Common use of Reports to Certificateholders Clause in Contracts

Reports to Certificateholders. (a) On each Distribution Date, the Trustee shall prepare (based solely on information provided by the Master Servicer, the Cap Counterparty or the Swap Counterparty) and shall make available to the Certificateholders, the Certificate Insurer, any NIMS Insurer, the Cap Counterparty and the Swap Counterparty a written report, which may be in electronic form (the “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers). (i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates (other than the Class 2-AIO, Class 3-A3-3 and Class 3-AIO Certificates), to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal; (ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof; (iii) the amount, if any, of any distributions to the Holders of the Class 1-P, Class 2-P, Class 3-P, Class I-X, Class II-X, Class I-LT-R, Class II-LT-R, Class I-R and Class II-R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the 1-P, Class 2-P, Class 3-P, Class I-X, Class II-X, Class I-LT-R, Class II-LT-R, Class I-R and Class II-R Certificates on all Distribution Dates, stated separately; (iv) the amount, if any, of distributions to the I-CX Component, the I-SX Component, the I-XS Component, the II-CX Component and the II-XS Component on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions on the I-CX Component, the I-SX Component, the I-XS Component, the II-CX Component and the II-XS Component on all Distribution Dates, stated separately; (v) (A) by Mortgage Pool and in the aggregate, the aggregate amount of any Advances required to be made with respect to the related Collection Period by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above; (vi) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above; (vii) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Pool 1-2 Applied Loss Amounts and the Pool 3 Applied Loss Amounts; (viii) the amount of any Prepayment Premiums distributed to the Class P Components of the Class 1-P, Class 2-P and Class 3-P Certificates; (ix) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date; (x) by Mortgage Pool and in the aggregate, the amount of the Servicing Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates; (xi) by Mortgage Pool and in the aggregate, the number and Aggregate Loan Balance of the Mortgage Loans, as reported to the Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties (the information in this item (xi) to be calculated using the OTS delinquency method); (xii) by Mortgage Pool and in the aggregate, the aggregate Scheduled Principal Balance of any Mortgage Loans with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs; (xiii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan; (xiv) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date; (xv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates (with a notation if such Certificate Interest Rate reflects the application of the applicable Net Funds Cap); (xvi) With respect to each Pool, the Interest Remittance Amount and the Principal Remittance Amount with respect to each Mortgage Pool and the Pool 1-2 Senior Principal Distribution Amount, the Pool 3 Senior Principal Distribution Amount, the Pool 1-2 Aggregate Overcollateralization Release Amount and the Pool 3 Overcollateralization Release Amount applicable to such Distribution Date; (xvii) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed); (xviii) the Pool 1-2 Aggregate Overcollateralization Amount (based on the Pool 1-2 Percentage) and the Pool 3 Overcollateralization Amount after giving effect to the distributions made on such Distribution Date; (xix) the amount of any Pool 1-2 Overcollateralization Deficiency or the Pool 3 Overcollateralization Deficiency after giving effect to the distributions made in such Distribution Date; (xx) the aggregate amount of any insurance claim payments received with respect to any Bulk Policy during the related Collection Period; (xxi) the level of LIBOR and the Certificate Interest Rate of each of the LIBOR Certificates for such Distribution Date; (xxii) the amount of the monthly Certificate Insurance Premium (and the Aggregate Certificate Insurance Premium if different) due to the Certificate Insurer on the related Distribution Date and the amount of any Insured Amounts paid in respect of the Insured Distributions to the Insured Certificates paid out of the Policy Payment Account under the Certificate Insurance Policy and any Reimbursement Amounts paid to the Certificate Insurer; (xxiii) the amount of any payments made by the Cap Counterparty to the Group I Cap Account pursuant to the Group I Cap Agreement or to the Class 3-A1 Cap Account pursuant to the Class 3-A1 Cap Agreement; (xxiv) the amount of any Net Swap Payment or Swap Termination Payment to the Group I Swap Account made pursuant to Section 5A.02 or Section 5B.02, as applicable, or any Net Swap Payment or Swap Termination Payment to the Swap Counterparty made pursuant to Section 5A.02 and 5B.02 in accordance with the Group I Swap Agreement; (xxv) the amount of any FPD Premiums, if any, for such Distribution Date; and (xxvi) whether a Pool 1-2 Trigger Event or Pool 3 Trigger Event is in effect for that Distribution Date. In addition to the information listed above, for every year in which the Depositor is subject to Exchange Act reporting with respect to the Certificates, such Distribution Date Statement shall also include such other information as is required by Item 1121 (§ 229.1121) of Regulation AB to the extent that the Trustee shall have received any such information from the Depositor, the Sponsor, the Master Servicer, the Servicers, the Custodians, the Swap Counterparty, the Cap Counterparty or any Subservicer or Subcontractor therefor, as applicable, no later than four Business Days prior to the Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vii) above, the amounts shall (except with respect to the Class I-X and Class II-X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC I Regular Interests or the Pooling REMIC II Regular Interests, the information required by subclauses (i), (iii), (v), (viii), (ix), (x), (xi), (xii), (xiii), (xvi), (xix), (xxi), (xxii) and (xxiii) (and in the case of the Class I-LT-R and Class II-LT-R Certificates, subclause (iii)) shall be provided to the Holder of the Class I-LT-R and/or Class II-LT-R Certificates and the LTURI-holder of the applicable Pooling REMIC Regular Interests. The Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to Certificateholders, the Certificate Insurer, any NIMS Insurer and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “xxx.xxxxxxxx.xxx”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (000) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail upon request. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Trustee based solely on Mortgage Loan data provided to the Trustee by the Master Servicer (in a format agreed to by the Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four (4) Business Days prior to the Distribution Date, and on the information provided to the Trustee by the Swap Counterparty and the Cap Counterparty. In preparing or furnishing the foregoing information to the Certificateholders, the Certificate Insurer and any NIMS Insurer, the Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans (including any First Payment Default Mortgage Loans) and the related REO Property that has been provided to the Master Servicer by each Servicer and to the Trustee by the Master Servicer, (ii) regarding the Group I Swap Agreement, that has been provided to the Trustee by the Swap Counterparty, (iii) regarding the Group I Cap Agreement, that has been provided to the Trustee by the Cap Counterparty and (iv) regarding the Class 3-A1 Cap Agreement, that has been provided to the Trustee by the Cap Counterparty, and the Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by each Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Paying Agent (if other than the Trustee) by the Trustee no later than 12:00 p.m. Eastern Time two Business Days prior to the Distribution Date. (b) Upon the reasonable advance written request of any Certificateholder that is a savings and loan, bank or insurance company or the Certificate Insurer (which request, if received by the Trustee shall be promptly forwarded to the Master Servicer), the Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer, the Certificate Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer, the Certificate Insurer and such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Master Servicer shall be entitled to be reimbursed by such Certificateholder or the Certificate Insurer, as applicable, for the actual expenses incurred in providing such reports and access. (c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall, upon written request, prepare and make available to any NIMS Insurer each Person who at any time during the calendar year was a Certificateholder of record, and to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Section 4.03(a)(i) and (ii) on an annual basis as may be required to enable such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund. The Trustee shall be deemed to have satisfied this requirement if it makes available such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports to the extent reasonably available (and the Trustee may rely solely upon such information). (d) The Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall, to the extent reasonably available, furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer, to the extent reasonably available, shall provide the Trustee with such information as is necessary for the Trustee to comply with the foregoing. (e) So long as not prohibited by applicable law, the Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor's request, any and all loan-level information that the Depositor may request in any format reasonably requested by the Depositor.

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust 2007-6)

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Reports to Certificateholders. (a) On each Distribution Date, the Trustee shall prepare (based solely on information provided by the Master Servicer, the Cap Counterparty or the Swap Counterparty) and shall make available to the Certificateholders, the Certificate Insurer, any NIMS Insurer, the Cap Counterparty Insurer and the Swap Counterparty a written report, which may be in electronic form report (the “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers). (i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates (Offered Certificates, other than the any Class 2-AIO, Class 3-A3-3 and Class 3-AIO of Notional Certificates), to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal; (ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates allocable to interest and the calculation thereof; (iii) the amount, if any, of any distributions to the Holders of the Class C, Class 1-P, Class 2-P, Class 3-P, Class I1-X, Class II2-X, Class IC-X, Class S-X, Class LT-RR-1, Class II-LT-RR-2, Class I-R R-1 and Class II-R R-2 Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class C, Class 1-P, Class 2-P, Class 3-P, Class I1-X, Class II2-X, Class IC-X, Class S-X, Class LT-RR-1, Class II-LT-RR-2, Class I-R R-1 and Class II-R R-2 Certificates on all Distribution Dates, stated separately; (iv) the amount, if any, of distributions to the I-CX Component, the I-SX Component, the I-XS Component, the II-CX Component and the II-XS Component on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions on the I-CX Component, the I-SX Component, the I-XS Component, the II-CX Component and the II-XS Component on all Distribution Dates, stated separately; (v) (A) by Mortgage Pool and in the aggregate, the aggregate amount of any Advances required to be made with respect to the related Collection Period by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above; (viv) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above; (viivi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Pool 1-1 Applied Loss Amounts and/or Pool 2 Applied Loss Amounts and the Pool 3 Applied Loss Amounts, as applicable; (viii) the amount of any Prepayment Premiums distributed to the Class P Components of the Class 1-P, Class 2-P and Class 3-P Certificates; (ixvii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date; (xviii) by Mortgage Pool and in the aggregate, the amount of the Servicing Fees and PMI Insurance Premiums Premiums, if applicable to such Mortgage Pool, paid during the Collection Period to which such distribution relates; (xiix) by Mortgage Pool and in the aggregate, the number and Aggregate Loan aggregate Scheduled Principal Balance of the Mortgage Loans, as reported to the Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties (the information in this item (xi) to be calculated using the OTS delinquency method)Properties; (xiix) by Mortgage Pool and in the aggregate, the aggregate Scheduled Principal Balance of any Mortgage Loans with respect to which the related Mortgaged Mortgage Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs; (xiiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan; (xivxii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date; (xvxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates (with a notation if such Certificate Interest Rate reflects the application of the applicable Net Funds Cap); (xvixiv) With respect to each Pool, the Interest Remittance Amount and the Principal Remittance Amount with respect to each Mortgage Pool and the Pool 1-1 Senior Principal Distribution Amount, Pool 2 Senior Principal Distribution Amount, the Pool 3 Senior Principal Distribution Amount, the Pool 1-2 Aggregate 1 Overcollateralization Release Amount and the Pool 3 2 Overcollateralization Release Amount applicable to such Distribution Date; (xviixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed); (xviiixvi) the Pool 1-2 Aggregate 1 Overcollateralization Amount (based on the and Pool 1-2 Percentage) and the Pool 3 Overcollateralization Amount after giving effect to the distributions made on such Distribution Date; (xixxvii) the amount of any Pool 1-2 1 Overcollateralization Deficiency or the and Pool 3 2 Overcollateralization Deficiency after giving effect to the distributions made in such Distribution Date; (xviii) the level of LIBOR and the Certificate Interest Rate of each of the LIBOR Certificates; (xix) the amount of any payments made by the Cap Counterparty to the Trust Fund under the Class Group 1 Cap Agreement; (xx) each of (1) the aggregate amount of any insurance claim payments received with respect to any Bulk PMI Policy during the related Collection Period, (2) the amount of any insurance premium and other amounts paid to MGIC and PMI under the related Bulk PMI Policy and the related purpose of such payments, (3) the amount of claims denied under each Bulk PMI Policy; and (4) the remaining amount of coverage under each Bulk PMI Policy; (xxi) the level of LIBOR and the Certificate Interest Rate of each of the LIBOR Certificates for such Distribution Date; (xxii) the amount of the monthly Certificate Insurance Premium (and the Aggregate Certificate Insurance Premium Premium, if different) due to the Certificate Insurer on the related Distribution Date and the amount of any Insured Amounts Payments paid in respect of the Insured Guaranteed Distributions to the Insured Class WF-3-1, Class WF-4-1 and Class WF-6-1 Certificates paid out of the Policy Payment Account Payments Accounts under the Certificate Insurance Policy and any Reimbursement Amounts paid to the Certificate Insurer;Policy. (xxiii) the amount of any payments made by the Cap Counterparty to the Group I Cap Account pursuant to the Group I Cap Agreement or to the Class 3-A1 Cap Account pursuant to the Class 3-A1 Cap Agreement; (xxivxxii) the amount of any Net Swap Payment or to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Group I Swap Account Supplemental Interest Trust made pursuant to Section 5A.02 or Section 5B.02, as applicable, or Sections 5.02 and any Net Swap Payment or Swap Termination Payment to the Swap Counterparty made pursuant to Section 5A.02 and 5B.02 in accordance with the Group I Swap Agreement; (xxv) the amount of any FPD Premiums, if any, for such Distribution Date; and (xxvi) whether a Pool 1-2 Trigger Event or Pool 3 Trigger Event is in effect for that Distribution Date5.02. In addition to the information listed above, for every year in which the Depositor is subject to Exchange Act reporting with respect to the Certificates, such Distribution Date Statement shall also include such other information as is required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB to the extent that the Trustee shall have received any such information from the DepositorAB, the Sponsorother than those data elements specified in Item 1121(a)(11), the Master Servicer, the Servicers, the Custodians, the Swap Counterparty, the Cap Counterparty or any Subservicer or Subcontractor therefor, as applicable, no later than four Business Days prior to the Distribution Date(12) and (14). In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (viivi) above, the amounts shall (except with respect to the Class I1-X, Class 2-X, Class C-X and Class IIS-X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC I 1 Regular Interests or the Pooling REMIC II 2 Regular Interests, the information required by subclauses (i), (iiiii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xvi), (xix), (xxi), (xxii) and (xxiiixv) (and in the case of the Class I-LT-R R-1 and Class II-LT-R R-2 Certificates, subclause (iii)) shall be provided to the Holder of the Class I-LT-R R-1 and/or Class II-LT-R R-2 Certificates and the LTURI-holder of the applicable Pooling REMIC Regular Interests. The Trustee shall will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to Certificateholders, the Certificate Insurer, any NIMS Insurer and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “xxx.xxxxxxxx.xxxxxx.xx.xxxxxxxxxx.xxx”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (000) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail upon requestby calling the customer service desk and indicating such or notifying the Trustee at Citibank, N.A., 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Agency and Trust—Xxxxxx XS Trust Service 2006-17. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Trustee based solely on Mortgage Loan data provided to the Trustee by the Master Servicer (in a format agreed to by the Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four (4) Business Days prior to the Distribution Date, and on the information provided to the Trustee by the Swap Counterparty and the Cap Counterparty. In preparing or furnishing the foregoing information to the Certificateholders, the Certificate Insurer and any NIMS Insurerinformation, the Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans (including any First Payment Default Mortgage Loans) and the related REO Property that has been provided to the Master Servicer by each Servicer and to the Trustee by the Master Servicer, Servicer and (ii) regarding the Group I Swap Agreement, that has been provided to the Trustee by the Swap Counterparty, (iii) regarding the Group I Cap Agreement, that has been provided to the Trustee by the Cap Counterparty and (iv) regarding the Class 3-A1 Cap Agreement, that has been provided to the Trustee by the Cap Counterparty, and the Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by each Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Paying Agent (if other than the Trustee) by the Trustee no later than 12:00 p.m. Eastern Time two Business Days prior to the Distribution Date. (b) Upon the reasonable advance written request of any Certificateholder that is a savings and loan, bank or insurance company company, or the Certificate Insurer (which request, if received by the Trustee shall will be promptly forwarded to the Master Servicer), the Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer, the Certificate Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer, the Certificate Insurer and such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Master Servicer Trustee shall be entitled to be reimbursed by such Certificateholder or the Certificate Insurer, as applicable, for the actual expenses incurred in providing such reports and access. (c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall, upon written request, prepare and make available to any NIMS Insurer each Person who at any time during the calendar year was a Certificateholder of record, and to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Section 4.03(a)(i) and (ii) on an annual basis as may be required to enable such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund. The Trustee shall be deemed to have satisfied this requirement if it makes available such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports to the extent reasonably available (and the Trustee may rely solely upon such information)reports. (d) The Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall, to the extent reasonably available, shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer, to the extent reasonably available, Servicer shall provide the Trustee with such information as is necessary for the Trustee to comply with the foregoing. (e) So long as not prohibited by applicable law, the Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor's request, any and all loan-level information that the Depositor may request in any format reasonably requested by the Depositor.

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust 2006-17)

Reports to Certificateholders. (a) On each Distribution Date, the Trustee shall prepare (based solely on information provided by the Master Servicer, the Cap Counterparty or the Swap Counterparty) and shall make available to the Certificateholders, the Certificate Insurer, Certificateholders and any NIMS Insurer, the Cap Counterparty and the Swap Counterparty Insurer a written report, which may be in electronic form (the “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicer). (i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates (other than the Class 21-AIO, Class 3-A3-3 AIO1 and Class 3-AIO AIO2 Certificates), to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal; (ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than the Class 1-APO Certificates, allocable to interest and the calculation thereof; (iii) the amount, if any, of any distributions to the Holders of the Class 1I-P, Class 2-P, Class 3II-P, Class I-X, Class II-X, Class I-LT-R, Class II-LT-R, Class I-R and Class II-R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the 1Class I-P, Class 2-P, Class 3II-P, Class I-X, Class II-X, Class I-LT-R, Class II-LT-R, Class I-R and Class II-R Certificates on all Distribution Dates, stated separately; (iv) the amount, if any, of distributions to the I-CX Component, the I-SX Component, the I-XS Component, the II-CX Component and the II-XS Component on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions on the I-CX Component, the I-SX Component, the I-XS Component, the II-CX Component and the II-XS Component on all Distribution Dates, stated separately; (v) (A) by Mortgage Pool and in the aggregate, the aggregate amount of any Advances required to be made with respect to the related Collection Period by or on behalf of the Servicers Servicer (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above; (viv) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above; (viivi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Pool 1-2 Applied Loss Amounts and the Pool 3 Applied Loss Amounts; (viiivii) the amount of any Prepayment Premiums distributed to the Class P Components of the Class 1-P, Class 2I-P and Class 3II-P Certificates; (ixviii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date; (xix) by Mortgage Pool and in the aggregate, the amount of the Servicing Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates; (xix) by Mortgage Pool and in the aggregate, the number and Aggregate Loan Balance of the Mortgage Loans, as reported to the Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties (the information in this item (xi) to be calculated using the OTS delinquency method); (xiixi) by Mortgage Pool and in the aggregate, the aggregate Scheduled Principal Balance of any Mortgage Loans with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs; (xiiixii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan; (xivxiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date; (xvxiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates (with a notation if such Certificate Interest Rate reflects the application of the applicable Net Funds Cap); (xvixv) With respect to each Pool, the Group I Interest Remittance Amount and the Group I Principal Remittance Amount with respect to each Mortgage Pool and the Pool 1-2 Senior Principal Distribution Amount, the Pool 3 Senior Principal Distribution Amount, the Pool 1-2 Aggregate Overcollateralization Release Amount and the Pool 3 Overcollateralization Release Amount applicable to such Distribution Date; (xviixvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed); (xviiixvii) the Pool 1-2 Aggregate Overcollateralization Amount (based on the Pool 1-2 Percentage) and the Pool 3 Overcollateralization Amount after giving effect to the distributions made on such Distribution Date; (xixxviii) the amount of any Pool 1-2 Overcollateralization Deficiency or the Pool 3 Overcollateralization Deficiency after giving effect to the distributions made in such Distribution Date; (xx) the aggregate amount of any insurance claim payments received with respect to any Bulk Policy during the related Collection Period; (xxi) the level of LIBOR and the Certificate Interest Rate of each of the LIBOR Certificates for such Distribution Date; (xxii) the amount of the monthly Certificate Insurance Premium (and the Aggregate Certificate Insurance Premium if different) due to the Certificate Insurer on the related Distribution Date and the amount of any Insured Amounts paid in respect of the Insured Distributions to the Insured Certificates paid out of the Policy Payment Account under the Certificate Insurance Policy and any Reimbursement Amounts paid to the Certificate Insurer; (xxiii) the amount of any payments made by the Cap Counterparty to the Group I Cap Account pursuant to the Group I Cap Agreement or to the Class 3-A1 Cap Account pursuant to the Class 3-A1 Cap Agreement; (xxiv) the amount of any Net Swap Payment or Swap Termination Payment to the Group I Swap Account made pursuant to Section 5A.02 or Section 5B.02, as applicable, or any Net Swap Payment or Swap Termination Payment to the Swap Counterparty made pursuant to Section 5A.02 and 5B.02 in accordance with the Group I Swap Agreement; (xxvxix) the amount of any FPD Premiums, if any, for such Distribution Date; and; (xxvixx) whether a Pool 1-2 Trigger Event or Pool 3 Trigger Event is in effect for that Distribution Date; and (xxi) a statement as to whether any exchanges of Exchangeable Certificates or Exchange Certificates have taken place since the preceding Distribution Date, and, if applicable, the certificate names, certificate balances, including notional balances, certificate interest rates. In addition to the information listed above, for every year in which the Depositor is subject to Exchange Act reporting with respect to the Certificates, such Distribution Date Statement shall also include such other information as is required by Item 1121 (§ 229.1121) of Regulation AB to the extent that the Trustee shall have received any such information from the Depositor, the Sponsor, the Master Servicer, the ServicersServicer, the Custodians, the Swap Counterparty, the Cap Counterparty Custodians or any Subservicer or Subcontractor therefor, as applicable, no later than four Business Days prior to the Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vii) above, the amounts shall (except with respect to the Class I-X and Class II-X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC I 1 Regular Interests or the Pooling REMIC II 2 Regular Interests, the information required by subclauses (i), (iii), (v), (viii), (ix), (x), (xi), (xii), (xiii), (xvi), (xix), (xxi), (xxii) and (xxiii) (and in the case of the Class I-LT-R and Class II-LT-R Certificates, subclause (iii)) shall be provided to the Holder of the Class I-LT-R and/or Class II-LT-R Certificates and the LTURI-holder of the applicable Pooling REMIC Regular Interests. The Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to Certificateholders, the Certificate Insurer, any NIMS Insurer and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “xxx.xxxxxxxx.xxx”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (000) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail upon request. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Trustee based solely on Mortgage Loan data provided to the Trustee by the Master Servicer (in a format agreed to by the Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four (4) Business Days prior to the Distribution Date, and on the information provided to the Trustee by the Swap Counterparty and the Cap Counterparty. In preparing or furnishing the foregoing information to the Certificateholders, the Certificate Insurer Certificateholders and any NIMS Insurer, the Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans (including any First Payment Default Mortgage Loans) and the related REO Property that has been provided to the Master Servicer by each the Servicer and to the Trustee by the Master Servicer, (ii) regarding the Group I Swap Agreement, that has been provided to the Trustee by the Swap Counterparty, (iii) regarding the Group I Cap Agreement, that has been provided to the Trustee by the Cap Counterparty and (iv) regarding the Class 3-A1 Cap Agreement, that has been provided to the Trustee by the Cap Counterparty, and the Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by each the Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Paying Agent (if other than the Trustee) by the Trustee no later than 12:00 p.m. Eastern Time two Business Days prior to the Distribution Date. (b) Upon the reasonable advance written request of any Certificateholder that is a savings and loan, bank or insurance company or the Certificate Insurer (company, which request, if received by the Trustee shall be promptly forwarded to the Master Servicer), the Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a the Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such the Servicer, and provide) to any NIMS Insurer, the Certificate Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer, the Certificate Insurer and such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Trustee and the Master Servicer shall be entitled to be reimbursed by such Certificateholder or the Certificate Insurer, as applicable, for the actual expenses incurred in providing such reports and access. (c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall, upon written request, prepare and make available to any NIMS Insurer each Person who at any time during the calendar year was a Certificateholder of record, and to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Section 4.03(a)(i) and (ii) on an annual basis as may be required to enable such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund. The Trustee shall be deemed to have satisfied this requirement if it makes available such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports to the extent reasonably available (and the Trustee may rely solely upon such information). (d) The Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall, to the extent reasonably available, furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer, to the extent reasonably available, shall provide the Trustee with such information as is necessary for the Trustee to comply with the foregoing. (e) So long as not prohibited by applicable law, the Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor's request, any and all loan-level information that the Depositor may request in any format reasonably requested by the Depositor.

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust 2007-5h)

Reports to Certificateholders. (a) On each Distribution Date, the Trustee shall prepare (to the extent based solely on information provided by the Master Servicer, the Cap Counterparty Providers or the Swap Counterparty, based on such information) and shall make available to the Certificateholders, the Swap Counterparty, the Certificate Insurer, Insurer and any NIMS Insurer, the Cap Counterparty and the Swap Counterparty Insurer a written report, which may be in electronic form (the “Distribution Date Statement”) report setting forth the following information by Mortgage Pool (on the basis of Mortgage Loan level information obtained from the ServicersServicers and in the case of clauses (xviii)., (xx) and (xxii) below, based on information provided by the Trustee (or the Paying Agent on behalf of the Trustee): (i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Group I and Group II Certificates (other than the Class 2-AIO, Class 3-A3-3 and Class 3-AIO Certificates), to the extent applicable, allocable to principal on the Mortgage Loans, including any Subsequent Recovery, Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool; (ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Group I and Group II Certificates allocable to interest and the calculation thereof; (iii) the amount, if any, of any distributions to the Holders of the Class 1C-PI, Class C-II, Class AP-I, Class 2-PAP, Class 3-PAP, Class X-I, Class X-II (including the X-I Component, the X-II Component, the C-X-I Component, Class IIthe C-X-II Component, Class Ithe S-LTX-R, Class III Component and the S-LTX-R, Class I-R II Component) and Class II-R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the 1Class C-PI, Class 2C-PII, Class 3X-PI, Class IX-II (including the X-I Component, the X-II Component, the C-X-I Component, Class IIthe C-X-II Component, Class Ithe S-LTX-R, Class III Component and the S-LTX-R, Class I-R II Component) and Class II-R Certificates on all Distribution Dates, stated separately; (iv) the amount, if any, of distributions to the I-CX Component, the I-SX Component, the I-XS Component, the II-CX Component and the II-XS Component on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions on the I-CX Component, the I-SX Component, the I-XS Component, the II-CX Component and the II-XS Component on all Distribution Dates, stated separately; (v) (A) by Mortgage Pool and in the aggregate, aggregate (A) the aggregate amount of any Advances required to be made with respect to the related Collection Period by or on behalf as of the Servicers (end of the month immediately preceding the month in which such Distribution Date occurs by a Servicer or the Master ServicerServicer (or by the Trustee as successor master servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above; (viv) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above; (viivi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Pool 1-2 1 Applied Loss Amounts and the or Pool 2-3 Applied Loss Amounts, as applicable; (viii) the amount of any Prepayment Premiums distributed to the Class P Components of the Class 1-P, Class 2-P and Class 3-P Certificates; (ixvii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date; (xviii) by Mortgage Pool and in the aggregate, the amount of the Servicing Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates; (xiix) by Mortgage Pool and in the aggregate, the number and Aggregate Loan aggregate Scheduled Principal Balance of the Mortgage Loans, as reported to the Trustee by the Master Servicer, (a) remaining outstanding outstanding, (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties (the information in this item (xi) to be calculated using utilizing the OTS ABS delinquency method); (xiix) by Mortgage Pool and in the aggregate, the aggregate Scheduled Principal Balance of any Mortgage Loans with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs; (xiiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan; (xivxii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date; (xvxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates (with a notation if such Certificate Interest Rate reflects the application of the applicable Net Funds Cap); (xvixiv) With respect to each Poolby Mortgage Pool and in the aggregate, the Interest Remittance Amount and Amount, the Principal Remittance Amount with respect to each Mortgage Pool and Amount, the Pool 1-2 Senior Principal Distribution Amount, the Pool 3 Senior Principal Distribution Amount, the Pool 1-2 Aggregate 1 Overcollateralization Release Amount and the Pool 2-3 Overcollateralization Release Amount applicable to such Distribution Date; (xviixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed); (xviiixvi) the Pool 1-2 Aggregate 1 Overcollateralization Amount (based on the and Pool 12-2 Percentage) and the Pool 3 Overcollateralization Amount after giving effect to the distributions made on such Distribution Date; (xixxvii) the amount of any Pool 1-2 1 Overcollateralization Deficiency or the and Pool 2-3 Overcollateralization Deficiency after giving effect to the distributions made in such Distribution Date; (xx) the aggregate amount of any insurance claim payments received with respect to any Bulk Policy during the related Collection Period; (xxixviii) the level of LIBOR and the Certificate Interest Rate of each of the LIBOR Certificates for such Distribution DateLIBOR; (xxiixix) the amount of any payments made to each Class of Certificates that are treated as payments received in respect of a REMIC I-2 Regular Interest or REMIC II-2 Regular Interest and the amount of any payments to each Class of Certificates that are not treated as payments received in respect of a REMIC I-2 Regular Interest or REMIC II-2 Regular Interest; (xx) the amount of the monthly Certificate Insurance Insurer Premium (and the Aggregate Certificate Insurance Insurer Premium if different) due to the Certificate Insurer on the related Distribution Date and the amount of any Insured Amounts paid in respect of the Insured Guaranteed Distributions to the Insured Guaranteed Certificates paid out of the Policy Payment Account under the Certificate Insurance Policy Policy; (xxi) a statement as to whether any exchanges of Exchangeable Certificates or Exchange Certificates have taken place since the preceding Distribution Date, and, if applicable, the Class of Certificates, certificate balances, including notional balances, certificate interest rates, and any Reimbursement Amounts paid interest and principal paid, including any shortfalls allocated, of any classes of certificates that were received by the Certificateholder as a result of such exchange; (xxii) the amount of any Net Swap Payment to the Certificate Insurer;Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02; and (xxiii) the amount of any payments made by the applicable Cap Counterparty to Provider under each Interest Rate Cap Agreement. In the Group I Cap Account case of information furnished pursuant to sub-clauses (i), (ii) and (viii) above, the Group I Cap Agreement or amounts shall (except with respect to the Class 3X-A1 Cap Account pursuant to the I and Class 3X-A1 Cap Agreement; (xxivII Certificates) the be expressed as a dollar amount per $1,000 of original principal amount of any Net Swap Payment or Swap Termination Payment to the Group I Swap Account made pursuant to Section 5A.02 or Section 5B.02, as applicable, or any Net Swap Payment or Swap Termination Payment to the Swap Counterparty made pursuant to Section 5A.02 and 5B.02 in accordance with the Group I Swap Agreement; (xxv) the amount of any FPD Premiums, if any, for such Distribution Date; and (xxvi) whether a Pool 1-2 Trigger Event or Pool 3 Trigger Event is in effect for that Distribution DateCertificates. In addition to the information listed above, above for every any year in which the Depositor is subject to Exchange Act reporting with respect to the Certificates, such Distribution Date Statement report shall also include such other information as is required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB to the extent that the Trustee shall have received any such information from the Depositor, the Sponsor, the Master Servicer, the Servicersany Servicer, the Custodians, the Swap CounterpartyCustodian, the Cap Counterparty Providers or any Subservicer or Subcontractor therefor, as applicable, no later than four Business Days prior to the Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vii) above, the amounts shall (except with respect to the Class I-X and Class II-X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC I Regular Interests or the Pooling REMIC II Regular Interests, the information required by subclauses (i), (iii), (v), (viii), (ix), (x), (xi), (xii), (xiii), (xvi), (xix), (xxi), (xxii) and (xxiii) (and in the case of the Class I-LT-R and Class II-LT-R Certificates, subclause (iii)) shall be provided to the Holder of the Class I-LT-R and/or Class II-LT-R Certificates and the LTURI-holder of the applicable Pooling REMIC Regular Interests. The Trustee shall will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to Certificateholders, the Certificate Insurer, any NIMS Insurer Insurer, and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “xxx.xxxxxxxx.xxx”. Assistance xxxx://xxxxxxxxxxxxxxxxxxxxxx.xxx and assistance in using the website can be obtained by calling emailing the Trustee’s customer service desk at (000) 000-0000xx.xxxxxxxxxxx.xxxxxxxx@xxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail upon requestby calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Trustee shall provide a “zero settlement file” to Bloomberg L.P. within seven (7) calendar days after the receipt of the collateral data file from the Depositor, but in no event later than the first Distribution Date, which shall contain all of the information in the initial Monthly Report (without giving effect to any distributions); provided, however, that in no event will such zero settlement file contain any mortgagor-specific information. The foregoing information and reports shall be prepared and determined by the Trustee based solely on Mortgage Loan data provided to the Trustee by the Master Servicer (in a format agreed to by the Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four (4) Business Days prior to the Distribution Date, and on the information provided to the Trustee by the Swap Counterparty and the Cap CounterpartyDate or such other time period as set forth in Section 9.23(c). In preparing or furnishing the foregoing information to the Certificateholders, the Certificate Insurer and any NIMS Insurerinformation, the Trustee shall be entitled to rely conclusively on the accuracy and completeness of the information or data (i) regarding the Mortgage Loans (including any First Early Payment Default Mortgage Loans) and the related REO Property that has been provided to the Master Servicer by each the Servicer and to the Trustee by the Master Servicer, (ii) regarding the Group I Swap Agreement, each Interest Rate Cap Agreement that has been provided to the Trustee by the Swap Counterparty, applicable Cap Providers and (iii) regarding the Group I Cap Agreement, each Swap Agreement that has been provided to the Trustee by the Cap Counterparty and (iv) regarding the Class 3-A1 Cap Agreement, that has been provided to the Trustee by the Cap applicable Swap Counterparty, and the Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors or omissions in such Mortgage Loan data. The Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by each Servicer and shall have no liability for any errors or omissions in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Paying Agent (if other than the Trustee) by the Trustee no later than 12:00 p.m. Eastern Time two Business Days prior to the Distribution Date. (b) Upon the reasonable advance written request of any Certificateholder that is a savings and loan, bank or insurance company or the Certificate Insurer (which request, if received by the Trustee shall will be promptly forwarded to the Master Servicer), the Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a the applicable Servicer under the applicable related Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer, the Certificate Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer, the Certificate Insurer and such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Master Servicer shall be entitled to be reimbursed by such Certificateholder or the Certificate Insurer, as applicable, for the actual expenses incurred in providing such reports and access. (c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall, upon written request, prepare have prepared and shall make available to any NIMS Insurer each Person who at any time during the calendar year was a Certificateholder of record, and to any NIMS Insurer, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Section 4.03(a)(i) and (ii) on an annual basis as may be required to enable such Holders to prepare their federal income tax returns; provided, however, however that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund. The Trustee shall be deemed to have satisfied this requirement if it makes available forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information (to the extent readily available to the Master Servicer) as is necessary for the Trustee to prepare such reports to the extent reasonably available (and the Trustee may rely solely upon such information)reports. (d) The Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall, to the extent reasonably available, shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer, to the extent reasonably available, Servicer shall provide the Trustee with such information (to the extent readily available to the Master Servicer) as is necessary for the Trustee to comply with the foregoing. (e) So long as not prohibited by applicable law, the Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor's request, any and all loan-level information that the Depositor may request in any format reasonably requested by the Depositor.

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust Series 2007-16n)

Reports to Certificateholders. (a) On each Distribution Date, the Trustee shall prepare (based solely on information provided by the Master Servicer, the Cap Counterparty or the Swap Counterparty) and shall make available to the Certificateholders, the Certificate Insurer, any NIMS Insurer, the Cap Counterparty Insurer and the Swap Counterparty a written report, which may be in electronic form (the “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers). (i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates (other than the Class 24A-AIO, Class 3-A3-3 AIO and Class 34B-AIO Certificates), to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal; (ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof; (iii) the amount, if any, of any distributions to the Holders of the Class 1-P, Class 2-P, Class 3-P, Class I1-X, Class II2-X, Class I3-X, Class 4-X, Class 1-LT-R, Class II2-LT-R , Class 3-LT-R, Class I4-LT-R, Class 1-R, Class 2-R, Class 3-R and Class II4-R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the 1-P, Class 2-P, Class 3-P, Class I1-X, Class II2-X, Class I3-X, Class 4-X, Class 1-LT-R, Class II2-LT-R , Class 3-LT-R, Class I4-LT-R, Class 1-R, Class 2-R, Class 3-R and Class II4-R Certificates on all Distribution Dates, stated separately; (iv) the amount, if any, of distributions to the I1-CX Component, the I1-SX Component, the I1-XS Component, the II2-CX Component, the 2-SX Component and the II2-XS Component on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions on the I1-CX Component, the I1-SX Component, the I1-XS Component, the II2-CX Component, the 2-SX Component and the II2-XS Component on all Distribution Dates, stated separately; (v) (A) by Mortgage Pool and in the aggregate, the aggregate amount of any Advances required to be made with respect to the related Collection Period by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above; (vi) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above; (vii) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Pool 1-1A-1B Applied Loss Amounts, the Pool 2 Applied Loss Amounts, the Pool 3A-3B Applied Loss Amounts and the Pool 3 4A-4B Applied Loss Amounts; (viii) the amount of any Prepayment Premiums distributed to the Class P Components of the Class 1-P, Class 2-P and Class 32-P Certificates; (ix) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date; (x) by Mortgage Pool and in the aggregate, the amount of the Servicing Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates; (xi) by Mortgage Pool and in the aggregate, the number and Aggregate Loan Balance of the Mortgage Loans, as reported to the Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties (the information in this item (xi) to be calculated using the OTS delinquency method); (xii) by Mortgage Pool and in the aggregate, the aggregate Scheduled Principal Balance of any Mortgage Loans with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs; (xiii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan; (xiv) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date; (xv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates (with a notation if such Certificate Interest Rate reflects the application of the applicable Net Funds Cap); (xvi) With respect to each Pool, the Interest Remittance Amount and the Principal Remittance Amount with respect to each Mortgage Pool and the Pool 1-1A-1B Senior Principal Distribution Amount, the Pool 2 Senior Principal Distribution Amount, the Pool 3 3A-3B Senior Principal Distribution Amount, the Pool 1-4A-4B Senior Principal Distribution Amount, the Pool 0X-0X Xxxxxxxxx Overcollateralization Release Amount, the Pool 2 Aggregate Overcollateralization Release Amount, the Pool 0X-0X Xxxxxxxxx Overcollateralization Release Amount and the Pool 3 0X-0X Xxxxxxxxx Overcollateralization Release Amount applicable to such Distribution Date; (xvii) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed); (xviii) the Pool 1-2 Aggregate 0X-0X Xxxxxxxxx Overcollateralization Amount (based on the Pool 1-1A-1B Percentage), the Pool 2 Overcollateralization Amount, the Pool 3A-3B Overcollateralization Amount (based on the Pool 3A-3B Percentage) and the Pool 3 4A-4B Overcollateralization Amount (based on the Pool 4A-4B Percentage) after giving effect to the distributions made on such Distribution Date; (xix) the amount of any Pool 1-1A-1B Overcollateralization Deficiency, the Pool 2 Overcollateralization Deficiency, the Pool 3A-3B Overcollateralization Deficiency or the Pool 3 4A-4B Overcollateralization Deficiency after giving effect to the distributions made in such Distribution Date; (xx) the aggregate amount of any insurance claim payments received with respect to any Bulk Policy during the related Collection Period; (xxi) the level of LIBOR and the Certificate Interest Rate of each of the LIBOR Certificates for such Distribution Date; (xxii) the amount of the monthly Certificate Insurance Premium (and the Aggregate Certificate Insurance Premium if different) due to the Certificate Insurer on the related Distribution Date and the amount of any Insured Amounts paid in respect of the Insured Distributions to the Insured Certificates paid out of the Policy Payment Account under the Certificate Insurance Policy and any Reimbursement Amounts paid to the Certificate Insurer; (xxiii) the amount of any payments made by the Cap Counterparty to the Group I 1 Cap Account pursuant to the Group I 1 Cap Agreement or to the Class 3-A1 Group 2 Cap Account pursuant to the Class 3-A1 Group 2 Cap Agreement; (xxivxxiii) the amount of any Net Swap Payment or Swap Termination Payment to the Group I 1 Swap Account or the Group 2 Swap Account made pursuant to Section 5A.02 or Section 5B.02, as applicable, or any Net Swap Payment or Swap Termination Payment to the Swap Counterparty made pursuant to Section 5A.02 and 5B.02 in accordance with the Group I 1 Swap Agreement and the Group 2 Swap Agreement, as applicable; (xxvxxiv) the amount of any FPD Premiums, if any, for such Distribution Date; and (xxvixxv) whether a Pool 1-2 Trigger 0X-0X Xxxxxxx Event, Pool 0 Xxxxxxx Xxxxx, Xxxx 0X-0X Xxxxxxx Event or Pool 3 Trigger 0X-0X Xxxxxxx Event is in effect for that Distribution Date. In addition to the information listed above, for every year in which the Depositor is subject to Exchange Act reporting with respect to the Certificates, such Distribution Date Statement shall also include such other information as is required by Item 1121 (§ 229.1121) of Regulation AB to the extent that the Trustee shall have received any such information from the Depositor, the Sponsor, the Master Servicer, the Servicers, the Custodians, the Swap Counterparty, the Cap Counterparty or any Subservicer or Subcontractor therefor, as applicable, no later than four Business Days prior to the Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vii) above, the amounts shall (except with respect to the Class I1-X, Class 2-X, Class 3-X and Class II4-X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC I 1 Regular Interests or the Pooling REMIC II 2 Regular Interests, the information required by subclauses (i), (iii), (v), (viii), (ix), (x), (xi), (xii), (xiii), (xvi), (xix), (xxi), (xxii) and (xxiii) (and in the case of the Class I1-LT-R, Class 2-LT-R, Class 3-LT-R and Class II4-LT-R Certificates, subclause (iii)) shall be provided to the Holder of the Class I1-LT-R, Class 2-LT-R, Class 3-LT-R and/or Class II4-LT-R Certificates and the LTURI-holder of the applicable Pooling REMIC Regular Interests. The Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to Certificateholders, the Certificate Insurer, any NIMS Insurer and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “xxx.xxxxxxxx.xxx”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (000) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail upon request. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Trustee based solely on Mortgage Loan data provided to the Trustee by the Master Servicer (in a format agreed to by the Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four (4) Business Days prior to the Distribution Date, and on the information provided to the Trustee by the Swap Counterparty and the Cap Counterparty. In preparing or furnishing the foregoing information to the Certificateholders, the Certificate Insurer Certificateholders and any NIMS Insurer, the Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans (including any First Payment Default Mortgage Loans) and the related REO Property that has been provided to the Master Servicer by each Servicer and to the Trustee by the Master Servicer, (ii) regarding the Group I 1 Swap Agreement, that has been provided to the Trustee by the Swap Counterparty, (iii) regarding the Group I 2 Swap Agreement, that has been provided to the Trustee by the Swap Counterparty, (iv) regarding the Group 1 Cap Agreement, that has been provided to the Trustee by the Cap Counterparty and (ivv) regarding the Class 3-A1 Group 2 Cap Agreement, that has been provided to the Trustee by the Cap Counterparty, and the Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by each Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Paying Agent (if other than the Trustee) by the Trustee no later than 12:00 p.m. Eastern Time two Business Days prior to the Distribution Date. (b) Upon the reasonable advance written request of any Certificateholder that is a savings and loan, bank or insurance company or the Certificate Insurer (company, which request, if received by the Trustee shall be promptly forwarded to the Master Servicer), the Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer, the Certificate Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer, the Certificate Insurer and such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Master Servicer Trustee shall be entitled to be reimbursed by such Certificateholder or the Certificate Insurer, as applicable, for the actual expenses incurred in providing such reports and access. (c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall, upon written request, prepare and make available to any NIMS Insurer each Person who at any time during the calendar year was a Certificateholder of record, and to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Section 4.03(a)(i) and (ii) on an annual basis as may be required to enable such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund. The Trustee shall be deemed to have satisfied this requirement if it makes available such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports to the extent reasonably available (and the Trustee may rely solely upon such information). (d) The Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall, to the extent reasonably available, furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer, to the extent reasonably available, shall provide the Trustee with such information as is necessary for the Trustee to comply with the foregoing. (e) So long as not prohibited by applicable law, the Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor's request, any and all loan-level information that the Depositor may request in any format reasonably requested by the Depositor.

Appears in 1 contract

Samples: Trust Agreement (LXS 2007-3)

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Reports to Certificateholders. (a) On each Distribution Date, the Trustee shall prepare (based solely on information provided by the Master Servicer, the Cap Counterparty or the Swap Counterparty) and shall make available to the Certificateholders, the Certificate Insurer, any NIMS Insurer, the Cap Counterparty Insurer and the Swap Counterparty a written report, which may be in electronic form (the “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers). (i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates (other than the Class 2-AIO, Class 3-A3-3 and Class 3-AIO Certificates), to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal; (ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof; (iii) the amount, if any, of any distributions to the Holders of the Class 1-P, Class 2-PX, Class 3-P, Class I-X, Class IILT-XR, Class I3-LT-R, Class II-LT-R, Class I-R and Class II3-R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the 1-Class P, Class 2-PX, Class 3-P, Class I-X, Class IILT-XR, Class I3-LT-R, Class II-LT-R, Class I-R and Class II3-R Certificates on all Distribution Dates, stated separately; (iv) the amount, if any, of distributions to on the IC-CX X Component, the IS-SX Component, the I-XS Component, the II-CX X Component and the II1-XS Component on such Distribution Date2-X Component, stated separately, and the aggregate amounts, if any, of distributions on the IC-CX X Component, the IS-SX Component, the I-XS Component, the II-CX X Component and the II1-XS 2-X Component on all Distribution Dates, stated separately; (v) (A) by Mortgage Pool and in the aggregate, the aggregate amount of any Advances required to be made with respect to the related Collection Period by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above; (vi) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above; (vii) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Pool 1-2 Applied Loss Amounts and the or Pool 3 Applied Loss Amounts; (viii) the amount of any Prepayment Premiums distributed to the Class P Components of the Class 1-P, Class 2-P and Class 3-P Certificates; (ix) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date; (x) by Mortgage Pool and in the aggregate, the amount of the Servicing Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates; (xi) by Mortgage Pool and in the aggregate, the number and Aggregate Loan Balance of the Mortgage Loans, as reported to the Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties (the information in this item (xi) to be calculated using the OTS delinquency method); (xii) by Mortgage Pool and in the aggregate, the aggregate Scheduled Principal Balance of any Mortgage Loans with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs; (xiii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan; (xiv) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date; (xv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates (with a notation if such Certificate Interest Rate reflects the application of the applicable Net Funds Cap); (xvi) With respect to each Pool, the Interest Remittance Amount and the Principal Remittance Amount with respect to each Mortgage Pool and the Pool 1-2 Senior Principal Distribution Amount, the Pool 3 Senior Principal Distribution Amount, the Pool 1-2 Aggregate Overcollateralization Release Amount Amount, and the Pool 3 Overcollateralization Release Amount applicable to such Distribution Date; (xvii) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed); (xviii) the Pool 1-2 Aggregate Overcollateralization Amount (based on the Pool 1-2 Percentage) and the Pool 3 Overcollateralization Amount after giving effect to the distributions made on such Distribution Date; (xix) the amount of any Pool 1-2 Overcollateralization Deficiency or and the Pool 3 Overcollateralization Deficiency after giving effect to the distributions made in such Distribution Date; (xx) the aggregate amount of any insurance claim payments received with respect to any Bulk Policy during the related Collection Period; (xxi) the level of LIBOR and the Certificate Interest Rate of each of the LIBOR Certificates for such Distribution Date; (xxii) the amount of any payments made by the monthly Certificate Insurance Premium (and the Aggregate Certificate Insurance Premium if different) due Cap Counterparty to the Certificate Insurer on the related Distribution Date and the amount of any Insured Amounts paid in respect of the Insured Distributions Cap Account pursuant to the Insured Certificates paid out of the Policy Payment Account under the Certificate Insurance Policy and any Reimbursement Amounts paid to the Certificate InsurerCap Agreement; (xxiii) the amount of any payments made by the Cap Counterparty to the Group I Cap Account pursuant to the Group I Cap Agreement or to the Class 3-A1 Cap Account pursuant to the Class 3-A1 Cap Agreement; (xxiv) the amount of any Net Swap Payment or Swap Termination Payment to the Group I Interest Rate Swap Account made pursuant to Section 5A.02 or Section 5B.025.07, as applicable, or any Net Swap Payment or to the Swap Counterparty made pursuant to Section 5.07, any Swap Termination Payment to the Interest Rate Swap Account made pursuant to Sections 5.07 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5A.02 and 5B.02 in accordance with the Group I Swap Agreement5.07; (xxvxxiv) the amount of any FPD Premiums, if any, for such Distribution Date; and (xxvixxv) whether a Pool 1-2 Trigger Event or Pool 3 Trigger Event is in effect for that Distribution Date. In addition to the information listed above, for every year in which the Depositor is subject to Exchange Act reporting with respect to the Certificates, such Distribution Date Statement shall also include such other information as is required by Item 1121 (§ 229.1121) of Regulation AB to the extent that the Trustee shall have received any such information from the Depositor, the Sponsor, the Master Servicer, the Servicers, the Custodians, the Swap Counterparty, the Cap Counterparty or any Subservicer or Subcontractor therefor, as applicable, no later than four Business Days prior to the Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vii) above, the amounts shall (except with respect to the Class I-X and Class II3-X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC I 1 Regular Interests or the Pooling REMIC II 2 Regular Interests, the information required by subclauses (i), (iii), (v), (viii), (ix), (x), (xi), (xii), (xiii), (xvi), (xix), (xxi), (xxii) and (xxiii) (and in the case of the Class I-LT-R and Class II3-LT-R Certificates, subclause (iii)) shall be provided to the Holder of the Class I-LT-R and/or Class II3-LT-R Certificates and the LTURI-holder of the applicable Pooling REMIC Regular Interests. The Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to Certificateholders, the Certificate Insurer, any NIMS Insurer and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “xxx.xxxxxxxx.xxxwxx.xxxxxxxx.xxx”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (000) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail upon request. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Trustee based solely on Mortgage Loan data provided to the Trustee by the Master Servicer (in a format agreed to by the Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four (4) Business Days prior to the Distribution Date, and on the information provided to the Trustee by the Swap Counterparty and the Cap Counterparty. In preparing or furnishing the foregoing information to the Certificateholders, the Certificate Insurer Certificateholders and any NIMS Insurer, the Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans (including any First Payment Default Mortgage Loans) and the related REO Property that has been provided to the Master Servicer by each Servicer and to the Trustee by the Master Servicer, (ii) regarding the Group I Swap Agreement, that has been provided to the Trustee by the Swap Counterparty, Counterparty and (iii) regarding the Group I Cap Agreement, that has been provided to the Trustee by the Cap Counterparty and (iv) regarding the Class 3-A1 Cap Agreement, that has been provided to the Trustee by the Cap Counterparty, and the Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by each Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Paying Agent (if other than the Trustee) by the Trustee no later than 12:00 p.m. Eastern Time two Business Days prior to the Distribution Date. (b) Upon the reasonable advance written request of any Certificateholder that is a savings and loan, bank or insurance company or the Certificate Insurer (company, which request, if received by the Trustee shall be promptly forwarded to the Master Servicer), the Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer, the Certificate Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer, the Certificate Insurer and such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Master Servicer Trustee shall be entitled to be reimbursed by such Certificateholder or the Certificate Insurer, as applicable, for the actual expenses incurred in providing such reports and access. (c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall, upon written request, prepare and make available to any NIMS Insurer each Person who at any time during the calendar year was a Certificateholder of record, and to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Section 4.03(a)(i) and (ii) on an annual basis as may be required to enable such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund. The Trustee shall be deemed to have satisfied this requirement if it makes available such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports to the extent reasonably available (and the Trustee may rely solely upon such information). (d) The Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall, to the extent reasonably available, furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer, to the extent reasonably available, shall provide the Trustee with such information as is necessary for the Trustee to comply with the foregoing. (e) So long as not prohibited by applicable law, the Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor's request, any and all loan-level information that the Depositor may request in any format reasonably requested by the Depositor.

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust 2007-1)

Reports to Certificateholders. (a) On each Distribution Date, the Trustee shall prepare (based solely on information provided by the Master Servicer, the Group 1 Cap Counterparty, Group 2 Cap Counterparty or the Swap Counterparty) and shall make available to the Certificateholders, the Certificate Insurer, any NIMS Insurer, the Cap Counterparty Insurer and the Swap Counterparty a written report, which may be in electronic form (the “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers). (i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates (Certificates, other than the any Class 2-AIO, Class 3-A3-3 and Class 3-AIO of Notional Certificates), to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal; (ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof; (iii) the amount, if any, of any distributions to the Holders of the Class 1-P, Class 2-P, Class 3-P, Class I1-X, Class II2-X, Class I1-LT-R, Class II2-LT-R, Class I1-R and Class II2-R Certificates Certificates, on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class 1-P, Class 2-P, Class 3-P, Class I1-X, Class II2-X, Class I1-LT-R, Class II2-LT-R, Class I1-R and Class II2-R Certificates on all Distribution Dates, stated separately; (iv) the amount, if any, of distributions to the I1-CX Component, the I1-SX Component, the I1-XS Component, the II2-CX Component and the II2-XS Component on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions on the I1-CX Component, the I1-SX Component, the I1-XS Component, the II2-CX Component and the II2-XS Component on all Distribution Dates, stated separately; (v) (A) by Mortgage Pool and in the aggregate, the aggregate amount of any Advances required to be made with respect to the related Collection Period by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above; (vi) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above; (vii) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Pool 1-1 Applied Loss Amounts and/or Pool 2 Applied Loss Amounts and the Pool 3 Applied Loss Amounts, as applicable; (viii) the amount of any Prepayment Premiums distributed to the Class P Components of the Class 1-P, Class 2-P and Class 32-P Certificates; (ix) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date; (x) by Mortgage Pool and in the aggregate, the amount of the Servicing Fees and PMI Insurance Premiums Premiums, if applicable to such Mortgage Pool, paid during the Collection Period to which such distribution relates; (xi) by Mortgage Pool and in the aggregate, the number and Aggregate Loan aggregate Scheduled Principal Balance of the Mortgage Loans, as reported to the Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties (the information in this item (xi) to be calculated using the OTS delinquency method); (xii) by Mortgage Pool and in the aggregate, the aggregate Scheduled Principal Balance of any Mortgage Loans with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs; (xiii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan; (xiv) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date; (xv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates (with a notation if such Certificate Interest Rate reflects the application of the applicable Net Funds Cap); (xvi) With respect to each Pool, the Interest Remittance Amount and the Principal Remittance Amount with respect to each Mortgage Pool and the Pool 1-1 Senior Principal Distribution Amount, Pool 2 Senior Principal Distribution Amount, the Pool 3 Senior Principal Distribution Amount, the Pool 1-2 Aggregate 1 Overcollateralization Release Amount and the Pool 3 2 Overcollateralization Release Amount applicable to such Distribution Date; (xvii) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed); (xviii) the Pool 1-2 Aggregate 1 Overcollateralization Amount (based on the and Pool 1-2 Percentage) and the Pool 3 Overcollateralization Amount after giving effect to the distributions made on such Distribution Date; (xix) the amount of any Pool 1-2 1 Overcollateralization Deficiency or the and Pool 3 2 Overcollateralization Deficiency after giving effect to the distributions made in such Distribution Date; (xx) the aggregate amount of any insurance claim payments received with respect to any Bulk Policy during the related Collection Period; (xxi) the level of LIBOR and the Certificate Interest Rate of each of the LIBOR Certificates for such Distribution DateCertificates; (xxii) the amount of the monthly Certificate Insurance Premium (and the Aggregate Certificate Insurance Premium if different) due to the Certificate Insurer on the related Distribution Date and the amount of any Insured Amounts paid in respect of the Insured Distributions to the Insured Certificates paid out of the Policy Payment Account under the Certificate Insurance Policy and any Reimbursement Amounts paid to the Certificate Insurer; (xxiiixxi) the amount of any payments made by the Group 1 Cap Counterparty to the Supplemental Interest Trust under the Group I 1 Cap Account pursuant Agreement and the Group 2 Cap Counterparty to the Group I Cap Agreement or to Trust Fund under the Class 3-A1 Cap Account pursuant to the Class 3-A1 Group 2 Cap Agreement; (xxivxxii) the amount of any Net Swap Payment or to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Group I Swap Account Supplemental Interest Trust made pursuant to Section 5A.02 or Section 5B.02, as applicable, or Sections 5.02 and any Net Swap Payment or Swap Termination Payment to the Swap Counterparty made pursuant to Section 5A.02 and 5B.02 in accordance with the Group I Swap Agreement5.02; (xxvxxiii) the amount of any FPD Premiums, if any, for such Distribution Date; and (xxvixxiv) whether a Pool 1-2 1 Trigger Event or Pool 3 2 Trigger Event is in effect for that Distribution Date. In addition to the information listed above, for every year in which the Depositor is subject to Exchange Act reporting with respect to the Certificates, such Distribution Date Statement shall also include such other information as is required by Item 1121 (§ 229.1121) of Regulation AB to the extent that the Trustee shall have received any such information from the Depositor, the Sponsor, the Master Servicer, the Servicers, the Custodians, the Swap Counterparty, the Cap Counterparty or any Subservicer or Subcontractor therefor, as applicable, no later than four Business Days prior to the Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (viivi) above, the amounts shall (except with respect to the Class I1-X and Class II2-X CertificatesCertificates and the 1-CX and I-SX Component) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC I Regular Interests or the Pooling REMIC II Regular Interests, the information required by subclauses (i), (iii), (v), (viii), (ix), (x), (xi), (xii), (xiii), (xvi), (xix), (xxi), (xxii) and (xxiiixxii) (and in the case of the Class I-LT-R and Class II-LT-R Certificates, subclause (iii)) shall be provided to the Holder of the Class I-LT-R and/or Class II-LT-R Certificates and the LTURI-holder of the applicable Pooling REMIC Regular Interests. The Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to Certificateholders, the Certificate Insurer, any NIMS Insurer and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “xxx.xxxxxxxx.xxx”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (000) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail upon request. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Trustee based solely on Mortgage Loan data provided to the Trustee by the Master Servicer (in a format agreed to by the Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four (4) Business Days prior to the Distribution Date, and on the information provided to the Trustee by the Swap Counterparty, the Group 1 Cap Counterparty and the Group 2 Cap Counterparty. In preparing or furnishing the foregoing information to the Certificateholders, the Certificate Insurer Certificateholders and any NIMS Insurer, the Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans (including any First Payment Default Mortgage Loans) and the related REO Property that has been provided to the Master Servicer by each Servicer and to the Trustee by the Master Servicer, Servicer and (ii) regarding the Group I 1 Swap Agreement, Group 1 Cap Agreement and Group 2 Cap Agreement, that has been provided to the Trustee by the Swap Counterparty, (iii) regarding the Group I Cap Agreement, that has been provided to the Trustee by the 1 Cap Counterparty and (iv) regarding the Class 3-A1 Cap Agreement, that has been provided to the Trustee by the Group 2 Cap Counterparty, respectively, and the Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by each Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Paying Agent (if other than the Trustee) by the Trustee no later than 12:00 p.m. Eastern Time two Business Days prior to the Distribution Date. (b) Upon the reasonable advance written request of any Certificateholder that is a savings and loan, bank or insurance company or the Certificate Insurer (which request, if received by the Trustee shall be promptly forwarded to the Master Servicer), the Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer, the Certificate Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer, the Certificate Insurer and such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Master Servicer shall be entitled to be reimbursed by such Certificateholder or the Certificate Insurer, as applicable, for the actual expenses incurred in providing such reports and access. (c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall, upon written request, prepare and make available to any NIMS Insurer each Person who at any time during the calendar year was a Certificateholder of record, and to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Section 4.03(a)(i) and (ii) on an annual basis as may be required to enable such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund. The Trustee shall be deemed to have satisfied this requirement if it makes available such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports to the extent reasonably available (and the Trustee may rely solely upon such information). (d) The Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall, to the extent reasonably available, furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer, to the extent reasonably available, shall provide the Trustee with such information as is necessary for the Trustee to comply with the foregoing. (e) So long as not prohibited by applicable law, the Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor's request, any and all loan-level information that the Depositor may request in any format reasonably requested by the Depositor.

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust 2007-9)

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