIC I Regular Interests”). Each REMIC I Regular Interest shall have an initial principal balance equal to the Scheduled Principal Balance of the Mortgage Loan to which it relates and shall bear interest at a per annum rate equal to the Net Mortgage Rate of such Mortgage Loan. In the event a Qualified Substitute Mortgage Loan is substituted for such Mortgage Loan (the “Original Mortgage Loan”), no amount of interest payable on such Qualified Substitute Mortgage Loan shall be distributed on such REMIC I Regular Interest at a rate in excess of the Net Mortgage Rate of the Original Mortgage Loan. On each Distribution Date the Trustee shall distribute the interest portion of the Available Distribution Amount (net of expenses described in the preceding paragraph) with respect to each of the Lower Tier Interests in REMIC I based on the above-described interest rates. On each Distribution Date, the Certificate Administrator Trustee shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the principal portion of the Available Distribution Amount among the Lower Tier Interests in REMIC I in accordance with the amount of the principal attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, each the Mortgage Loan (including corresponding to each REO such Lower Tier Interests in REMIC I. All losses on the Mortgage Loan)Loans shall be allocated among the Lower Tier Interests in REMIC I in the same manner that principal distributions are allocated. On each Distribution Date, the Trustee shall distribute the Prepayment Penalty Amounts collected during the preceding Prepayment Period, in the case of Principal Prepayments in full, or during the related Due Period, in the case of Principal Prepayments in part, to pay any and all Distributable the Lower Tier Interest in REMIC I corresponding to the Mortgage Loan with respect to which such amounts were received. On each Distribution Date, the Corresponding Trustee shall first pay or charge as an expense of REMIC I Regular Interest all expenses of the Trust Fund for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the REMIC I Principal Amount thereof is reduced to zero; and
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time as all Distributable Interest with respect to the REMIC I Regular Interests has been paid, the REMIC I Principal Amounts of all of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest (and correspondingly, to the applicable Exchangeable Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan (including an REO Mortgage Loan) as to which such Prepayment Premium was received.
Appears in 1 contract
REMIC I. REMIC I shall issue one uncertificated interest in respect of each Mortgage Loan held by the Trust on the Closing Date, each of which is hereby designated as a regular interest in REMIC I (athe “REMIC I Regular Interests”). Each REMIC I Regular Interest shall have an initial principal balance equal to the Scheduled Principal Balance of the Mortgage Loan to which it relates and shall bear interest at a per annum rate equal to the Net Mortgage Rate of such Mortgage Loan. In the event a Qualified Substitute Mortgage Loan is substituted for such Mortgage Loan (the “Original Mortgage Loan”), no amount of interest payable on such Qualified Substitute Mortgage Loan shall be distributed on such REMIC I Regular Interest at a rate in excess of the Net Mortgage Rate of the Original Mortgage Loan. On each Distribution Date the Trustee shall distribute the interest portion of the Available Distribution Amount (net of expenses described in the preceding paragraph) with respect to each of the Lower Tier Interests in REMIC I based on the above-described interest rates. On each Distribution Date, the Certificate Administrator Trustee shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the principal portion of the Available Distribution Amount among the Lower Tier Interests in REMIC I in accordance with the amount of the principal attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, each the Mortgage Loan (including corresponding to each REO such Lower Tier Interests in REMIC I. All losses on the Mortgage Loan)Loans shall be allocated among the Lower Tier Interests in REMIC I in the same manner that principal distributions are allocated. On each Distribution Date, the Trustee shall distribute the Prepayment Penalty Amounts collected in respect of the Mortgage Loans during the preceding Prepayment Period, in the case of Principal Prepayments in full, or during the related Due Period, in the case of Principal Prepayments in part, to pay any and all Distributable the Lower Tier Interest in REMIC I corresponding to the Mortgage Loan with respect to which such amounts were received. On each Distribution Date, the Corresponding Trustee shall first pay or charge as an expense of REMIC I Regular Interest all expenses of the Trust Fund for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the REMIC I Principal Amount thereof is reduced to zero; and
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time as all Distributable Interest with respect to the REMIC I Regular Interests has been paid, the REMIC I Principal Amounts of all of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest (and correspondingly, to the applicable Exchangeable Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan (including an REO Mortgage Loan) as to which such Prepayment Premium was received.
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REMIC I. REMIC I shall issue one uncertificated interest in respect of each Mortgage Loan held by the Trust on the Closing Date, each of which is hereby designated as a regular interest in REMIC I (athe “REMIC I Regular Interests”). Each REMIC I Regular Interest shall have an initial principal balance equal to the Scheduled Principal Balance of the Mortgage Loan to which it relates and shall bear interest at a per annum rate equal to the Net Mortgage Rate of such Mortgage Loan. In the event a Qualified Substitute Mortgage Loan is substituted for such Mortgage Loan (the “Original Mortgage Loan”), no amount of interest payable on such Qualified Substitute Mortgage Loan shall be distributed on such REMIC I Regular Interest at a rate in excess of the Net Mortgage Rate of the Original Mortgage Loan. On each Distribution Date the Trustee shall distribute the interest portion of the Available Distribution Amount (net of expenses described in the preceding paragraph) with respect to each of the Lower Tier Interests in REMIC I based on the above-described interest rates. On each Distribution Date, the Certificate Administrator Trustee shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the principal portion of the Available Distribution Amount among the Lower Tier Interests in REMIC I in accordance with the amount of the principal attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, each the Mortgage Loan (including corresponding to each REO such Lower Tier Interests in REMIC I. All losses on the Mortgage Loan), to pay any and all Distributable Interest with respect to Loans shall be allocated among the Corresponding Lower Tier Interests in REMIC I Regular Interest in the same manner that principal distributions are allocated. On each Distribution Date, the Trustee shall first pay or charge as an expense of REMIC I all expenses of the Trust Fund for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding . REMIC I Regular Interest, until the REMIC I Principal Amount thereof is reduced to zero; and
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time II shall hold as all Distributable Interest with respect to assets the REMIC I Regular Interests. REMIC II shall issue the several classes of uncertificated REMIC II Interests has been paidset out below. Each such REMIC II Interest, other than the Class R-2 Interest, is hereby designated as a regular interest in REMIC I Principal Amounts of all of II. The following table specifies the REMIC I Regular Interests have been reduced to zeroClass designation, interest rate, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to principal amount for each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest II Interests: LTII-1-A1 6.00 % (and correspondingly, to the applicable Exchangeable Certificates10 ) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan 1-A1 LTII-1-A2 6.00 % (including an REO Mortgage Loan10 ) as to which such Prepayment Premium was received.1-A2 LTII-2-A1 6.50 % (10 ) 2-A1 LTII-2-A2 6.50 % (10 ) 2-A2 LTII-2-A3 6.50 % (10 ) 2-A3 LTII-2-A4 6.50 % (10 ) 2-A4 LTII-2-A5 6.50 % (10 ) 2-A5 LTII-2-A6 6.50 % (10 ) 2-A6 LTII-3-A1 7.25 % (10 ) 3-A1 LTII-3-A2 7.25 % (10 ) 3-A2 LTII-4-A1 6.50 % (10 ) 4-A1 LTII-4-A2 6.50 % (10 ) 4-A2 LTII-AP1 0.00 % (10 ) AP1 LTII-AP2 0.00 % (10 ) AP2 LTII-AX1 (2 ) (2 ) AX1 LTII-AX2 (3 ) (3 ) AX2 LTII-1-AR (1 ) (10 ) R LTII-1-GSA (4 ) (11 ) Collateral Group 1 LTII-1-Pool (4 ) (12 ) Collateral Group 1 LTII-2A-GSA (5 ) (11 ) Collateral Group 2A LTII-2A-Pool (5 ) (12 ) Collateral Group 2A LTII-2B-GSA (6 ) (11 ) Collateral Group 2B LTII-2B-Pool (6 ) (12 ) Collateral Group 2B LTII-3-GSA (7 ) (11 ) Collateral Group 3 LTII-3-Pool (7 ) (12 ) Collateral Group 3 LTII-4-GSA (8 ) (11 ) Collateral Group 4 LTII-4-Pool (8 ) (12 ) Collateral Group 4 R-2 (9 ) (9 ) N/A
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REMIC I. REMIC I shall issue one uncertificated interest in respect of each Mortgage Loan held by the Trust on the Closing Date, each of which is hereby designated as a regular interest in REMIC I (athe “REMIC I Regular Interests”). Each REMIC I Regular Interest shall have an initial principal balance equal to the Scheduled Principal Balance of the Mortgage Loan to which it relates and shall bear interest at a per annum rate equal to the Net Mortgage Rate of such Mortgage Loan. In the event a Qualified Substitute Mortgage Loan is substituted for such Mortgage Loan (the “Original Mortgage Loan”), no amount of interest payable on such Qualified Substitute Mortgage Loan shall be distributed on such REMIC I Regular Interest at a rate in excess of the Net Mortgage Rate of the Original Mortgage Loan. On each Distribution Date the Trustee shall distribute the interest portion of the Available Distribution Amount (net of expenses described in the preceding paragraph) with respect to each of the Lower Tier Interests in REMIC I based on the above-described interest rates. On each Distribution Date, the Certificate Administrator Trustee shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the principal portion of the Available Distribution Amount among the Lower Tier Interests in REMIC I in accordance with the amount of the principal attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, each the Mortgage Loan (including corresponding to each REO such Lower Tier Interests in REMIC I. All losses on the Mortgage Loan), to pay any and all Distributable Interest with respect to Loans shall be allocated among the Corresponding Lower Tier Interests in REMIC I Regular Interest in the same manner that principal distributions are allocated. On each Distribution Date, the Trustee shall first pay or charge as an expense of REMIC I all expenses of the Trust Fund for such Distribution Date;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each REO Mortgage Loan), to pay such principal with respect to the Corresponding . REMIC I Regular Interest, until the II REMIC I Principal Amount thereof is reduced to zero; and
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds with respect to each Mortgage Loan (including each REO Mortgage Loan), to reimburse, first, any unreimbursed Collateral Support Deficits previously allocated to the Corresponding REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).
(b) At such time II shall hold as all Distributable Interest with respect to assets the REMIC I Regular Interests. REMIC II shall issue the several classes of uncertificated REMIC II Interests has been paidset out below. Each such REMIC II Interest, other than the Class R-2 Interest, is hereby designated as a regular interest in REMIC I Principal Amounts of all of II. The following table specifies the REMIC I Regular Interests have been reduced to zeroClass designation, interest rate, and all Collateral Support Deficits (including interest thereon) previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to principal amount for each Mortgage Loan or, to the extent of the Trust’s interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular II Interests: REMIC II Class Designation Interest Rate Initial Class Principal Amount Corresponding Class of Certificates or XX XXXXX III Regular Interest Collateral Group LTII-1-A1 6.00% (and correspondingly5) 1-A1 LTII-1-A2 6.00% (5) 1-A2 LTII-2-A2 6.50% (5) 2-A2 LTII-2-A3 6.50% (5) 2-A3 LTII-2-A4 7.00% (5) 2-A4, to the applicable Exchangeable Certificates2-A7 LTII-2-A6 0.00% (5) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to 2-A6 REMIC II in respect Class Designation Interest Rate Initial Class Principal Amount Corresponding Class of the Corresponding REMIC I Regular Interest for the Mortgage Loan Certificates or Collateral Group LTII-AP 0.00% (including an REO Mortgage Loan5) as to which such Prepayment Premium was received.AP LTII-AX (1) (1) AX LTII-1-AR 6.00% (5) R LTII-1-GSA (2) (6) Collateral Group 1 LTII-1-Pool (2) (7) Collateral Group 1 LTII-2-GSA (3) (6) Collateral Group 2 LTII-2-Pool (3) (7) Collateral Group 2 R-2 (4) (4) N/A
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REMIC I. (a) On each Distribution Date, the Certificate Administrator Paying Agent shall be deemed to distribute to itself on behalf of the Trustee, as holder of the REMIC I Regular Interests, for the following purposes and in the following order of priority:
(i) from the portion of the Available Distribution Amount attributable to interest (other than Excess Interest) collected or advanced or deemed collected or advanced on or with respect to, and any Excess Liquidation Proceeds attributable to, to each Mortgage Loan (including or related REO Property, Distributable Certificate Interest to each REO Mortgage Loan), to pay any and all Distributable Interest with respect to the Corresponding REMIC I Regular Interest for such Distribution DateInterest;
(ii) from the portion of the Available Distribution Amount attributable to principal collected or advanced or deemed collected or advanced on or with respect to each Mortgage Loan (including each or related REO Mortgage Loan)Property, to pay such principal with respect to the Corresponding REMIC I Regular Interest, until the REMIC I Principal Amount Certificate Balance thereof is reduced to zero; and;
(iii) from any remaining amount of the Available Distribution Amount (other than Excess Interest) and any remaining Excess Liquidation Proceeds funds with respect to each Mortgage Loan (including each other than Excess Interest) or related REO Mortgage Loan)Property, to reimburse, first, reimburse any unreimbursed Collateral Support Deficits Realized Losses previously allocated to the Corresponding REMIC I Regular InterestInterests, together with unpaid plus interest thereon on such Realized Losses at the related REMIC I Net Mortgage Rate (in each case from the date of allocation), and then, any unreimbursed Collateral Support Deficits previously allocated to any other REMIC I Regular Interest, together with unpaid interest thereon at the related REMIC I Net Mortgage Rate (in each case from the date of allocation).thereto; and
(biv) At thereafter, to the Class R-I Certificateholders at such time as all Distributable Interest with respect to the REMIC I Regular Interests has been paid, the REMIC I Principal Amounts Certificate Balance of all Classes of the REMIC I Regular Interests have been reduced to zero, and all Collateral Support Deficits (including interest thereon) Realized Losses previously allocated thereto to the REMIC I Regular Interests have been reimbursed, the Certificate Administrator shall pay reimbursed to the Holders of the Class R Certificates with respect to the REMIC I Residual Interest Regular Interests, any amounts of the Available Distribution Amount (other than Excess Interest) remaining with respect to each Mortgage Loan or(other than Excess Interest) or related REO Property, to the extent of the Trust’s 's interest therein, the related REO Property.
(c) Any Prepayment Premium distributed with respect to any Class of REMIC III Regular Certificates or XX XXXXX III Regular Interest (and correspondingly, to the applicable Exchangeable Certificates) on any Distribution Date pursuant to Section 6.10, shall be deemed to have first been distributed from REMIC I to REMIC II in respect of the Corresponding REMIC I Regular Interest for the Mortgage Loan (including an REO Mortgage Loan) as to which such Prepayment Premium was received.
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Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2005-Hq7)