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Common use of Reserve Fund Clause in Contracts

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2006-AR2, Mortgage Pass-Through Certificates”. On the Closing Date, the Depositor will deposit or cause to be deposited into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Certificates, the Securities Administrator will deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii). (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by REMIC IV to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e).

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar2), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar2), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar2)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee shall establish and maintain a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2006-AR2, Mortgage Pass-Through Certificates”. "[_____________]." On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000[_________]. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount Basis Risk Shortfall amount or an Unpaid Basis Risk Shortfall amount payable to the Class A Certificates or the Class M Mezzanine Certificates, the Securities Administrator will Trustee has been directed by the Class CE Certificateholders to, and therefore will, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(a)(4)(xii), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator Trustee shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Mezzanine Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Mezzanine Certificates in the amounts and priorities set forth in Section 4.01(a). If no Basis Risk Shortfall amounts or Unpaid Basis Risk Shortfall amounts are payable on a Distribution Date, the last paragraph Trustee shall deposit into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $[_________]. (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $[_________]) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts Basis Risk Shortfall amounts or Unpaid Basis Risk Shortfall amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that to direct the Securities Administrator will Trustee, and the Trustee hereby is directed, to deposit into the Reserve Fund the amounts described above on each Distribution Date as to which there is any Basis Risk Shortfall amount or Unpaid Basis Risk Shortfall amount rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class CE Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in such account in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event . (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund in respect of any Basis Risk Shortfall amount of Unpaid Basis Risk Shortfall amount shall the Securities Administrator be liable for any investments made pursuant to this clause (e)assigned a value of zero.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Nomura Asset Acceptance Corp), Pooling and Servicing Agreement (Deutsche Mortgage Securities Inc), Pooling and Servicing Agreement (Deutsche Alt-a Securities Inc)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Securities Mortgage Loan Trust, Series 2006-AR2AR5, Mortgage Pass-Through Certificates”. On the Closing Date, the Depositor will deposit or cause to be deposited into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Group I Senior Certificates or the Class M Group I Mezzanine Certificates, the Securities Administrator will deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.1(a)(iii)(f), rather than distributing such amounts to the Class I-CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Group I Senior Certificates and the Class M Group I Mezzanine Certificates, and will distribute such amounts to the Holders of the Class A Group I Senior Certificates and the Class M Group I Mezzanine Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii4.1(a)(iv). (c) For federal and state income tax purposes, the Class I-CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by REMIC IV to the Holders of the Class I-CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Group I Senior Certificates and the Class M Group I Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class I-CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Group I Senior Certificates or the Class M Group I Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class I-CE Certificate, each Class I-CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class I-CE Certificateholders. By accepting a Class I-CE Certificate, each Class I-CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator Administrator, as directed by the majority Holder of the Class I-CE Certificates, shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. If the Holders of a majority in Percentage Interest in the Class I-CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e).

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar5), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar5)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, “Reserve Fund, Xxxxx Fargo Bank, National Association[_________________], in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan TrustACE Securities Corp. [ ], Series 2006-AR2, Mortgage Pass-Through Certificates”. [ ]” On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000[___]. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(a)(7)(vi), rather than distributing such amounts to the Class CE [____] Certificateholders, and Section 5.01(a)(7)(viii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A [____] Certificates, the [____________] Certificates and the Class M Certificates, [____] Certificates and will distribute such amounts to the Holders of the Class A [____] Certificates, the [____________] Certificates and the Class M Certificates [____] Certificates, in the amounts and priorities set forth in Section 5.01(a). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class [____] Certificateholders, from amounts otherwise distributable to the Class [____] Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $[___]. (c) For federal and state income tax purposes, the Class CE [____] Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $[___]) shall be treated as amounts distributed by REMIC IV II to the Holders of the Class CE [____] Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A [____] Certificates, the [____________] Certificates and the Class M [____] Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE [____] Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A [____] Certificates, the [____________] Certificates or the Class M [____] Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE [____] Certificate, each Class CE [____] Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE [____] Certificateholders. By accepting a Class CE [____] Certificate, each Class CE [____] Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class [____] Certificates, the Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class [____] Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class [____] Certificateholders, the [ ] Certificateholders and Class [____] Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $[___] with respect to the Certificates covered by the Swap Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Ace Securities Corp), Pooling and Servicing Agreement (Ace Securities Corp)

Reserve Fund. (a) No later than On or before the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for Fund on behalf of the registered holders Holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2006-AR2, Mortgage Pass-Through the Certificates. On the Closing Date, the Depositor will deposit or shall cause to be deposited into the Reserve Fund an amount equal to $1,000the Reserve Fund Deposit to be deposited in the Reserve Fund. The Reserve Fund shall be an Eligible Account. The Reserve Fund shall be entitled “Basis Risk Shortfall Reserve Fund, U.S. Bank National Association as Trustee for the benefit of Holders of Structured Asset Mortgage Investments II Inc., Mortgage Pass-Through Certificates, BankUnited Trust Series 2005-1, Class 1-A-1, Class I-A-2 and Class I-X Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Basis Risk Shortfall Carryover Amount payable to any of the Class A I-A-1 Certificates or the Class M I-A-2 Certificates, the Securities Administrator will shall deposit the amounts distributable in respect of any such Basis Risk Shortfall Carryover Amount pursuant to priorities first and second of Section 6.01(a)(i) into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F)Fund, rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, and the Securities Administrator shall hold all such amounts for the benefit of the Holders of has been directed by the Class A Certificates and I-X Certificateholder to distribute amounts in the Class M Certificates, and will distribute such amounts Reserve Fund to the Holders of the Class A I-A-1 Certificates and the Class M I-A-2 Certificates in the amounts and priorities set forth in the last paragraph priorities first and second of Section 4.1(a)(iii6.01(a)(i). (c) For federal . Any amount paid to the Holders of Class I-A-1 Certificates and state income tax purposes, Class I-A-2 Certificates pursuant to the Class CE Certificateholders will be deemed to be the owners preceding sentence in respect of the Reserve Fund and all amounts deposited into the Reserve Fund Basis Risk Shortfall Carryover Amounts shall be treated as amounts distributed to the Class I-X Certificateholder in respect of the Class I-X Certificates and paid by REMIC IV the Class I-X Certificateholder to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, I-A-1 Certificates or the payment in full of the Class A Certificates and the Class M I-A-2 Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designeesas applicable. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any Any payments to the Holders of the Class A I-A-1 Certificates or the and Class M I-A-2 Certificates in respect of Net WAC Rate Basis Risk Shortfall Carryover Amounts will pursuant to the second preceding sentence shall not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1)) of the Code. (db) By accepting a The Reserve Fund is an “outside reserve fund” within the meaning of Treasury Regulation Section 1.860G-2(h) and shall be an asset of the Trust Fund but not an asset of any REMIC. The Trustee on behalf of the Trust shall be the nominal owner of the Reserve Fund. The Class CE CertificateI-X Certificateholder shall be the beneficial owner of the Reserve Fund, each Class CE Certificateholder hereby agrees that subject to the power of the Securities Administrator will deposit into to transfer amounts under priorities first and second of Section 6.01(a)(i). Amounts in the Reserve Fund shall, at the amounts described above on each Distribution Date rather than distributing such amounts to written direction of the Class CE Certificateholders. By accepting a Class CE CertificateI-X Certificateholder, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds be invested in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) that mature no later than the Business Day immediately preceding prior to the date next succeeding Distribution Date. In the absence of written instructions, amounts on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than deposit in the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investmentReserve Fund shall remain uninvested. All net income and gain from such investments shall be distributed to the Class I-X Certificateholders, not as a distribution in respect of any interest in any REMIC, on such Distribution Date. All amounts earned upon on amounts on deposit in the Reserve Fund shall be taxable to the Class I-X Certificateholder. Any losses on such investment investments shall be deposited into in the Reserve Fund. In no event shall Fund by the Securities Administrator be liable for any investments made pursuant to this clause (e)Class I-X Certificateholder out of its own funds immediately as realized.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bankunited Trust 2005-1, Mortgage Pass-Through Certificates, Series 2005-1), Pooling and Servicing Agreement (Bankunited Trust 2005-1, Mortgage Pass-Through Certificates, Series 2005-1)

Reserve Fund. (a) No later than On or before the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for Fund on behalf of the registered holders Holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2006-AR2, Mortgage Pass-Through the Certificates. On the Closing Date, the Depositor will deposit or shall cause to be deposited into the Reserve Fund an amount equal to $1,000. (b) the Reserve Fund Deposit to be deposited in the Reserve Fund. The Reserve Fund shall be an Eligible Account. The Reserve Fund shall be entitled “Reserve Fund, LaSalle Bank National Association, as Securities Administrator on behalf of Citibank, N.A. as Trustee for the benefit of holders of Bear Xxxxxxx Asset Backed Securities I LLC, Mortgage-Backed Certificates, Series 2005-7”. On each Distribution Date as to which there is a Net WAC Rate Carryover Basis Risk Shortfall Carry Forward Amount payable to the any Class A Certificates or the of Class A, Class M or Class B Certificates, the Securities Administrator will shall deposit the amounts distributable pursuant to clause (C) of Section 6.04(a)(3) into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, and the Securities Administrator shall hold all such amounts for the benefit of the Holders of has been directed by the Class A Certificates and C Certificateholder to distribute amounts in the Class M Certificates, and will distribute such amounts Reserve Fund to the Holders of the Class A Certificates and the A, Class M or Class B Certificates in the amounts and priorities set forth in the last paragraph clause (C) of Section 4.1(a)(iii6.04(a)(3). (c) For federal and state income tax purposes. Any amount paid to the Holders of Class A, Class M or Class B Certificates pursuant to the Class CE Certificateholders will be deemed to be the owners preceding sentence in respect of the Reserve Fund and all amounts deposited into the Reserve Fund Basis Risk Shortfall Carry Forward Amounts shall be treated as amounts distributed to the Class C Certificateholder in respect of the Class C Certificates and paid by REMIC IV the Class C Certificateholder to the Holders of the Class CE Certificates. Upon the termination of the Trust FundA, or the payment in full of the Class A Certificates and the Class M and Class B Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designeesas applicable. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any Any payments to the Holders of the Class A Certificates or the A, Class M and Class B Certificates in respect of Net WAC Rate Carryover Basis Risk Shortfall Carry Forward Amounts will pursuant to the second preceding sentence shall not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1)) of the Code. (db) By accepting a The Reserve Fund is an “outside reserve fund” within the meaning of Treasury Regulation Section 1.860G-2(h) and shall be an asset of the Trust Fund but not an asset of any REMIC. The Trustee on behalf of the Trust shall be the nominal owner of the Reserve Fund. The Class CE CertificateC Certificateholder shall be the beneficial owner of the Reserve Fund, each Class CE Certificateholder hereby agrees that subject to the power of the Securities Administrator will deposit into on behalf of the Trustee to transfer amounts under Section 6.04. Amounts in the Reserve Fund shall, at the amounts described above on each Distribution Date rather than distributing such amounts written direction of the Class C Certificateholder to the Class CE Certificateholders. By accepting a Class CE CertificateSecurities Administrator, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds be invested in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) that mature no later than the Business Day immediately preceding prior to the date on which such funds are required next succeeding Distribution Date. In the absence of written instructions to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investmentAdministrator, and (ii) no later than amounts on deposit in the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investmentReserve Fund shall remain uninvested. All net income and gain from such investments shall be distributed to the Class C Certificateholders, not as a distribution in respect of any interest in any REMIC, at such time as they shall direct. All amounts earned upon on amounts on deposit in the Reserve Fund shall be taxable to the Class C Certificateholder. Any losses on such investment investments shall be deposited into in the Reserve Fund. In no event shall Fund by the Securities Administrator be liable for any investments made pursuant to this clause (e)Class C Certificateholder out of its own funds immediately as realized.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Mortgage-Backed Certificates, Series 2005-7), Pooling and Servicing Agreement (Mortgage-Backed Certificates, Series 2005-7)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Securities Mortgage Loan Trust, Series 20062007-AR2, Mortgage Pass-Through Certificates”. On the Closing Date, the Depositor will deposit or cause to be deposited into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Certificates, the Securities Administrator will deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.1(a)(iii)(g), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii4.1(a)(iv). (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by the Master REMIC IV to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator Administrator, as directed by the majority Holder of the Class CE Certificates, shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e).

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar2), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar2)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated non-interest bearing trust account titled, “Reserve Fund, Xxxxx Fargo BankCitibank, National AssociationN.A., as Trustee, in trust for registered Holders of WaMu Asset-Backed Certificates WaMu Series 2007-HE2 Trust.” The Trustee shall account for the registered holders of Deutsche Alt-A Securitiesright to receive payments from the Reserve Fund as property that the Trustee holds separate and apart from the REMIC Regular Interests. On the first Distribution Date, Inc. Mortgage Loan Trust, Series 2006-AR2, Mortgage Pass-Through Certificates”. amounts in the Reserve Fund will include any amounts withdrawn from the Interest Coverage Account and deposited in the Reserve Fund pursuant to Section 4.12(c). (a) The following amounts shall be deposited into the Reserve Fund: (i) On the Closing Date, the Depositor will deposit shall deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000.; (bii) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to any of the Class A Certificates or the Class M Mezzanine Certificates, the Securities Administrator will Trustee has been directed by the Holders of the Class C Certificates to, and therefore shall, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(d)(i)(U), rather than distributing such amounts to the Class CE Certificateholders. ; and (iii) On each such Distribution DateDate as to which there are no Net WAC Rate Carryover Amounts, the Securities Administrator Trustee shall hold all such amounts for deposit into the benefit Reserve Fund on behalf of the Holders of the Class A Certificates and the Class M C Certificates, and will distribute from amounts otherwise distributable to such Class C Certificates, an amount such that when added to other amounts to the Holders of the Class A Certificates and the Class M Certificates already on deposit in the amounts and priorities set forth in Reserve Fund, the last paragraph of Section 4.1(a)(iii)aggregate amount on deposit therein is equal to $1,000. (cb) The Reserve Fund shall be treated as an “outside reserve fund” under applicable Treasury regulations and shall not be part of any REMIC created hereunder. For federal and state income tax purposes, the Holders of the Class CE Certificateholders will C Certificates shall be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV 3 to REMIC CX in respect of the Class C Interest, and then distributed by REMIC CX to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundFor federal and state income tax purposes, or the payment payments in full respect of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1860G(a)(1). (dc) By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder hereby agrees that C Certificate shall be deemed to have directed the Securities Administrator will Trustee to, and the Trustee shall pursuant to such direction, deposit into the Reserve Fund the amounts described in Section 3.26(a)(ii) and (a)(iii) above on each Distribution Date rather than distributing such amounts to the Class CE CertificateholdersDate. By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder C Certificate further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (ed) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in the Reserve Fund in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. Notwithstanding the foregoing, any funds in the Reserve Fund shall be invested in Permitted Investments upon and pursuant to written investment directions from the Servicer. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In The Trustee shall have no event shall the Securities Administrator be liable liability for any investments loss on any investment made pursuant to the terms of this clause Section 3.26(d). (e)) For federal tax return and information reporting, the right of the Certificateholders to receive payment on account of the Class A Certificates and the Mezzanine Certificates from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of zero.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (WaMu Asset-Backed Certificates, WaMu Series 2007-He2), Pooling and Servicing Agreement (WaMu Asset-Backed Certificates, WaMu Series 2007-He2)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee shall establish and maintain a separate, segregated trust account titled, "Reserve Fund, Xxxxx Fargo First Union National Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062001-AR2HE1, Mortgage Asset Backed Pass-Through Certificates”. ." On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount Basis Risk Shortfall amount or an Unpaid Basis Risk Shortfall amount payable to the Class A Certificates or the Class M Mezzanine Certificates, the Securities Administrator will Trustee has been directed by the Class CE Certificateholders to, and therefore will, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(a)(4)(xii), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator Trustee shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Mezzanine Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Mezzanine Certificates in the amounts and priorities set forth in Section 4.01(a). If no Basis Risk Shortfall amounts or Unpaid Basis Risk Shortfall amounts are payable on a Distribution Date, the last paragraph Trustee shall deposit into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts Basis Risk Shortfall amounts or Unpaid Basis Risk Shortfall amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that to direct the Securities Administrator will Trustee, and the Trustee hereby is directed, to deposit into the Reserve Fund the amounts described above on each Distribution Date as to which there is any Basis Risk Shortfall amount or Unpaid Basis Risk Shortfall amount rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class CE Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in such account in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event . (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund in respect of any Basis Risk Shortfall amount of Unpaid Basis Risk Shortfall amount shall the Securities Administrator be liable for any investments made pursuant to this clause (e)assigned a value of zero.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Ace Securities Corp), Pooling and Servicing Agreement (Ace Securities Corp)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Securities Mortgage Loan Trust, Series 20062007-AR2OA3, Mortgage Pass-Through Certificates”. On the Closing Date, the Depositor will deposit or cause to be deposited into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Certificates, the Securities Administrator will deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.1(a)(iii)(f), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii4.1(a)(iv). (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by the Master REMIC IV to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator Administrator, as directed by the majority Holder of the Class CE Certificates, shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e).

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa3 /DE), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa3 /DE)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee shall establish and maintain with itself a separate, segregated trust account titled, "Reserve Fund, Xxxxx Wells Fargo BankBank Minnesota, National AssociationN.A., as Xxxxtee, in trust for the registered holders Holders of Deutsche Alt-A Securities, Inc. Option One Mortgage Loan TrustTrust 2000-3, Asset-Backed Certificates, Series 20062000-AR2, Mortgage Pass-Through Certificates”. 3." On the Closing Date, the Depositor will deposit Dexxxxxxx xxxl deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) . On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Mezzanine Certificates, the Securities Administrator will Trustee has been directed by the Class C Certificateholders to, and therefore will, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(d)(viii), rather than distributing such amounts to the Class CE C Certificateholders. On each such Distribution Date, the Securities Administrator Trustee shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Mezzanine Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Mezzanine Certificates in the amounts and priorities set forth in Section 4.01(d). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Trustee shall deposit into the Reserve Fund on behalf of Section 4.1(a)(iii). (c) the Class C Certificateholders, from amounts otherwise distributable to the Class C Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. For federal and state income tax purposes, the Class CE C Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV 3 to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundTrust, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE C Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) . By accepting a Class CE C Certificate, each Class CE C Certificateholder hereby agrees that to direct the Securities Administrator will Trustee, and the Trustee hereby is directed, to deposit into the Reserve Fund the amounts described above on each Distribution Date as to which there is any Net WAC Rate Carryover Amount rather than distributing such amounts to the Class CE C Certificateholders. By accepting a Class CE C Certificate, each Class CE C Certificateholder further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator . At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. All income If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in such account in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. For federal tax return and gain earned upon such investment information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund in respect of any Net Wac Rate Carryover Amount shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e)assigned a value of zero.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Option One Mort Accept Corp Asset Backed Cert Series 2000-3), Pooling and Servicing Agreement (Option One Mort Accept Corp Asset Backed Cert Series 2000-3)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, "Reserve Fund, Xxxxx Fargo Bank, National AssociationN.A., in trust for the registered holders of Deutsche Alt-A Mortgage Securities, Inc. Mortgage Loan Trust, Series 20062004-AR22, Mortgage Pass-Through Certificates”. ." On the Closing Date, the Depositor will deposit deposit, or cause to be deposited, into the Reserve Fund $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Securities Administrator under the Cap Contract and deposited into the Reserve Fund an amount equal to $1,000for the benefit of the Class A-1 Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Certificates, the Securities Administrator will deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.1(a)(iii)(E), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates Certificates, other than the Class A-IO Certificates, and the Class M Certificates, and will distribute such amounts to the Holders of the Class A Certificates Certificates, other than the Class A-IO Certificates, and the Class M Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the Securities Administrator shall deposit, based on the instructions received by it from the Securities Administrator, into the Reserve Fund on behalf of the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Class M Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of zero.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Deutsche Mort Sec Inc Mortgage Loan Trust Series 2004 2), Pooling and Servicing Agreement (Deutsche Mort Sec Inc Mortgage Loan Trust Series 2004 2)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, “Reserve Fund, Xxxxx Wxxxx Fargo Bank, National AssociationN.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062000-AR2XX0, Mortgage Xxxxx Backed Pass-Through Certificates”. .” On the Closing Date, the Depositor will deposit deposit, or cause to be deposited, into the Reserve Fund $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Securities Administrator under the Group I Cap Contract and deposited into the Reserve Fund an amount equal to $1,000for the benefit of the Class A-1 Certificates and the Mezzanine Certificates and under the Group II Cap Contract and deposited in the Reserve Fund for the benefit of the Class A-2 Certificates and the Mezzanine Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(c)(7)(vi), rather than distributing such amounts to the Class CE CertificateholdersCertificateholders pursuant to Section 5.01(c)(7)(vii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, Mezzanine Certificates and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates Mezzanine Certificates, in the amounts and priorities set forth in Section 5.01(a). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Reserve Fund be disregarded as an entity separate from the Holder of the Class CE Certificateholders will be deemed Certificates unless and until the date when either (a) there is more than one Class CE Certificateholder or (b) any Class of Certificates in addition to be the owners of Class CE Certificates is recharacterized as an equity interest in the Reserve Fund for federal income tax purposes, in which case it is the intention of the parties hereto that, for federal and all state income and state and local franchise tax purposes, the Reserve Fund be treated as a partnership. The Master Servicer shall not be required to prepare and file partnership tax returns in respect of such partnership unless it receives additional reasonable compensation (not to exceed $10,000 per year) for the preparation of such filings, written notification recognizing the creation of a partnership agreement or comparable documentation evidencing the partnership. All amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000 and any amounts paid to the Reserve Fund from the Cap Contracts) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund constitutes an “outside reserve fund” within the meaning of Treasury Regulation § 1.860G-2(h). The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $1,000.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Cw1), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Cw1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, “Reserve Fund, Xxxxx Fargo Bank, National AssociationN.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 2006-AR2HE4, Mortgage Asset Backed Pass-Through Certificates”. .” On the Closing Date, the Depositor will deposit deposit, or cause to be deposited, into the Reserve Fund $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Securities Administrator under the Group I Cap Contract and deposited into the Reserve Fund an amount equal to $1,000for the benefit of the Class A-1 Certificates and the Mezzanine Certificates and under the Group II Cap Contract and deposited in the Reserve Fund for the benefit of the Class A-2 Certificates and the Mezzanine Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(c)(7)(vi), rather than distributing such amounts to the Supplemental Interest Trust (to pay any Swap Termination Payment owed to the Swap Provider due to a Swap Provider Trigger Event pursuant to the Swap Agreement) pursuant to Section 5.01(c)(7)(vii) and to the Class CE CertificateholdersCertificateholders pursuant to Section 5.01(c)(7)(viii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, Mezzanine Certificates and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates Mezzanine Certificates, in the amounts and priorities set forth in Section 5.01(c). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Reserve Fund be disregarded as an entity separate from the Holder of the Class CE Certificateholders will be deemed Certificates unless and until the date when either (a) there is more than one Class CE Certificateholder or (b) any Class of Certificates in addition to be the owners of Class CE Certificates is recharacterized as an equity interest in the Reserve Fund for federal income tax purposes, in which case it is the intention of the parties hereto that, for federal and all state income and state and local franchise tax purposes, the Reserve Fund be treated as a partnership. The Master Servicer shall not be required to prepare and file partnership tax returns in respect of such partnership unless it receives additional reasonable compensation (not to exceed $10,000 per year) for the preparation of such filings, written notification recognizing the creation of a partnership agreement or comparable documentation evidencing the partnership. All amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000 and any amounts paid to the Reserve Fund from the Cap Contracts) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund constitutes an “outside reserve fund” within the meaning of Treasury Regulation § 1.860G-2(h). The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution Depository Institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund and the Supplemental Interest Trust in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $1,000.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He4), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He4)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo BankDeutsche Bank National Trust Company, National Associationas Trustee, in trust for the registered holders Holders of Deutsche Alt-A Securities, Inc. Long Beach Mortgage Loan TrustTrust 2004‑1, Asset‑Backed Certificates, Series 2006-AR22004‑1.” The Trustee shall account for the right to receive payments from the Reserve Fund as property that the Trustee holds separate and apart from the REMIC Regular Interests. (a) The following amounts shall be deposited into the Reserve Fund: (i) On each Distribution Date, Mortgage Pass-Through Certificates”. the Trustee shall deposit all amounts received with respect to the Cap Agreements; (ii) On the Closing Date, the Depositor will deposit shall deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000.; (biii) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to any of the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates, the Securities Administrator will Trustee has been directed by the Holders of the Class C Certificates to, and therefore shall, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(d)(i)(x), rather than distributing such amounts to the Class CE Certificateholders. ; and (iv) On each such Distribution DateDate as to which there are no Net WAC Rate Carryover Amounts, the Securities Administrator Trustee shall hold all such amounts for deposit into the benefit Reserve Fund on behalf of the Holders of the Class A Certificates and the Class M C Certificates, from amounts otherwise distributable to such Class C Certificates, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (b) The Reserve Fund shall be segregated into two separate portions, for which the Trustee shall keep separate accounts. “Portion 1” of the Reserve Fund will consist of amounts deposited pursuant to Section 3.26(a)(i), above, plus any amounts earned on any such funds while on deposit in the Reserve Fund. “Portion 2” of the Reserve Fund will consist of amounts deposited pursuant to Sections 3.26(a)(ii), (a)(iii), and will distribute (a)(iv), above, plus any amounts earned on any such amounts funds while on deposit in the Reserve Fund. Amounts distributed from the Reserve Fund under Sections 4.01(d)(ii) and 3.26(c) shall be deemed to be distributed first from Portion 1 of the Reserve Fund to the Holders of the Class A Certificates extent thereof and the Class M Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii)then from Portion 2. (c) Each Portion of the Reserve Fund shall be treated as an “outside reserve fund” under applicable Treasury regulations and will not be part of any REMIC created hereunder. For federal and state income tax purposes, the Trustee shall be deemed to be the owner of Portion 1 of the Reserve Fund and no amount will be transferred by any REMIC to Portion 1 of the Reserve Fund. For federal and state income tax purposes, the Holders of the Class CE Certificateholders will C Certificates shall be deemed to be the owners of Portion 2 of the Reserve Fund and all amounts deposited into such Portion 2 of the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV 2 to REMIC CX in respect of the Class C Interest, and then distributed by REMIC CX to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundFor federal and state income tax purposes, or the payment payments in full respect of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M B Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1860G(a)(1). (d) By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder hereby agrees that C Certificate shall be deemed to have directed the Securities Administrator will Trustee to, and the Trustee shall pursuant to such direction, deposit into the Reserve Fund the amounts described in Section 3.26(a)(iii) and (a)(iv) above on each Distribution Date rather than distributing such amounts to the Class CE CertificateholdersDate. By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder C Certificate further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining Portion 2 of the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to Portion 2 of the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in such Portion in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. Notwithstanding the foregoing, any funds in Portion 2 of the Reserve Fund shall be invested in Deutsche Bank Cash Management Fund 541 for so long as such investment complies with clause (vi) of the definition of Permitted Investments. All income and gain earned upon such investment shall be deposited into Portion 2 of the Reserve Fund. In no event The Trustee shall hold the Securities Administrator funds in Portion 1 of the Reserve Fund uninvested in an Eligible Account. (f) For federal tax return and information reporting, the right of the Certificateholders to receive payment on account of the Class A Certificates, the Mezzanine Certificates and the Class B Certificates from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be liable for any investments made pursuant to this clause (e)assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Sec Corp Asset Backed Certs Ser 2004-1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, “Reserve Fund, Xxxxx Wxxxx Fargo Bank, National AssociationN.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062000-AR2XX0, Mortgage Xxxxx Backed Pass-Through Certificates”. .” On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(c)(7)(vi), rather than distributing such amounts to the Class CE Certificateholders, and Section 5.01(c)(7)(vii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, Mezzanine Certificates and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates Mezzanine Certificates, in the amounts and priorities set forth in Section 5.01(c). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV II to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $4,205,648.50 with respect to the Certificates covered by the Swap Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ace Securities Corp. Home Equity Loan Trust, Series 2006-Nc1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee shall establish and maintain a separate, segregated trust account titled, "Reserve Fund, Xxxxx Fargo BankBank One, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062002-AR2HE2, Mortgage PassXxxxx Xxxxxx Xxxx-Through Certificates”. On the Closing Xxxxxxx Xxxxxxxxxxxx." Xx xxx Xxxxxxx Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount Basis Risk Shortfall amount or an Unpaid Basis Risk Shortfall amount payable to the Class A Certificates or the Class M Mezzanine Certificates, the Securities Administrator will Trustee has been directed by the Class CE Certificateholders to, and therefore will, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(a)(4)(xii), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator Trustee shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Mezzanine Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Mezzanine Certificates in the amounts and priorities set forth in Section 4.01(a). If no Basis Risk Shortfall amounts or Unpaid Basis Risk Shortfall amounts are payable on a Distribution Date, the last paragraph Trustee shall deposit into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts Basis Risk Shortfall amounts or Unpaid Basis Risk Shortfall amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that to direct the Securities Administrator will Trustee, and the Trustee hereby is directed, to deposit into the Reserve Fund the amounts described above on each Distribution Date as to which there is any Basis Risk Shortfall amount or Unpaid Basis Risk Shortfall amount rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. All income and gain earned upon such If no investment shall be deposited into direction of the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e).Holders of a majority in Percentage Interest in the

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ace Securities Corp Home Equity Loan Trust Series 2002-He2)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee shall establish and maintain a separate, segregated trust account titled, "Reserve Fund, Xxxxx Fargo Bank, U.S. Bank National Association, in trust for the registered holders of Deutsche Alt-A SecuritiesSalomon Brothers Mortgage Securities VII, Inc. Mortgage Inc., New Century Home Equity Loan Trust, Series 20062001-AR2NC2, Mortgage PassAsset Bxxxxx Xxxx-Through Xxxxugh Certificates”. ." On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Mezzanine Certificates, the Securities Administrator will Trustee has been directed by the Class CE Certificateholders to, and therefore will, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(a)(4)(x), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator Trustee shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Mezzanine Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Mezzanine Certificates in the amounts and priorities set forth in Section 4.01(a). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Trustee shall deposit into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that to direct the Securities Administrator will Trustee, and the Trustee hereby is directed, to deposit into the Reserve Fund the amounts described above on each Distribution Date as to which there is any Net WAC Rate Carryover Amount rather than distributing such amounts to the Class CE Certificateholders. By By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class CE Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in such account in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event . (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund in respect of any Net Wac Rate Carryover Amount shall the Securities Administrator be liable for any investments made pursuant to this clause (e)assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (New Century Home Equity Loan Trust Series 2001-Nc2)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee shall establish and maintain with itself a separate, segregated trust account titled, "Reserve Fund, Xxxxx Fargo BankBank Minnesota, National Association, as Trustee, in trust for the registered holders Holders of Deutsche Alt-A Securities, Inc. Option One Mortgage Loan TrustTrust 2002-1, Asset-Backed Certificates, Series 20060000-AR2, Mortgage Pass-Through Certificates”. On 0." Xx the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) . On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Mezzanine Certificates, the Securities Administrator will Trustee has been directed by the Class C Certificateholders to, and therefore will, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(d)(viii), rather than distributing such amounts to the Class CE C Certificateholders. On each such Distribution Date, the Securities Administrator Trustee shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Offered Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Offered Certificates in the amounts and priorities set forth in Section 4.01(d). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Trustee shall deposit into the Reserve Fund on behalf of Section 4.1(a)(iii). (c) the Class C Certificateholders, from amounts otherwise distributable to the Class C Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. For federal and state income tax purposes, the Class CE C Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV 2 to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundTrust, or the payment in full of the Class A Certificates and the Class M Offered Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE C Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) . By accepting a Class CE C Certificate, each Class CE C Certificateholder hereby agrees that to direct the Securities Administrator will Trustee, and the Trustee hereby is directed, to deposit into the Reserve Fund the amounts described above on each Distribution Date as to which there is any Net WAC Rate Carryover Amount rather than distributing such amounts to the Class CE C Certificateholders. By accepting a Class CE C Certificate, each Class CE C Certificateholder further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator . At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. All income If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in such account in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. For federal tax return and gain earned upon such investment information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund in respect of any Net Wac Rate Carryover Amount shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e)assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Option One Mortgage Loan Tr 2002-1 as-BCKD Cert Ser 2002-1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, “Reserve Fund, Xxxxx Fargo Bank, National AssociationN.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20060000-AR2XX0, Mortgage Xxxxx Backed Pass-Through Certificates”. .” On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(c)(7)(vi), rather than distributing such amounts to the Class CE CertificateholdersCertificateholders pursuant to Section 5.01(c)(7)(viii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, Mezzanine Certificates and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates Mezzanine Certificates, in the amounts and priorities set forth in Section 5.01(a). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Reserve Fund be disregarded as an entity separate from the Holder of the Class CE Certificateholders will be deemed Certificates unless and until the date when either (a) there is more than one Class CE Certificateholder or (b) any Class of Certificates in addition to be the owners of Class CE Certificates is recharacterized as an equity interest in the Reserve Fund for federal income tax purposes, in which case it is the intention of the parties hereto that, for federal and all state income and state and local franchise tax purposes, the Reserve Fund be treated as a partnership. The Master Servicer shall not be required to prepare and file partnership tax returns in respect of such partnership unless it receives additional reasonable compensation (not to exceed $10,000 per year) for the preparation of such filings, written notification recognizing the creation of a partnership agreement or comparable documentation evidencing the partnership. All amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund constitutes an “outside reserve fund” within the meaning of Treasury Regulation § 1.860G-2(h). The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund and the Supplemental Interest Trust in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $1,000.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Fm1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, "Reserve Fund, Xxxxx Wells Fargo Bank, National AssociationAssxxxxxion, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062004-AR2HS1, Mortgage Asset Backed Pass-Through Certificates”. ." On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Securities Administrator under the Cap Contract relating to the Group I Mortgage Loans and deposited into Reserve Fund for the benefit of the Class A-1 Certificates, Class A-3 Certificates and Mezzanine Certificates and under the Cap Contract relating to the Group II Mortgage Loans and deposited in the Reserve Fund for the benefit of the Class A-2 Certificates and the Mezzanine Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or and the Class M Mezzanine Certificates, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(a)(7)(xxi), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Mezzanine Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Mezzanine Certificates in the amounts and priorities set forth in Section 5.01 (a). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the Securities Administrator shall deposit, into the Reserve Fund on behalf of the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the last paragraph of Section 4.1(a)(iii)Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV II to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Equity Loan Trust Series 2004-Hs1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, "Reserve Fund, Xxxxx Wells Fargo Bank, National AssociationN.A., in trust for truxx xxr the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062004-AR2HE3, Mortgage Asset Backed Pass-Through Certificates”. ." On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Securities Administrator under the Group I Cap Contract and deposited into Reserve Fund for the benefit of the Class A-1 Certificates, Mezzanine Certificates and the Class B Certificates and under the Group II Cap Contract and deposited in the Reserve Fund for the benefit of the Class A-2 Certificates, the Mezzanine Certificates and the Class B Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(a)(7)(vi), rather than distributing such 101 amounts to the Class CE CE-1 Certificateholders, and Section 5.01(a)(7)(vii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates, B Certificates and will distribute such amounts to the Holders of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates B Certificates, in the amounts and priorities set forth in Section 5.01(a). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE-1 Certificateholders, from amounts otherwise distributable to the Class CE-1 Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE CE-1 Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) and any amounts paid to the Reserve Fund from the Cap Contracts shall be treated as amounts distributed by REMIC IV II to the Holders of the Class CE CE-1 Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates, the Mezzanine Certificates and the Class M B Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE CE-1 Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp Series 2004-He3)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 2006-AR2ASAP3, Mortgage Asset Backed Pass-Through Certificates”. .” On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(c)(7)(vi), rather than distributing such amounts to the Class CE CertificateholdersCE-1 Certificateholders pursuant to Section 5.01(c)(7)(viii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, Mezzanine Certificates and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates Mezzanine Certificates, in the amounts and priorities set forth in Section 5.01(c). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE-1 Certificateholders, from amounts otherwise distributable to the Class CE-1 Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For The Reserve Fund constitutes an “outside reserve fund” within the meaning of Treasury Regulation § 1.860G-2(h) and is not an asset of any REMIC. It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Reserve Fund be disregarded as an entity separate from the Holder of the Class CE Certificateholders will be deemed CE-1 Certificates unless and until the date when either (a) there is more than one Class CE-1 Certificateholder or (b) any Class of Certificates in addition to be the owners of Class CE-1 Certificates is recharacterized as an equity interest in the Reserve Fund for federal income tax purposes, in which case it is the intention of the parties hereto that, for federal and all state income and state and local franchise tax purposes, the Reserve Fund be treated as a partnership. All amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE CE-1 Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE CE-1 Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE CE-1 Certificate, each Class CE CE-1 Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE CE-1 Certificateholders. By accepting a Class CE CE-1 Certificate, each Class CE CE-1 Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE-1 Certificates, the Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE-1 Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $0 with respect to the Certificates covered by the Swap Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Asap3)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Securities Mortgage Loan Trust, Series 20062007-AR2OA1, Mortgage Pass-Through Certificates”. On the Closing Date, the Depositor will deposit or cause to be deposited into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Certificates, the Securities Administrator will deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.1(a)(iii)(f), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii4.1(a)(iv). (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by the Master REMIC IV to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator Administrator, as directed by the majority Holder of the Class CE Certificates, shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated non-interest bearing trust account titled, “Reserve Fund, Xxxxx Fargo Bank, LaSalle Bank National Association, as Trustee, in trust for the registered holders of Deutsche AltWashington Mutual Asset-A Securities, Inc. Mortgage Loan TrustBacked Certificates WMABS, Series 2006-AR2, Mortgage Pass-Through Certificates”. 2006‑HE5.” The Trustee shall account for the right to receive payments from the Reserve Fund as property that the Trustee holds separate and apart from the REMIC Regular Interests. (a) The following amounts shall be deposited into the Reserve Fund: (i) On the Closing Date, the Depositor will deposit Company shall deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000.; (bii) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to any of the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates, the Securities Administrator will Trustee has been directed by the Holders of the Class C Certificates to, and therefore shall, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F), rather than distributing such amounts to the Class CE Certificateholders. 4.05; and (iii) On each such Distribution DateDate as to which there are no Net WAC Rate Carryover Amounts, the Securities Administrator Trustee shall hold all such amounts for deposit into the benefit Reserve Fund on behalf of the Holders of the Class A Certificates and the Class M C Certificates, and will distribute from amounts otherwise distributable to such Class C Certificates, an amount such that when added to other amounts to the Holders of the Class A Certificates and the Class M Certificates already on deposit in the amounts and priorities set forth in Reserve Fund, the last paragraph of Section 4.1(a)(iii)aggregate amount on deposit therein is equal to $1,000. (cb) The Reserve Fund shall be treated as an “outside reserve fund” under applicable Treasury regulations and shall not be part of any REMIC created hereunder. For federal and state income tax purposes, the Holders of the Class CE Certificateholders will C Certificates shall be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC III to REMIC IV in respect of the Class C Interest, and then distributed by REMIC IV to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundFor federal and state income tax purposes, or the payment payments in full respect of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M B Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1860G(a)(1). (dc) By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder hereby agrees that C Certificate shall be deemed to have directed the Securities Administrator will Trustee to, and the Trustee shall pursuant to such direction, deposit into the Reserve Fund the amounts described in Section 3.22(a)(ii) and (a)(iii) above on each Distribution Date rather than distributing such amounts to the Class CE CertificateholdersDate. By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder C Certificate further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (ed) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Eligible Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in the Reserve Fund in Eligible Investments managed by the Trustee or an Affiliate of the kind described in clauses (iii) or (vii) of the definition of Eligible Investments. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause . (e)) For federal tax return and information reporting, the right of the Certificateholders to receive payment on account of the Class A Certificates, the Mezzanine Certificates and the Class B Certificates from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Washington Mutual Asset-Backed Certificates, WMABS Series 2006-He5)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, "Reserve Fund, Xxxxx Fargo Bank, National AssociationN.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062005-AR2SD1, Mortgage Asset Backed Pass-Through Certificates”. ." On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Securities Administrator under the Cap Contract and deposited into Reserve Fund for the benefit of the Class A-1, the Mezzanine and the Class CE Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in clause SIXTH of Section 4.1(a)(iii)(F5.01(a)(5), rather than distributing such amounts to the Class CE Certificateholders, and in clause SEVENTH of Section 5.01(a)(5). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A A-1 Certificates and the Class M Certificates, Mezzanine Certificates and will distribute such amounts to the Holders of the Class A A-1 Certificates and the Class M Certificates Mezzanine Certificates, in the amounts and priorities set forth in the last paragraph clause SIXTH of Section 4.1(a)(iii5.01(a)(5). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the Securities Administrator shall deposit, into the Reserve Fund on behalf of the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000 and any amounts paid to the Trust Fund by the counterparty to the Cap Contract) and any amounts paid to the Reserve Fund shall be treated as amounts distributed by REMIC IV II to the Holders of the Class CE CertificatesCertificates (other than any amount paid to the Reserve Fund by the Cap Contract). Upon the termination of the Trust Fund, or the payment in full of the Class A A-1 Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A A-1 Certificates or and the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A-1 Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $153,000 with respect to Certificates covered by the Cap Contract.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp Series 2005 SD1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Securities Mortgage Loan Trust, Series 20062007-AR2OA2, Mortgage Pass-Through Certificates”. On the Closing Date, the Depositor will deposit or cause to be deposited into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Certificates, the Securities Administrator will deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.1(a)(iii)(f), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii4.1(a)(iv). (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by the Master REMIC IV to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator Administrator, as directed by the majority Holder of the Class CE Certificates, shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa2)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, separate segregated trust account titled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 20062005-AR2AR1, Class I-A-1 and Class II-A-2 Mortgage Pass-Through Certificates.. On the Closing Date, the Depositor will deposit or cause to be deposited into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will deposit into the Reserve Fund an amount equal to the amount by which the sum of the Net WAC Rate Carryover Amounts with respect to the Class I-A-1 Certificates and Class I-A-2 Certificates exceeds the sum of any amounts received by the Securities Administrator with respect to the Cap Contract since the prior Distribution Date. On each Distribution Date, after making the distributions required under Section 4.1(a)(i) through (iv), the Securities Administrator will withdraw from the Reserve Fund the amounts described in Section 4.1(a)(iii)(F), rather than distributing on deposit therein (which shall include any amounts otherwise distributable to the Class I-A-IO Certificates and any payments received under the Cap Contract) and distribute such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit I-A-1 Certificates and Class I-A-2 Certificates in respect of the Holders of any Net WAC Rate Carryover Amounts due to the Class A I-A-1 Certificates and the Class M Certificates, and will distribute such amounts to the Holders of the Class A I-A-2 Certificates and the Class M Certificates in the amounts and priorities as set forth in the last paragraph of Section 4.1(a)(iii4.1(a)(v) and (b)(4). (c) For federal and state income tax purposes, the Class CE Certificateholders Seller will be deemed to be the owners owner of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by REMIC IV to the Holders of the Class CE CertificatesFund. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders Seller or their its designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A I-A-1 Certificates or the and Class M I-A-2 Certificates of Net WAC Rate Carryover Amounts Amounts, will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder The Seller hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE CertificateholdersDate. By accepting a Class CE Certificate, each Class CE Certificateholder The Seller further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Eligible Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (eg). (f) For federal tax return and information reporting, the right of the Holders of the Class I-A-1 Certificates and Class I-A-2 Certificates to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $56,000.00.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities, Inc. Mortgage Loan Trust, Series 2005-Ar1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated non-interest bearing trust account titled, “Reserve Fund, Xxxxx Fargo BankDeutsche Bank National Trust Company, National Associationas Trustee, in trust for the registered holders Holders of Deutsche Alt-A Securities, Inc. Long Beach Mortgage Loan TrustTrust 2005-WL3, Asset-Backed Certificates, Series 20062005-AR2WL3.” The Trustee shall account for the right to receive payments from the Reserve Fund as property that the Trustee holds separate and apart from the REMIC Regular Interests. (a) The following amounts shall be deposited into the Reserve Fund: (i) On each Distribution Date, Mortgage Pass-Through Certificates”. the Trustee shall deposit all amounts received with respect to the Cap Agreements; (ii) On the Closing Date, the Depositor will deposit shall deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000.; (biii) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to any of the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates, the Securities Administrator will Trustee has been directed by the Holders of the Class C Certificates to, and therefore shall, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(d)(i)(ll), rather than distributing such amounts to the Class CE Certificateholders. ; and (iv) On each such Distribution DateDate as to which there are no Net WAC Rate Carryover Amounts, the Securities Administrator Trustee shall hold all such amounts for deposit into the benefit Reserve Fund on behalf of the Holders of the Class A Certificates and the Class M C Certificates, and will distribute from amounts otherwise distributable to such amounts to the Holders of the Class A Certificates and the Class M Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii). (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by REMIC IV to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M C Certificates, all an amount such that when added to other amounts remaining already on deposit in the Reserve Fund will be released by Fund, the Trust Fund and distributed aggregate amount on deposit therein is equal to the Class CE Certificateholders or their designees. $1,000. (b) The Reserve Fund will shall be part segregated into two separate portions, for which the Trustee shall keep separate accounts. “Portion 1” of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund shall consist of amounts deposited pursuant to Section 3.26(a)(i), above, plus any amounts earned on any such funds while on deposit in the Reserve Fund. “Portion 2” of the Reserve Fund shall consist of amounts described above deposited pursuant to Sections 3.26(a)(ii), (a)(iii), and (a)(iv), above, plus any amounts earned on each Distribution Date rather than distributing any such amounts funds while on deposit in the Reserve Fund. Amounts distributed from the Reserve Fund under Sections 4.01(d)(ii) and 3.26(c) shall be deemed to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency be distributed first from Portion 1 of which is acknowledged by such acceptance. (e) The Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, extent thereof and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn then from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e)Portion 2.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2005-Wl3)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated non-interest bearing trust account titled, “Reserve Fund, Xxxxx Fargo Bank, LaSalle Bank National Association, as Trustee, in trust for the registered holders of Deutsche AltWashington Mutual Asset-A Securities, Inc. Mortgage Loan TrustBacked Certificates WMABS, Series 2006-AR2, Mortgage Pass-Through Certificates”. 2006‑HE1.” The Trustee shall account for the right to receive payments from the Reserve Fund as property that the Trustee holds separate and apart from the REMIC Regular Interests. (a) The following amounts shall be deposited into the Reserve Fund: (i) On the Closing Date, the Depositor will deposit Company shall deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000.; (bii) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to any of the Class A Certificates or the Class M Mezzanine Certificates, the Securities Administrator will Trustee has been directed by the Holders of the Class C Certificates to, and therefore shall, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F), rather than distributing such amounts to the Class CE Certificateholders. 4.05; and (iii) On each such Distribution DateDate as to which there are no Net WAC Rate Carryover Amounts, the Securities Administrator Trustee shall hold all such amounts for deposit into the benefit Reserve Fund on behalf of the Holders of the Class A Certificates and the Class M C Certificates, and will distribute from amounts otherwise distributable to such Class C Certificates, an amount such that when added to other amounts to the Holders of the Class A Certificates and the Class M Certificates already on deposit in the amounts and priorities set forth in Reserve Fund, the last paragraph of Section 4.1(a)(iii)aggregate amount on deposit therein is equal to $1,000. (cb) The Reserve Fund shall be treated as an “outside reserve fund” under applicable Treasury regulations and shall not be part of any REMIC created hereunder. For federal and state income tax purposes, the Holders of the Class CE Certificateholders will C Certificates shall be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC III to REMIC IV in respect of the Class C Interest, and then distributed by REMIC IV to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundFor federal and state income tax purposes, or the payment payments in full respect of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1860G(a)(1). (dc) By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder hereby agrees that C Certificate shall be deemed to have directed the Securities Administrator will Trustee to, and the Trustee shall pursuant to such direction, deposit into the Reserve Fund the amounts described in Section 3.22(a)(ii) and (a)(iii) above on each Distribution Date rather than distributing such amounts to the Class CE CertificateholdersDate. By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder C Certificate further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (ed) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Eligible Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in the Reserve Fund in Eligible Investments managed by the Trustee or an Affiliate of the kind described in clauses (iii) or (vii) of the definition of Eligible Investments. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause . (e)) For federal tax return and information reporting, the right of the Certificateholders to receive payment on account of the Class A Certificates and the Mezzanine Certificates from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Washington Mutual Asset-Backed Certificates, WMABS Series 2006-He1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, "Reserve Fund, Xxxxx Wells Fargo Bank, National AssociationN.A., in trust xxxxt for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062005-AR2RM1, Mortgage Asset Backed Pass-Through Certificates”. ." On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Securities Administrator under the Group I Cap Contract and deposited into Reserve Fund for the benefit of the Class A-1 Certificates, Mezzanine Certificates and the Class B Certificates and under the Group II Cap Contract and deposited in the Reserve Fund for the benefit of the Class A-2 Certificates, the Mezzanine Certificates and the Class B Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(a)(7)(vi), rather than distributing such amounts to the Class CE Certificateholders, and Section 5.01(a)(7)(vii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates, B Certificates and will distribute such amounts to the Holders of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates B Certificates, in the amounts and priorities set forth in Section 5.01(a). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) and any amounts paid to the Reserve Fund from the Cap Contracts shall be treated as amounts distributed by REMIC IV II to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates, the Mezzanine Certificates and the Class M B Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders, the Mezzanine Certificateholders and Class B Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $80,000 with respect to Certificates covered by the Group I Cap Contract and $32,000 with respect to Certificates covered by the Group II Cap Contract.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp Series Home Equity Trust 2005-Rm1)

Reserve Fund. (a) No later than On or before the Closing Date, the Securities Administrator Trustee shall establish and maintain a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for Fund on behalf of the registered holders Holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2006-AR2, Mortgage Pass-Through the Certificates. On the Closing Date, the Depositor will deposit or shall cause to be deposited into the Reserve Fund an amount equal to $1,000. (b) the Reserve Fund Deposit to be deposited in the Reserve Fund. The Reserve Fund shall be an Eligible Account. The Reserve Fund shall be entitled “Reserve Fund, LaSalle Bank National Association, as Trustee for the benefit of holders of SACO I Trust, 2005-WM1, Mortgage Pass-Through Certificates, Series 2005-WM1”. On each Distribution Date as to which there is a Net WAC Rate Carryover Basis Risk Shortfall Carry Forward Amount payable to the any Class A Certificates or the of Class A, Class M and Class B Certificates, the Securities Administrator will Trustee shall deposit the amounts distributable pursuant to clause (C) of Section 5.04(a)(3) into the Reserve Fund and the amounts described in Section 4.1(a)(iii)(F), rather than distributing such amounts to Trustee has been directed by the Class CE Certificateholders. On each such Distribution Date, C Certificateholder to distribute amounts in the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, and will distribute such amounts Reserve Fund to the Holders of the Class A Certificates and the A, Class M and Class B Certificates in the amounts and priorities set forth in the last paragraph clause (C) of Section 4.1(a)(iii5.04(a)(3). (c) For federal . Any amount paid to the Holders of Class A, Class M and state income tax purposes, Class B Certificates pursuant to the Class CE Certificateholders will be deemed to be the owners preceding sentence in respect of the Reserve Fund and all amounts deposited into the Reserve Fund Basis Risk Shortfall Carry Forward Amounts shall be treated as amounts distributed to the Class C Certificateholder in respect of the Class C Certificates and paid by REMIC IV the Class C Certificateholder to the Holders of the Class CE Certificates. Upon the termination of the Trust FundA, or the payment in full of the Class A Certificates and the Class M and Class B Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designeesas applicable. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any Any payments to the Holders of the Class A Certificates or the A, Class M and Class B Certificates in respect of Net WAC Rate Carryover Basis Risk Shortfall Carry Forward Amounts will pursuant to the second preceding sentence shall not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1)) of the Code. (db) By accepting a The Reserve Fund is an “outside reserve fund” within the meaning of Treasury Regulation Section 1.860G-2(h) and shall be an asset of the Trust Fund but not an asset of any REMIC. The Trustee on behalf of the Trust shall be the nominal owner of the Reserve Fund. The Class CE CertificateC Certificateholder shall be the beneficial owner of the Reserve Fund, each Class CE Certificateholder hereby agrees that subject to the Securities Administrator will deposit into power of the Trustee to transfer amounts under Section 5.04. Amounts in the Reserve Fund shall, at the amounts described above on each Distribution Date rather than distributing such amounts to written direction of the Class CE Certificateholders. By accepting a Class CE CertificateC Certificateholder, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds be invested in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) that mature no later than the Business Day immediately preceding prior to the date next succeeding Distribution Date. In the absence of written instructions, amounts on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than deposit in the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investmentReserve Fund shall remain uninvested. All net income and gain from such investments shall be distributed to the Class C Certificateholders, not as a distribution in respect of any interest in any REMIC, on such Distribution Date. All amounts earned upon on amounts on deposit in the Reserve Fund shall be taxable to the Class C Certificateholder. Any losses on such investment investments shall be deposited into in the Reserve Fund. In no event shall Fund by the Securities Administrator be liable for any investments made pursuant to this clause (e)Class C Certificateholder out of its own funds immediately as realized.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Saco I Trust, 2005-Wm1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, "Reserve Fund, Xxxxx Wells Fargo Bank, National AssociationN.A., in trust for trxxx xor the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062005-AR2HE1, Mortgage Asset Backed Pass-Through Certificates”. ." On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. In addition, the amount 104 deposited in the Reserve Fund shall be increased by any payments received by the Securities Administrator under the Group I Cap Contract and deposited into Reserve Fund for the benefit of the Class A-1 Certificates, Mezzanine Certificates and the Class B Certificates and under the Group II Cap Contract and deposited in the Reserve Fund for the benefit of the Class A-2 Certificates, the Mezzanine Certificates and the Class B Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(a)(7)(vi), rather than distributing such amounts to the Class CE Certificateholders, and Section 5.01(a)(7)(vii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates, B Certificates and will distribute such amounts to the Holders of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates B Certificates, in the amounts and priorities set forth in Section 5.01(a). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) and any amounts paid to the Reserve Fund from the Cap Contracts shall be treated as amounts distributed by REMIC IV II to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates, the Mezzanine Certificates and the Class M B Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to 105 this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders, the Mezzanine Certificateholders and Class B Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $90,000 with respect to Certificates covered by the Group I Cap Contract and $55,000 with respect to Certificates covered by the Group II Cap Contract.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp Home Equity Series 2005-He1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, "Reserve Fund, Xxxxx Wxxxx Fargo Bank, National AssociationN.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062005-AR2HE7, Mortgage Asset Backed Pass-Through Certificates”. ." On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(c)(8)(vi), rather than distributing such amounts to the Class CE Certificateholders, and Section 5.01(c)(8)(vii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, Mezzanine Certificates and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates Mezzanine Certificates, in the amounts and priorities set forth in Section 5.01(a). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to 1,000. (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of 1,000) shall be treated as amounts distributed by REMIC IV II to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of 70,000 with respect to the Certificates covered by the Swap Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2005-He7)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee shall establish and maintain with itself a separate, segregated trust account titled, "Reserve Fund, Xxxxx Fargo BankNorwest Bank Minnesota, National Association, as Trustee, in trust for the registered holders Holders of Deutsche Alt-A Securities, Inc. Option One Mortgage Loan TrustTrust 2000-1, Asset-Backed Certificates, Series 20060000-AR2, Mortgage Pass-Through Certificates”. On 0." Xx the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) . On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Mezzanine Certificates, the Securities Administrator will Trustee has been directed by the Class C Certificateholders to, and therefore will, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(d)(viii), rather than distributing such amounts to the Class CE C Certificateholders. On each such Distribution Date, the Securities Administrator Trustee shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Mezzanine Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Mezzanine Certificates in the amounts and priorities set forth in Section 4.01(d). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Trustee shall deposit into the Reserve Fund on behalf of Section 4.1(a)(iii). (c) the Class C Certificateholders, from amounts otherwise distributable to the Class C Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. For federal and state income tax purposes, the Class CE C Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV 4 to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundTrust, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE C Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) . By accepting a Class CE C Certificate, each Class CE C Certificateholder hereby agrees that to direct the Securities Administrator will Trustee, and the Trustee hereby is directed, to deposit into the Reserve Fund the amounts described above on each Distribution Date as to which there is any Net WAC Rate Carryover Amount rather than distributing such amounts to the Class CE C Certificateholders. By accepting a Class CE C Certificate, each Class CE C Certificateholder further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator . At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investmentTrustee is the obligor thereon, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises Trustee is the obligor thereon. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in such investmentaccount in Permitted Investments of the kind described in clause (vi) of the definition of Permitted Investments with a maturity date no later than the second Business Day preceding each Distribution Date. All income For federal tax return and gain earned upon such investment information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund in respect of any Net Wac Rate Carryover Amount shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e)assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Option One Mort Accep Corp Asset Backed Cert Ser 2000-1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated non-interest bearing trust account titled, “Reserve Fund, Xxxxx Fargo BankDeutsche Bank National Trust Company, National Associationas Trustee, in trust for the registered holders Holders of Deutsche Alt-A Securities, Inc. Long Beach Mortgage Loan TrustTrust 2006‑11, Asset‑Backed Certificates, Series 2006-AR2, Mortgage Pass-Through Certificates”. 2006‑11.” The Trustee shall account for the right to receive payments from the Reserve Fund as property that the Trustee holds separate and apart from the REMIC Regular Interests. (a) The following amounts shall be deposited into the Reserve Fund: (i) On the Closing Date, the Depositor will deposit shall deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000.; (bii) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to any of the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates, the Securities Administrator will Trustee has been directed by the Holders of the Class C Certificates to, and therefore shall, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(d)(i)(y), rather than distributing such amounts to the Class CE Certificateholders. ; and (iii) On each such Distribution DateDate as to which there are no Net WAC Rate Carryover Amounts, the Securities Administrator Trustee shall hold all such amounts for deposit into the benefit Reserve Fund on behalf of the Holders of the Class A Certificates and the Class M C Certificates, and will distribute from amounts otherwise distributable to such Class C Certificates, an amount such that when added to other amounts to the Holders of the Class A Certificates and the Class M Certificates already on deposit in the amounts and priorities set forth in Reserve Fund, the last paragraph of Section 4.1(a)(iii)aggregate amount on deposit therein is equal to $1,000. (cb) The Reserve Fund shall be treated as an “outside reserve fund” under applicable Treasury regulations and shall not be part of any REMIC created hereunder. For federal and state income tax purposes, the Holders of the Class CE Certificateholders will C Certificates shall be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV 3 to REMIC CX in respect of the Class C Interest, and then distributed by REMIC CX to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundFor federal and state income tax purposes, or the payment payments in full respect of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M B Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1860G(a)(1). (dc) By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder hereby agrees that C Certificate shall be deemed to have directed the Securities Administrator will Trustee to, and the Trustee shall pursuant to such direction, deposit into the Reserve Fund the amounts described in Section 3.26(a)(ii) and (a)(iii) above on each Distribution Date rather than distributing such amounts to the Class CE CertificateholdersDate. By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder C Certificate further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (ed) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in the Reserve Fund in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. Notwithstanding the foregoing, any funds in the Reserve Fund shall be invested in Deutsche Bank Cash Management Fund 541 for so long as such investment complies with clause (vi) of the definition of Permitted Investments. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause . (e)) For federal tax return and information reporting, the right of the Certificateholders to receive payment on account of the Class A Certificates, the Mezzanine Certificates and the Class B Certificates from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2006-11)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated non-interest bearing trust account titled, “Reserve Fund, Xxxxx Fargo Bank, LaSalle Bank National Association, as Trustee, in trust for the registered holders of Deutsche AltWashington Mutual Asset-A Securities, Inc. Mortgage Loan TrustBacked Certificates WMABS, Series 2006-AR2, Mortgage Pass-Through Certificates”. 2006‑HE2.” The Trustee shall account for the right to receive payments from the Reserve Fund as property that the Trustee holds separate and apart from the REMIC Regular Interests. (a) The following amounts shall be deposited into the Reserve Fund: (i) On the Closing Date, the Depositor will deposit Company shall deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000.; (bii) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to any of the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates, the Securities Administrator will Trustee has been directed by the Holders of the Class C Certificates to, and therefore shall, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F), rather than distributing such amounts to the Class CE Certificateholders. 4.05; and (iii) On each such Distribution DateDate as to which there are no Net WAC Rate Carryover Amounts, the Securities Administrator Trustee shall hold all such amounts for deposit into the benefit Reserve Fund on behalf of the Holders of the Class A Certificates and the Class M C Certificates, and will distribute from amounts otherwise distributable to such Class C Certificates, an amount such that when added to other amounts to the Holders of the Class A Certificates and the Class M Certificates already on deposit in the amounts and priorities set forth in Reserve Fund, the last paragraph of Section 4.1(a)(iii)aggregate amount on deposit therein is equal to $1,000. (cb) The Reserve Fund shall be treated as an “outside reserve fund” under applicable Treasury regulations and shall not be part of any REMIC created hereunder. For federal and state income tax purposes, the Holders of the Class CE Certificateholders will C Certificates shall be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC III to REMIC IV in respect of the Class C Interest, and then distributed by REMIC IV to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundFor federal and state income tax purposes, or the payment payments in full respect of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M B Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1860G(a)(1). (dc) By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder hereby agrees that C Certificate shall be deemed to have directed the Securities Administrator will Trustee to, and the Trustee shall pursuant to such direction, deposit into the Reserve Fund the amounts described in Section 3.22(a)(ii) and (a)(iii) above on each Distribution Date rather than distributing such amounts to the Class CE CertificateholdersDate. By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder C Certificate further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (ed) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Eligible Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in the Reserve Fund in Eligible Investments managed by the Trustee or an Affiliate of the kind described in clauses (iii) or (vii) of the definition of Eligible Investments. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause . (e)) For federal tax return and information reporting, the right of the Certificateholders to receive payment on account of the Class A Certificates, the Mezzanine Certificates and the Class B Certificates from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Washington Mutual Asset-Backed Certificates, WMABS Series 2006-He2)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 2006-AR2ASAP5, Mortgage Asset Backed Pass-Through Certificates”. .” On the Closing Date, the Depositor will deposit deposit, or cause to be deposited, into the Reserve Fund $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Securities Administrator under the Group IA Cap Contract and deposited into the Reserve Fund an amount equal to $1,000for the benefit of the Class A-1A Certificates and the Mezzanine Certificates, under the Group IB Cap Contract and deposited into the Reserve Fund for the benefit of the Class A-1B Certificates and the Mezzanine Certificates and under the Group II Cap Contract and deposited in the Reserve Fund for the benefit of the Class A-2 Certificates and the Mezzanine Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(c)(8)(vi), rather than distributing such amounts to the Class CE CertificateholdersCertificateholders pursuant to Section 5.01(c)(8)(viii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, Mezzanine Certificates and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates Mezzanine Certificates, in the amounts and priorities set forth in Section 5.01(c). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For The Reserve Fund constitutes an “outside reserve fund” within the meaning of Treasury Regulation § 1.860G-2(h) and is not an asset of any REMIC. It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Reserve Fund be disregarded as an entity separate from the Holder of the Class CE Certificateholders will be deemed Certificates unless and until the date when either (a) there is more than one Class CE Certificateholder or (b) any Class of Certificates in addition to be the owners of Class CE Certificates is recharacterized as an equity interest in the Reserve Fund for federal income tax purposes, in which case it is the intention of the parties hereto that, for federal and all state income and state and local franchise tax purposes, the Reserve Fund be treated as a partnership. The Master Servicer shall not be required to prepare and file partnership tax returns in respect of such partnership unless it receives additional reasonable compensation (not to exceed $10,000 per year) for the preparation of such filings, written notification recognizing the creation of a partnership agreement or comparable documentation evidencing the partnership. All amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000 and any amounts paid to the Reserve Fund from the Cap Contracts) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution Depository Institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund and the Supplemental Interest Trust in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $1000. (g) In the event that a Cap Contract is terminated prior to the Distribution Date in March 2007, the Securities Administrator, at the direction of the Depositor, shall use reasonable efforts to appoint a successor cap counterparty using any cap agreement termination payments paid by the Cap Counterparty. If the Securities Administrator is unable to locate a qualified successor cap counterparty within thirty (30) days of the Early Termination Date (as defined in the Cap Contract), any cap agreement termination payments paid by the Cap Counterparty will be deposited into a separate non-interest bearing Eligible Account and the Securities Administrator, on each subsequent Distribution Date (until the termination date of the Cap Contract or the appointment of a successor cap counterparty), will withdraw from the amount then remaining on deposit in such reserve account an amount equal to the payment, if any, that would have been paid to the Securities Administrator by the original Cap Counterparty calculated in accordance with the terms of the original Cap Contract, and distribute such amount to the holders of the Certificates in accordance with Section 5.01.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Asap5)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Securities Mortgage Loan Trust, Series 20062007-AR2OA5, Mortgage Pass-Through Certificates”. On the Closing Date, the Depositor will deposit or cause to be deposited into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Certificates, the Securities Administrator will deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.1(a)(iii)(f), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii4.1(a)(iv). (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by the Master REMIC IV to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator Administrator, as directed by the majority Holder of the Class CE Certificates, shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust Series 2007-Oa5 /DE)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, "Reserve Fund, Xxxxx Fargo BankBank Minnesota, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 20062003-AR24XS, Mortgage Pass-Through Certificates”. ." On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Certificates, the Securities Administrator will deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.1(a)(iii)(G), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates Certificates, other than the Class A-IO Certificates, and the Class M Certificates, and will distribute such amounts to the Holders of the Class A Certificates Certificates, other than the Class A-IO Certificates, and the Class M Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the Securities Administrator shall deposit, based on the instructions received by it from the Securities Administrator, into the Reserve Fund on behalf of the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Class M Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Alt a Securities Inc Mort Loan Trust Ser 2003-4xs)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 2006-AR2ASL1, Mortgage Asset Backed Pass-Through Certificates”. .” On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(b)(5)(vi), rather than distributing such amounts to the Class CE CertificateholdersCE-1 Certificateholders pursuant to Section 5.01(b)(5)(viii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, Mezzanine Certificates and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates Mezzanine Certificates, in the amounts and priorities set forth in Section 5.01(b). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE-1 Certificateholders, from amounts otherwise distributable to the Class CE-1 Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For The Reserve Fund constitutes an “outside reserve fund” within the meaning of Treasury Regulation § 1.860G-2(h) and is not an asset of any REMIC. It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Reserve Fund be disregarded as an entity separate from the Holder of the Class CE Certificateholders will be deemed CE-1 Certificates unless and until the date when either (a) there is more than one Class CE-1 Certificateholder or (b) any Class of Certificates in addition to be the owners of Class CE-1 Certificates is recharacterized as an equity interest in the Reserve Fund for federal income tax purposes, in which case it is the intention of the parties hereto that, for federal and all state income and state and local franchise tax purposes, the Reserve Fund be treated as a partnership. All amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE CE-1 Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE CE-1 Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE CE-1 Certificate, each Class CE CE-1 Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE CE-1 Certificateholders. By accepting a Class CE CE-1 Certificate, each Class CE CE-1 Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE-1 Certificates, the Securities Administrator shall direct any depository institution Depository Institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE-1 Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $13,200 with respect to such Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Asl1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated non-interest bearing trust account titled, “Reserve Fund, Xxxxx Fargo BankDeutsche Bank National Trust Company, National Associationas Trustee, in trust for the registered holders Holders of Deutsche Alt-A Securities, Inc. Long Beach Mortgage Loan TrustTrust 2006‑6, Asset‑Backed Certificates, Series 2006-AR2, Mortgage Pass-Through Certificates”. 2006‑6.” The Trustee shall account for the right to receive payments from the Reserve Fund as property that the Trustee holds separate and apart from the REMIC Regular Interests. (a) The following amounts shall be deposited into the Reserve Fund: (i) On the Closing Date, the Depositor will deposit shall deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000.; (bii) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to any of the Class A Certificates or the Class M Mezzanine Certificates, the Securities Administrator will Trustee has been directed by the Holders of the Class C Certificates to, and therefore shall, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(d)(i)(y), rather than distributing such amounts to the Class CE Certificateholders. ; and (iii) On each such Distribution DateDate as to which there are no Net WAC Rate Carryover Amounts, the Securities Administrator Trustee shall hold all such amounts for deposit into the benefit Reserve Fund on behalf of the Holders of the Class A Certificates and the Class M C Certificates, and will distribute from amounts otherwise distributable to such Class C Certificates, an amount such that when added to other amounts to the Holders of the Class A Certificates and the Class M Certificates already on deposit in the amounts and priorities set forth in Reserve Fund, the last paragraph of Section 4.1(a)(iii)aggregate amount on deposit therein is equal to $1,000. (cb) The Reserve Fund shall be treated as an “outside reserve fund” under applicable Treasury regulations and shall not be part of any REMIC created hereunder. For federal and state income tax purposes, the Holders of the Class CE Certificateholders will C Certificates shall be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV 3 to REMIC CX in respect of the Class C Interest, and then distributed by REMIC CX to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundFor federal and state income tax purposes, or the payment payments in full respect of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1860G(a)(1). (dc) By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder hereby agrees that C Certificate shall be deemed to have directed the Securities Administrator will Trustee to, and the Trustee shall pursuant to such direction, deposit into the Reserve Fund the amounts described in Section 3.26(a)(ii) and (a)(iii) above on each Distribution Date rather than distributing such amounts to the Class CE CertificateholdersDate. By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder C Certificate further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (ed) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in the Reserve Fund in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. Notwithstanding the foregoing, any funds in the Reserve Fund shall be invested in Deutsche Bank Cash Management Fund 541 for so long as such investment complies with clause (vi) of the definition of Permitted Investments. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause . (e)) For federal tax return and information reporting, the right of the Certificateholders to receive payment on account of the Class A Certificates and the Mezzanine Certificates from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2006-6)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated non-interest bearing trust account titled, “Reserve Fund, Xxxxx Fargo Bank, LaSalle Bank National Association, as Trustee, in trust for the registered holders of Deutsche AltWashington Mutual Asset-A Securities, Inc. Mortgage Loan TrustBacked Certificates WMABS, Series 2006-AR2, Mortgage Pass-Through Certificates”. 2006‑HE3.” The Trustee shall account for the right to receive payments from the Reserve Fund as property that the Trustee holds separate and apart from the REMIC Regular Interests. (a) The following amounts shall be deposited into the Reserve Fund: (i) On the Closing Date, the Depositor will deposit Company shall deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000.; (bii) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to any of the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates, the Securities Administrator will Trustee has been directed by the Holders of the Class C Certificates to, and therefore shall, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F), rather than distributing such amounts to the Class CE Certificateholders. 4.05; and (iii) On each such Distribution DateDate as to which there are no Net WAC Rate Carryover Amounts, the Securities Administrator Trustee shall hold all such amounts for deposit into the benefit Reserve Fund on behalf of the Holders of the Class A Certificates and the Class M C Certificates, and will distribute from amounts otherwise distributable to such Class C Certificates, an amount such that when added to other amounts to the Holders of the Class A Certificates and the Class M Certificates already on deposit in the amounts and priorities set forth in Reserve Fund, the last paragraph of Section 4.1(a)(iii)aggregate amount on deposit therein is equal to $1,000. (cb) The Reserve Fund shall be treated as an “outside reserve fund” under applicable Treasury regulations and shall not be part of any REMIC created hereunder. For federal and state income tax purposes, the Holders of the Class CE Certificateholders will C Certificates shall be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC III to REMIC IV in respect of the Class C Interest, and then distributed by REMIC IV to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundFor federal and state income tax purposes, or the payment payments in full respect of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M B Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1860G(a)(1). (dc) By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder hereby agrees that C Certificate shall be deemed to have directed the Securities Administrator will Trustee to, and the Trustee shall pursuant to such direction, deposit into the Reserve Fund the amounts described in Section 3.22(a)(ii) and (a)(iii) above on each Distribution Date rather than distributing such amounts to the Class CE CertificateholdersDate. By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder C Certificate further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (ed) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Eligible Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in the Reserve Fund in Eligible Investments managed by the Trustee or an Affiliate of the kind described in clauses (iii) or (vii) of the definition of Eligible Investments. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause . (e)) For federal tax return and information reporting, the right of the Certificateholders to receive payment on account of the Class A Certificates, the Mezzanine Certificates and the Class B Certificates from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Washington Mutual Asset-Backed Certificates, WMABS Series 2006-He3)

Reserve Fund. (a) No later than the Closing Date, the Securities Trust Administrator shall establish and maintain with itself, as agent for the Trustee, a separate, segregated trust account titled, "Reserve Fund, Xxxxx Fargo BankCitibank, N.A., as agent for U.S. Bank National Association, as Trustee, in trust for the registered holders of Deutsche Alt-A SecuritiesSalomon Brothers Mortgage Securities VII, Inc. Mortgage Inc., Salomon Home Equity Loan Trust, Series 20062001-AR21, Mortgage PassAsset Bacxxx Xxxx-Through Xxxxugh Certificates”. ." On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to Fund, $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A AV-1 Certificates or the Class M Group II Mezzanine Certificates, the Securities Trust Administrator will has been directed by the Class OCV Certificateholders to, and therefore will, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(a)(4)(B)(xii), rather than distributing such amounts to the Class CE OCV Certificateholders. On each such Distribution Date, the Securities Trust Administrator shall hold all such amounts for the benefit of the Holders of the Class A AV-1 Certificates and the Class M Group II Mezzanine Certificates, and will distribute such amounts to the Holders of the Class A AV-1 Certificates and the Class M Group II Mezzanine Certificates in the amounts and priorities set forth in Section 4.01(a). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Trust Administrator shall deposit into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class OCV Certificateholders, from amounts otherwise distributable to the Class OCV Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE OCV Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV II to the Holders of the Class CE OCV Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A AV-1 Certificates and the Class M Group II Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE OCV Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A AV-1 Certificates or the Class M Group II Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE OCV Certificate, each Class CE OCV Certificateholder hereby agrees that to direct the Securities Trust Administrator, and the Trust Administrator will hereby is directed to deposit into the Reserve Fund the amounts described above on each Distribution Date as to which there is any Net WAC Rate Carryover Amount rather than distributing such amounts to the Class CE OCV Certificateholders. By accepting a Class CE OCV Certificate, each Class CE OCV Certificateholder further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities At the direction of the Holders of a majority in Percentage Interest in the Class OCV Certificates, the Trust Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Trust Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Trust Administrator or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class OCV Certificates with respect to the Reserve Fund is received by the Trust Administrator, the Trust Administrator shall invest the funds in such account in Permitted Investments managed by the Trust Administrator or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event . (f) For federal tax return and information reporting, the right of the Class AV-1 Certificateholders and the Group II Mezzanine Certificateholders to receive payments from the Reserve Fund in respect of any Net Wac Rate Carryover Amount shall the Securities Administrator be liable for any investments made pursuant to this clause (e)assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Brothers Mort Sec Inc Salomon Home Equ Ln Tr 2001-1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee shall establish and maintain a separate, segregated trust account titled, "Reserve Fund, Xxxxx Fargo BankBank One, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062002-AR2HE1, Mortgage Asset Backed Pass-Through Certificates”. ." On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount Basis Risk Shortfall amount or an Unpaid Basis Risk Shortfall amount payable to the Class A Certificates or the Class M Mezzanine Certificates, the Securities Administrator will Trustee has been directed by the Class CE Certificateholders to, and therefore will, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(a)(4)(xii), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator Trustee shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Mezzanine Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Mezzanine Certificates in the amounts and priorities set forth in Section 4.01(a). If no Basis Risk Shortfall amounts or Unpaid Basis Risk Shortfall amounts are payable on a Distribution Date, the last paragraph Trustee shall deposit into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts Basis Risk Shortfall amounts or Unpaid Basis Risk Shortfall amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that to direct the Securities Administrator will Trustee, and the Trustee hereby is directed, to deposit into the Reserve Fund the amounts described above on each Distribution Date as to which there is any Basis Risk Shortfall amount or Unpaid Basis Risk Shortfall amount rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class CE Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in such account in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event . (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund in respect of any Basis Risk Shortfall amount of Unpaid Basis Risk Shortfall amount shall the Securities Administrator be liable for any investments made pursuant to this clause (e)assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ace Securities Corp Home Equity Loan Trust 2002- He1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trust Administrator, on behalf of the Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated trust account titled, "Reserve Fund, Xxxxx Fargo Bankers Trust Company of California, N.A., as Trust Administrator for First Union National Bank, National Association, as Trustee in trust for the registered holders Holders of Deutsche Alt-A Securities, Inc. Long Beach Mortgage Loan TrustTrust 2000-1, Asset-Backed Certificates, Series 20062000-AR2, Mortgage Pass-Through Certificates”. 1." On the Closing Date, the Depositor will deposit Dexxxxxxx xxxll deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) . On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A AV-1 Certificates or the Class M Mezzanine Certificates, the Securities Trust Administrator will has been directed by the Class C Certificateholders to, and therefore will, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(d)(viii), rather than distributing such amounts to the Class CE C Certificateholders. On each such Distribution Date, the Securities Trust Administrator shall hold all such amounts for the benefit of the Holders of the Class A AV-1 Certificates and the Class M Mezzanine Certificates, and will distribute such amounts to the Holders of the Class A AV-1 Certificates and the Class M Mezzanine Certificates in the amounts and priorities set forth in Section 4.01(d). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Trust Administrator shall deposit into the Reserve Fund on behalf of Section 4.1(a)(iii). (c) the Class C Certificateholders, from amounts otherwise distributable to the Class C Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. For federal and state income tax purposes, the Class CE C Certificateholders will shall be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV 2 to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundTrust, or the payment in full of the Class A AV-1 Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund Administrator and distributed to the Class CE C Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A AV-1 Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) . By accepting a Class CE C Certificate, each Class CE C Certificateholder hereby agrees that shall be deemed to have directed the Securities Trust Administrator, and the Trust Administrator will shall pursuant to such direction, deposit into the Reserve Fund the amounts described above on each Distribution Date as to which there is any Net WAC Rate Carryover Amount rather than distributing such amounts to the Class CE C Certificateholders. By accepting a Class CE C Certificate, each Class CE C Certificateholder further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities . At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trust Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Trust Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Trust Administrator or an Affiliate manages or advises such investment. All income and gain earned upon If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trust Administrator, the Trust Administrator shall invest the funds in such investment account in Permitted Investments managed by the Trust Administrator or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. Notwithstanding the foregoing, any funds in the Reserve Fund shall be deposited into invested in Bankers Trust's Institutional Cash Management Fund 1679. For federal tax return and information reporting, the right of the Holders of the Class AV-1 Certificates and the Holders of the Mezzanine Certificates to receive payments from the Reserve Fund. In no event Fund in respect of any Net Wac Rate Carryover Amount shall the Securities Administrator be liable for any investments made pursuant to this clause (e)assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Securities Corp Asset Backed Certs Series 2000 1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain with itself a separate, segregated trust account titled, "Reserve Fund, Xxxxx Wells Fargo Bank, National AssociationN.A., as Securities Administrator, in trust for the registered holders regisxxxxx Holders of Deutsche AltSG Mortgage Securities Trust 2006-A SecuritiesFRE2, Inc. Mortgage Loan TrustAsset-Backed Certificates, Series 2006-AR2, Mortgage Pass-Through Certificates”. On the Closing Date, the Depositor will deposit or cause to FRE2" which shall be deposited into the Reserve Fund an amount equal to $1,000Eligible Account. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or and/or the Class M Mezzanine Certificates, the Securities Administrator will has been directed by the Class CE Certificateholders to, and therefore will, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(f)(vi), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Mezzanine Certificates, and will distribute such amounts to the Holders of the Class A Certificates and and/or the Class M Mezzanine Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii5.01(f). (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by the Upper Tier REMIC IV to the Holders of the Class CE Certificates. Upon the termination of the Trust FundTrust, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any either Trust REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1860G(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that to direct the Securities Administrator, and the Securities Administrator will hereby is directed, to deposit into the Reserve Fund the amounts described above on each Distribution Date as to which there is any Net WAC Rate Carryover Amount rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such If no investment shall be deposited into direction of the Holders of a majority in Percentage Interest in the Class CE Certificates with respect to the Reserve Fund. In no event shall Fund is received by the Securities Administrator, the Securities Administrator shall invest the funds in the Wells Fargo Advantage Prime Investment Money Market Fund so long as sucx xxxd is a Permitted Investment. (f) For federal tax return and information reporting, unless the Depositor informs the Securities Administrator otherwise, the value of the right of the Holders of the Class A and the Mezzanine Certificates to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be liable for any investments made pursuant to this clause (e)zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Sg Mortgage Securities Trust 2006-Fre2)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated non-interest bearing trust account titled, “Reserve Fund, Xxxxx Fargo Bank, LaSalle Bank National Association, as Trustee, in trust for the registered holders of Deutsche AltWashington Mutual Asset-A Securities, Inc. Mortgage Loan TrustBacked Certificates WMABS, Series 20062007-AR2, Mortgage Pass-Through Certificates”. HE1.” The Trustee shall account for the right to receive payments from the Reserve Fund as property that the Trustee holds separate and apart from the REMIC Regular Interests. (a) The following amounts shall be deposited into the Reserve Fund: (i) On the Closing Date, the Depositor will deposit Company shall deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000.; (bii) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to any of the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates, the Securities Administrator will Trustee has been directed by the Holders of the Class C Certificates to, and therefore shall, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F), rather than distributing such amounts to the Class CE Certificateholders. 4.05; and (iii) On each such Distribution DateDate as to which there are no Net WAC Rate Carryover Amounts, the Securities Administrator Trustee shall hold all such amounts for deposit into the benefit Reserve Fund on behalf of the Holders of the Class A Certificates and the Class M C Certificates, and will distribute from amounts otherwise distributable to such Class C Certificates, an amount such that when added to other amounts to the Holders of the Class A Certificates and the Class M Certificates already on deposit in the amounts and priorities set forth in Reserve Fund, the last paragraph of Section 4.1(a)(iii)aggregate amount on deposit therein is equal to $1,000. (cb) The Reserve Fund shall be treated as an “outside reserve fund” under applicable Treasury regulations and shall not be part of any REMIC created hereunder. For federal and state income tax purposes, the Holders of the Class CE Certificateholders will C Certificates shall be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC III to REMIC IV in respect of the Class C Interest, and then distributed by REMIC IV to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundFor federal and state income tax purposes, or the payment payments in full respect of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M B Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1860G(a)(1). (dc) By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder hereby agrees that C Certificate shall be deemed to have directed the Securities Administrator will Trustee to, and the Trustee shall pursuant to such direction, deposit into the Reserve Fund the amounts described in Section 3.22(a)(ii) and (a)(iii) above on each Distribution Date rather than distributing such amounts to the Class CE CertificateholdersDate. By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder C Certificate further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (ed) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Eligible Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in the Reserve Fund in Eligible Investments managed by the Trustee or an Affiliate of the kind described in clauses (iii) or (vii) of the definition of Eligible Investments. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause . (e)) For federal tax return and information reporting, the right of the Certificateholders to receive payment on account of the Class A Certificates, the Mezzanine Certificates and the Class B Certificates from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Washington Mutual Asset-Backed Certificates, WMABS Series 2007-He1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 2006-AR2SL4, Mortgage Asset Backed Pass-Through Certificates”. .” On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in clause sixth of Section 4.1(a)(iii)(F5.01(a)(6), rather than distributing such amounts to the Class CE CE-1 Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, Mezzanine Certificates and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates Mezzanine Certificates, in the amounts and priorities set forth in Section 5.01(a). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE-1 Certificateholders, from amounts otherwise distributable to the Class CE-1 Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Reserve Fund be disregarded as an entity separate from the Holder of the Class CE Certificateholders will be deemed CE-1 Certificates unless and until the date when either (a) there is more than one Class CE-1 Certificateholder or (b) any Class of Certificates in addition to be the owners of Class CE-1 Certificates is recharacterized as an equity interest in the Reserve Fund for federal income tax purposes, in which case it is the intention of the parties hereto that, for federal and all state income and state and local franchise tax purposes, the Reserve Fund be treated as a partnership. All amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE CE-1 Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE CE-1 Certificateholders or their designees. The Reserve Fund constitutes an “outside reserve fund” within the meaning of Treasury Regulation § 1.860G-2(h). The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE CE-1 Certificate, each Class CE CE-1 Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE CE-1 Certificateholders. By accepting a Class CE CE-1 Certificate, each Class CE CE-1 Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE-1 Certificates, the Securities Administrator shall direct any depository institution Depository Institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE-1 Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the holders of the Floating Rate Certificates and the Fixed Rate Certificates to receive payments from the Reserve Fund and the Supplemental Interest Trust in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $1,000.00.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Sl4)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo BankDeutsche Bank National Trust Company, National Associationas Trustee, in trust for the registered holders Holders of Deutsche Alt-A Securities, Inc. Long Beach Mortgage Loan TrustTrust 2005‑1, Asset‑Backed Certificates, Series 2006-AR22005‑1.” The Trustee shall account for the right to receive payments from the Reserve Fund as property that the Trustee holds separate and apart from the REMIC Regular Interests. (a) The following amounts shall be deposited into the Reserve Fund: (i) On each Distribution Date, Mortgage Pass-Through Certificates”. the Trustee shall deposit all amounts received with respect to the Cap Agreements; (ii) On the Closing Date, the Depositor will deposit shall deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000.; (biii) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to any of the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates, the Securities Administrator will Trustee has been directed by the Holders of the Class C Certificates to, and therefore shall, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(d)(i)(y), rather than distributing such amounts to the Class CE Certificateholders. ; and (iv) On each such Distribution DateDate as to which there are no Net WAC Rate Carryover Amounts, the Securities Administrator Trustee shall hold all such amounts for deposit into the benefit Reserve Fund on behalf of the Holders of the Class A Certificates and the Class M C Certificates, from amounts otherwise distributable to such Class C Certificates, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (b) The Reserve Fund shall be segregated into two separate portions, for which the Trustee shall keep separate accounts. “Portion 1” of the Reserve Fund shall consist of amounts deposited pursuant to Section 3.26(a)(i), above, plus any amounts earned on any such funds while on deposit in the Reserve Fund. “Portion 2” of the Reserve Fund shall consist of amounts deposited pursuant to Sections 3.26(a)(ii), (a)(iii), and will distribute (a)(iv), above, plus any amounts earned on any such amounts funds while on deposit in the Reserve Fund. Amounts distributed from the Reserve Fund under Sections 4.01(d)(ii) and 3.26(c) shall be deemed to be distributed first from Portion 1 of the Reserve Fund to the Holders of the Class A Certificates extent thereof and the Class M Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii)then from Portion 2. (c) Each Portion of the Reserve Fund shall be treated as an “outside reserve fund” under applicable Treasury regulations and shall not be part of any REMIC created hereunder. For federal and state income tax purposes, the Trustee shall be deemed to be the owner of Portion 1 of the Reserve Fund and no amount shall be transferred by any REMIC to Portion 1 of the Reserve Fund. For federal and state income tax purposes, the Holders of the Class CE Certificateholders will C Certificates shall be deemed to be the owners of Portion 2 of the Reserve Fund and all amounts deposited into Portion 2 of the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV 2 to REMIC CX in respect of the Class C Interest, and then distributed by REMIC CX to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundFor federal and state income tax purposes, or the payment payments in full respect of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M B Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1860G(a)(1). (d) By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder hereby agrees that C Certificate shall be deemed to have directed the Securities Administrator will Trustee to, and the Trustee shall pursuant to such direction, deposit into the Reserve Fund the amounts described in Section 3.26(a)(iii) and (a)(iv) above on each Distribution Date rather than distributing such amounts to the Class CE CertificateholdersDate. By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder C Certificate further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining Portion 2 of the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to Portion 2 of the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in Portion 2 of the Reserve Fund in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. Notwithstanding the foregoing, any funds in Portion 2 of the Reserve Fund shall be invested in Deutsche Bank Cash Management Fund 541 for so long as such investment complies with clause (vi) of the definition of Permitted Investments. All income and gain earned upon such investment shall be deposited into Portion 2 of the Reserve Fund. In no event The Trustee shall hold the Securities Administrator funds in Portion 1 of the Reserve Fund uninvested in an Eligible Account. (f) For federal tax return and information reporting, the right of the Certificateholders to receive payment on account of the Class A Certificates, the Mezzanine Certificates and the Class B Certificates from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be liable for any investments made pursuant to this clause (e)assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2005-1, Asset-Backed Certs., Series 2005-1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062007-AR2HE4, Mortgage Asset Backed Pass-Through Certificates”. .” On the Closing Date, the Depositor will deposit deposit, or cause to be deposited, into the Reserve Fund $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Securities Administrator under the Group I Cap Contract and deposited into the Reserve Fund an amount equal to $1,000for the benefit of the Class A-1 Certificates and the Mezzanine Certificates and under the Group II Cap Contract and deposited in the Reserve Fund for the benefit of the Class A-2 Certificates and the Mezzanine Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(c)(8)(vi), rather than distributing such amounts to the Class CE CertificateholdersCE-1 Certificateholders pursuant to Section 5.01(c)(8)(viii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, Mezzanine Certificates and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates Mezzanine Certificates, in the amounts and priorities set forth in Section 5.01(c). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE-1 Certificateholders, from amounts otherwise distributable to the Class CE-1 Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For The Reserve Fund constitutes an “outside reserve fund” within the meaning of Treasury Regulation § 1.860G-2(h) and is not an asset of any REMIC. It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Reserve Fund be disregarded as an entity separate from the Holder of the Class CE Certificateholders will be deemed CE-1 Certificates unless and until the date when either (a) there is more than one Class CE-1 Certificateholder or (b) any Class of Certificates in addition to be the owners of Class CE-1 Certificates is recharacterized as an equity interest in the Reserve Fund for federal income tax purposes, in which case it is the intention of the parties hereto that, for federal and all state income and state and local franchise tax purposes, the Reserve Fund be treated as a partnership. The Master Servicer shall not be required to prepare and file partnership tax returns in respect of such partnership unless it receives additional reasonable compensation (not to exceed $10,000 per year) for the preparation of such filings, written notification recognizing the creation of a partnership agreement or comparable documentation evidencing the partnership. All amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000 and any amounts paid to the Reserve Fund from the Cap Contracts) shall be treated as amounts distributed by REMIC IV to the Holders of the Class CE CE-1 Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE CE-1 Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE CE-1 Certificate, each Class CE CE-1 Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE CE-1 Certificateholders. By accepting a Class CE CE-1 Certificate, each Class CE CE-1 Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE-1 Certificates, the Securities Administrator shall direct any depository institution Depository Institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE-1 Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund and the Supplemental Interest Trust in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $12,000. (g) In the event that a Cap Contract is terminated prior to the Distribution Date in October 2007, the Securities Administrator, at the direction of the Depositor, shall use reasonable efforts to appoint a successor cap counterparty using any cap agreement termination payments paid by the Cap Counterparty. If the Securities Administrator is unable to locate a qualified successor cap counterparty within thirty (30) days of the Early Termination Date (as defined in the Cap Contract), any cap agreement termination payments paid by the Cap Counterparty will be deposited into a separate non-interest bearing Eligible Account and the Securities Administrator, on each subsequent Distribution Date (until the termination date of the Cap Contract or the appointment of a successor cap counterparty), will withdraw from the amount then remaining on deposit in such reserve account an amount equal to the payment, if any, that would have been paid to the Securities Administrator by the original Cap Counterparty calculated in accordance with the terms of the original Cap Contract, and distribute such amount to the holders of the Certificates in accordance with Section 5.01. (h) In the event that the Cap Counterparty fails to perform any of its obligations under a Cap Contract (including, without limitation, its obligation to make any payment or transfer collateral), or breaches any of its representations and warranties thereunder, or in the event that an Event of Default, Termination Event, or Additional Termination Event (each as defined in the Cap Contract) occurs with respect to the related Cap Contract, the Securities Administrator shall immediately, but no later than the next Business Day following such failure or breach, notify the Depositor and send any notices and make any demands, on behalf of the Holders of the Offered Certificates, in accordance with the Cap Contract. (i) In the event that the Cap Counterparty’s obligations are guaranteed by a third party under a guaranty relating to a Cap Contract (such guaranty the “Guaranty” and such third party the “Guarantor”), then to the extent that the Cap Counterparty fails to make any payment by the close of business on the day it is required to make payment under the terms of the Cap Contract, the Securities Administrator shall, as soon as practicable, but no later than two (2) business days after the Swap Provider’s failure to pay, demand that the Guarantor make any and all payments then required to be made by the Guarantor pursuant to such Guaranty; provided, that the Securities Administrator shall in no event be liable for any failure or delay in the performance by the Cap Counterparty or any Guarantor of its obligations hereunder or pursuant to the Cap Contract and the Guaranty, nor for any special, indirect or consequential loss or damage of any kind whatsoever (including but not limited to lost profits) in connection therewith.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-He4)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee shall establish and maintain with itself a separate, segregated trust account titled, "Reserve Fund, Xxxxx Fargo BankBank Minnesota, National AssociationN.A., as Trustee, in trust for the registered holders Holders of Deutsche Alt-A Securities, Inc. First Franklin Mortgage Loan TrustTrust 2001-FF2, Asset-Backed Certificates, Series 20062001-AR2, Mortgage Pass-Through Certificates”. FF2." On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) . On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Mezzanine Certificates, the Securities Administrator will Trustee has been directed by the Class C Certificateholders to, and therefore will, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(d)(viii), rather than distributing such amounts to the Class CE C Certificateholders. On each such Distribution Date, the Securities Administrator Trustee shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Mezzanine Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Mezzanine Certificates in the amounts and priorities set forth in Section 4.01(d). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Trustee shall deposit into the Reserve Fund on behalf of Section 4.1(a)(iii). (c) the Class C Certificateholders, from amounts otherwise distributable to the Class C Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. For federal and state income tax purposes, the Class CE C Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV 2 to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundTrust, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE C Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) . By accepting a Class CE C Certificate, each Class CE C Certificateholder hereby agrees that to direct the Securities Administrator will Trustee, and the Trustee hereby is directed, to deposit into the Reserve Fund the amounts described above on each Distribution Date as to which there is any Net WAC Rate Carryover Amount rather than distributing such amounts to the Class CE C Certificateholders. By accepting a Class CE C Certificate, each Class CE C Certificateholder further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator . At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. All income If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in such account in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. For federal tax return and gain earned upon such investment information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e)assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Certificates Series 2001-Ff2)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee shall establish and maintain a separate, segregated trust account titled, "Reserve Fund, Xxxxx Fargo BankBank One, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062003-AR2TC1, Mortgage Asset Backed Pass-Through Certificates”. ." On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Trustee under the Cap Contracts and deposited into Reserve Fund the for the benefit of the Class A-1 Certificates and Class A-2 Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Mezzanine Certificates, the Trustee will deposit, based on the instructions received by it from the Securities Administrator will deposit Administrator, into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(a)(7)(xi), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator Trustee shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Mezzanine Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Mezzanine Certificates in the amounts and priorities set forth in Section 5.01(a). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Trustee shall deposit, based on the instructions received by it from the Securities Administrator, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV II to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator Trustee will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator Trustee is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator Trustee be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Trustee without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ace Securities Corp)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, “Reserve Fund, Xxxxx Wxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062007-AR2HE2, Mortgage Asset Backed Pass-Through Certificates”. .” On the Closing Date, the Depositor will deposit deposit, or cause to be deposited, into the Reserve Fund $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Securities Administrator under the Group I Cap Contract and deposited into the Reserve Fund an amount equal to $1,000for the benefit of the Class A-1 Certificates and the Mezzanine Certificates and under the Group II Cap Contract and deposited in the Reserve Fund for the benefit of the Class A-2 Certificates and the Mezzanine Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(c)(7)(vi), rather than distributing such amounts to the Class CE CertificateholdersCertificateholders pursuant to Section 5.01(c)(7)(viii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, Mezzanine Certificates and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates Mezzanine Certificates, in the amounts and priorities set forth in Section 5.01(c). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Reserve Fund be disregarded as an entity separate from the Holder of the Class CE Certificateholders will be deemed Certificates unless and until the date when either (a) there is more than one Class CE Certificateholder or (b) any Class of Certificates in addition to be the owners of Class CE Certificates is recharacterized as an equity interest in the Reserve Fund for federal income tax purposes, in which case it is the intention of the parties hereto that, for federal and all state income and state and local franchise tax purposes, the Reserve Fund be treated as a partnership. The Master Servicer shall not be required to prepare and file partnership tax returns in respect of such partnership unless it receives additional reasonable compensation (not to exceed $10,000 per year) for the preparation of such filings, written notification recognizing the creation of a partnership agreement or comparable documentation evidencing the partnership. All amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000 and any amounts paid to the Reserve Fund from the Cap Contracts) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund constitutes an “outside reserve fund” within the meaning of Treasury Regulation § 1.860G-2(h). The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution Depository Institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund and the Supplemental Interest Trust in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $214,000. (g) In the event that a Cap Contract is terminated prior to the Distribution Date in August 2007, the Securities Administrator, at the direction of the Depositor, shall use reasonable efforts to appoint a successor cap counterparty using any cap agreement termination payments paid by the Cap Counterparty. If the Securities Administrator is unable to locate a qualified successor cap counterparty within thirty (30) days of the Early Termination Date (as defined in the Cap Contract), any cap agreement termination payments paid by the Cap Counterparty will be deposited into a separate non-interest bearing Eligible Account and the Securities Administrator, on each subsequent Distribution Date (until the termination date of the Cap Contract or the appointment of a successor cap counterparty), will withdraw from the amount then remaining on deposit in such reserve account an amount equal to the payment, if any, that would have been paid to the Securities Administrator by the original Cap Counterparty calculated in accordance with the terms of the original Cap Contract, and distribute such amount to the holders of the Certificates in accordance with Section 5.01. (h) In the event that the Cap Counterparty fails to perform any of its obligations under a Cap Contract (including, without limitation, its obligation to make any payment or transfer collateral), or breaches any of its representations and warranties thereunder, or in the event that an Event of Default, Termination Event, or Additional Termination Event (each as defined in the Cap Contract) occurs with respect to the related Cap Contract, the Securities Administrator shall immediately, but no later than the next Business Day following such failure or breach, notify the Depositor and send any notices and make any demands, on behalf of the Holders of the Offered Certificates, in accordance with the Cap Contract. (i) In the event that the Cap Counterparty’s obligations are guaranteed by a third party under a guaranty relating to a Cap Contract (such guaranty the “Guaranty” and such third party the “Guarantor”), then to the extent that the Cap Counterparty fails to make any payment by the close of business on the day it is required to make payment under the terms of the Cap Contract, the Securities Administrator shall, as soon as practicable, but no later than two (2) business days after the Swap Provider’s failure to pay, demand that the Guarantor make any and all payments then required to be made by the Guarantor pursuant to such Guaranty; provided, that the Securities Administrator shall in no event be liable for any failure or delay in the performance by the Cap Counterparty or any Guarantor of its obligations hereunder or pursuant to the Cap Contract and the Guaranty, nor for any special, indirect or consequential loss or damage of any kind whatsoever (including but not limited to lost profits) in connection therewith.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-He2)

Reserve Fund. (a) No later than On or before the Closing Date, the Securities Administrator Trustee shall establish and maintain a separate, segregated trust account titled, “Reserve Fund on behalf of the Holders of the Certificates. The Reserve Fund must be an Eligible Account. The Reserve Fund shall be entitled "Reserve Fund, Xxxxx Fargo Bank, LaSalle Bank National Association, in trust Association as Trustee for the registered benefit of holders of Deutsche AltBear Stearns Asset Backex Xxxxxities I LLC, Asset-A Securities, Inc. Mortgage Loan TrustBacked Certificates, Series 2006-AR2, Mortgage Pass-Through Certificates”2004- FR2". On The Trustee shall demand payment of all money payable by Bear Stearns Financial Pxxxxxxx Inc. (the Closing Date, "Counterparty") under the Depositor will Yield Maintenance Agreements. The Trustee shall deposit or cause to be deposited into in the Reserve Fund an amount equal all payments received from the Counterparty pursuant to $1,000. the Yield Maintenance Agreements. On each Distribution Date the Trustee shall remit amounts received from the Counterparty to the Holders of the Class A Certificates, Class M Certificates and Class CE Certificates in the manner provided in clause (b) On below. In addition, on each Distribution Date as to which there is a Net WAC Rate Carryover Basis Risk Shortfall Carry Forward Amount payable to the any Class A Certificates or the and/or Class M Certificates, the Securities Administrator will Trustee shall deposit the amounts distributable pursuant to clauses (C) and (E) of Section 5.04(a)(4) into the Reserve Fund and the amounts described in Section 4.1(a)(iii)(F), rather than distributing such amounts to Trustee has been directed by the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, and will Certificateholder to distribute such amounts to the Holders of the Class A Certificates and the and/or Class M Certificates in the amounts and priorities set forth in the last paragraph clauses (C) and (E) of Section 4.1(a)(iii5.04(a)(4). (c) For federal and state income tax purposes, . Any amount paid to the Holders of Class CE Certificateholders will be deemed A and/or Class M Certificates pursuant to be the owners preceding sentence in respect of the Reserve Fund and all amounts deposited into the Reserve Fund Basis Risk Shortfall Carry Forward Amount shall be treated as amounts distributed to the Class CE Certificateholder in respect of the Class CE Certificates and paid by REMIC IV the Class CE Certificateholder to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the and/or Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any Any payments to the Holders of the Class A Certificates or the and/or Class M Certificates in respect of Net WAC Rate Carryover Amounts will Basis Risk Shortfall Carry Forward Amount, whether pursuant to the second preceding sentence or pursuant to subsection (b) below, shall not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (db) By accepting a Amounts received from the Counterparty under the Yield Maintenance Agreement shall be distributed in the following manner and order of priority: (i) FIRST, (A) from amounts received under the Yield Maintenance Agreement related to the Class CE CertificateI-A Certificates, each to the Class CE Certificateholder hereby agrees that I-A Certificates, pro rata based on the Securities Administrator will deposit into amount of Basis Risk Shortfall Carry Forward Amount for such Classes of Certificates for the Reserve Fund related Distribution Date, (B) from amounts received under the amounts described above on each Yield Maintenance Agreement related to the Class II-A Certificates, to the Class II-A Certificates, the amount of Basis Risk Shortfall Carry Forward Amount for such Class of Certificates for the related Distribution Date rather than distributing and (C) from amounts received under the Yield Maintenance Agreement related to the Class M Certificates, sequentially to the Class M-1, Class M-2, Claxx X-0, Xxxxx M-4, Class M-5, Class M-6, Class M-7, Class M-8A and Class M-8B Certificates, in that order, the amount of any Basis Risk Shortfall Carry Forward Amount for such Classes of Certificates for the related Distribution Date; (ii) SECOND, from any remaining amounts received under the non-related Yield Maintenance Agreements, to the Class A Certificates and Class M Certificates, as applicable, pro rata, based on the aggregate amount of Basis Risk Shortfall Carry Forward Amounts for the Class A Certificates and Class M Certificates, as applicable, for such Distribution Date to the extent not covered in clause (i) above, which amounts shall be paid in the case of the Class I-A, Class II-A and Class M Certificates in the order of priority in clause (i) first (A), (B) and (C) above; and (iii) THIRD, any remaining amounts received under the Yield Maintenance Agreements, to the Class CE CertificateholdersCertificates. (c) The Reserve Fund is an "outside reserve fund" within the meaning of Treasury Regulation ss.1.860G-2(h) and shall be an asset of the Trust Fund but not an asset of any REMIC. By accepting a Class CE Certificate, each The Trustee on behalf of the Trust shall be the nominal owner of the Reserve Fund. The Class CE Certificateholder further agrees that its agreement shall be the beneficial owner of the Reserve Fund, subject to such action by the Securities Administrator is given for good and valuable consideration, power of the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator shall direct any depository institution maintaining Trustee to transfer amounts under Section 5.04. Amounts in the Reserve Fund to invest shall, at the funds direction of the Class CE Certificateholder, be invested in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) that mature no later than the Business Day immediately preceding prior to the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investmentnext succeeding Distribution Date. All net income and gain from such investments shall be distributed to the Class CE Certificateholder, not as a distribution in respect of any interest in any REMIC, on such Distribution Date. All amounts earned upon on amounts on deposit in the Reserve Fund shall be taxable to the Class CE Certificateholder. Any losses on such investment investments shall be deposited into in the Reserve Fund. In no event shall Fund by the Securities Administrator be liable for any investments made pursuant to this clause (e)Class CE Certificateholder out of its own funds immediately as realized.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-Fr2)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated trust account titled, "Reserve Fund, Xxxxx Fargo BankDeutsche Bank National Trust Company, National Associationas Trustee, in trust for the registered holders Holders of Deutsche Alt-A Securities, Inc. Long Beach Mortgage Loan TrustTrust 2004-4, Asset-Backed Certificates, Series 20062004-AR24." The Trustee shall account for the right to receive payments from the Reserve Fund as property that the Trustee holds separate and apart from the REMIC Regular Interests. (a) The following amounts shall be deposited into the Reserve Fund: (i) On each Distribution Date, Mortgage Pass-Through Certificates”. the Trustee shall deposit all amounts received with respect to the Cap Agreements; 105 (ii) On the Closing Date, the Depositor will deposit shall deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000.; (biii) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to any of the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates, the Securities Administrator will Trustee has been directed by the Holders of the Class C Certificates to, and therefore shall, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(d)(i)(cc), rather than distributing such amounts to the Class CE Certificateholders. ; and (iv) On each such Distribution DateDate as to which there are no Net WAC Rate Carryover Amounts, the Securities Administrator Trustee shall hold all such amounts for deposit into the benefit Reserve Fund on behalf of the Holders of the Class A Certificates and the Class M C Certificates, from amounts otherwise distributable to such Class C Certificates, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (b) The Reserve Fund shall be segregated into two separate portions, for which the Trustee shall keep separate accounts. "Portion 1" of the Reserve Fund shall consist of amounts deposited pursuant to Section 3.26(a)(i), above, plus any amounts earned on any such funds while on deposit in the Reserve Fund. "Portion 2" of the Reserve Fund shall consist of amounts deposited pursuant to Sections 3.26(a)(ii), (a)(iii), and will distribute (a)(iv), above, plus any amounts earned on any such amounts funds while on deposit in the Reserve Fund. Amounts distributed from the Reserve Fund under Sections 4.01(d)(ii) and 3.26(c) shall be deemed to be distributed first from Portion 1 of the Reserve Fund to the Holders of the Class A Certificates extent thereof and the Class M Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii)then from Portion 2. (c) Each Portion of the Reserve Fund shall be treated as an "outside reserve fund" under applicable Treasury regulations and shall not be part of any REMIC created hereunder. For federal and state income tax purposes, the Trustee shall be deemed to be the owner of Portion 1 of the Reserve Fund and no amount shall be transferred by any REMIC to Portion 1 of the Reserve Fund. For federal and state income tax purposes, the Holders of the Class CE Certificateholders will C Certificates shall be deemed to be the owners of Portion 2 of the Reserve Fund and all amounts deposited into Portion 2 of the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV 2 to REMIC CX in respect of the Class C Interest, and then distributed by REMIC CX to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundFor federal and state income tax purposes, or the payment payments in full respect of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M B Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1860G(a)(1). (d) By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder hereby agrees that C Certificate shall be deemed to have directed the Securities Administrator will Trustee to, and the Trustee shall pursuant to such direction, deposit into the Reserve Fund the amounts described in Section 3.26(a)(iii) and (a)(iv) above on each Distribution Date rather than distributing such amounts to the Class CE CertificateholdersDate. By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder C Certificate further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining Portion 2 of the Reserve Fund to invest the funds in such account in 106 one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to Portion 2 of the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in Portion 2 of the Reserve Fund in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. Notwithstanding the foregoing, any funds in Portion 2 of the Reserve Fund shall be invested in Deutsche Bank Cash Management Fund 541 for so long as such investment complies with clause (vi) of the definition of Permitted Investments. All income and gain earned upon such investment shall be deposited into Portion 2 of the Reserve Fund. In no event The Trustee shall hold the Securities Administrator funds in Portion 1 of the Reserve Fund uninvested in an Eligible Account. (f) For federal tax return and information reporting, the right of the Certificateholders to receive payment on account of the Class A Certificates, the Mezzanine Certificates and the Class B Certificates from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be liable for any investments made pursuant to this clause (e)assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2004-4, Asset-Backed Certs., Series 2004-4)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, "Reserve Fund, Xxxxx Wells Fargo Bank, National AssociationN.X., in trust for the registered holders of Deutsche AltPeople's Choice Home Loan Securities Trust Series 2004-A Securities, Inc. Mortgage Loan Trust, Series 2006-AR22, Mortgage Pass-Through Certificates”. , Series 2004-2." On the Closing Date, the Depositor Company will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to Fund, $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Securities Administrator under the Corridor Contract and deposited in the Reserve Fund for the benefit of the Offered Certificates and the Class C Certificates; provided, however, that to the extent the Securities Administrator receives on either of the first two Distribution Dates a payment under the Corridor Contract a portion of which is calculated with respect to a notional amount in excess of the initial aggregate Certificate Principal Balance of the Offered Certificates, the Securities Administrator shall pay such portion to the Seller and shall not deposit such portion in the Reserve Fund. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Basis Risk Shortfall Carry- Forward Amount payable to the Class A Certificates or the Class M Offered Certificates, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(a)(7)(i), rather than distributing such amounts to the Class CE C Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Offered Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Offered Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii5.01(a). (c) For federal and state income tax purposes, the Class CE C Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by REMIC IV II to the Holders of the Class CE C Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Offered Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE C Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Offered Certificates of Net WAC Rate Carryover Basis Risk Shortfall Carry-Forward Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE C Certificate, each Class CE C Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE C Certificateholders. By accepting a Class CE C Certificate, each Class CE C Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class C Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the value of the right of the Class A Certificateholders, the Class M Certificateholders and the Class B Certificateholders to receive payments from the Reserve Fund in respect of any Basis Risk Shortfall Carry-Forward Amount may be obtained from the Master Servicer upon request to the extent such information is provided to the Master Servicer by the Company or the Underwriters. The initial value of such right is equal to $18,348,000.00.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2004-2)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated non-interest bearing trust account titled, “Reserve Fund, Xxxxx Fargo BankDeutsche Bank National Trust Company, National Associationas Trustee, in trust for the registered holders Holders of Deutsche Alt-A Securities, Inc. Long Beach Mortgage Loan TrustTrust 2006‑7, Asset‑Backed Certificates, Series 2006-AR2, Mortgage Pass-Through Certificates”. 2006‑7.” The Trustee shall account for the right to receive payments from the Reserve Fund as property that the Trustee holds separate and apart from the REMIC Regular Interests. (a) The following amounts shall be deposited into the Reserve Fund: (i) On the Closing Date, the Depositor will deposit shall deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000.; (bii) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to any of the Class A Certificates or the Class M Mezzanine Certificates, the Securities Administrator will Trustee has been directed by the Holders of the Class C Certificates to, and therefore shall, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(d)(i)(y), rather than distributing such amounts to the Class CE Certificateholders. ; and (iii) On each such Distribution DateDate as to which there are no Net WAC Rate Carryover Amounts, the Securities Administrator Trustee shall hold all such amounts for deposit into the benefit Reserve Fund on behalf of the Holders of the Class A Certificates and the Class M C Certificates, and will distribute from amounts otherwise distributable to such Class C Certificates, an amount such that when added to other amounts to the Holders of the Class A Certificates and the Class M Certificates already on deposit in the amounts and priorities set forth in Reserve Fund, the last paragraph of Section 4.1(a)(iii)aggregate amount on deposit therein is equal to $1,000. (cb) The Reserve Fund shall be treated as an “outside reserve fund” under applicable Treasury regulations and shall not be part of any REMIC created hereunder. For federal and state income tax purposes, the Holders of the Class CE Certificateholders will C Certificates shall be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV 3 to REMIC CX in respect of the Class C Interest, and then distributed by REMIC CX to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundFor federal and state income tax purposes, or the payment payments in full respect of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1860G(a)(1). (dc) By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder hereby agrees that C Certificate shall be deemed to have directed the Securities Administrator will Trustee to, and the Trustee shall pursuant to such direction, deposit into the Reserve Fund the amounts described in Section 3.26(a)(ii) and (a)(iii) above on each Distribution Date rather than distributing such amounts to the Class CE CertificateholdersDate. By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder C Certificate further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (ed) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in the Reserve Fund in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. Notwithstanding the foregoing, any funds in the Reserve Fund shall be invested in Deutsche Bank Cash Management Fund 541 for so long as such investment complies with clause (vi) of the definition of Permitted Investments. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause . (e)) For federal tax return and information reporting, the right of the Certificateholders to receive payment on account of the Class A Certificates and the Mezzanine Certificates from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2006-7)

Reserve Fund. (a) No later than the Closing Date, the The Securities Administrator shall establish a Reserve Fund on behalf of the Holders of the Class A, Class B and maintain a separate, segregated trust account titled, Class M Certificates. The Reserve Fund shall be an Eligible Account. The Reserve Fund shall be entitled “Reserve Fund, Xxxxx Fargo Welxx Xxrgo Bank, National Association, in trust N.A. as Securities Administrator for the registered holders benefit of Deutsche AltHolders of Bear Stexxxx Xxset Backed Securities I LLC, Asset-A Securities, Inc. Mortgage Loan TrustBacked Certificates, Series 2006-AR2AC4, Mortgage Pass-Through CertificatesClass A-1, Class A-2, Class A-3, Class M-1, Class M-2, Class M-3, Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 and Class C”. On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) the Reserve Fund Deposit. On each Distribution Date as to which there is a Net WAC Rate Carryover Basis Risk Shortfall Carry Forward Amount payable to the any Class A Certificates or the Class M of Certificates, the Securities Administrator will shall deposit the amounts pursuant to clauses (C) and (D) of Section 6.04(a)(3) into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F)Fund, rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, and the Securities Administrator shall hold all such amounts for the benefit of the Holders of has been directed by the Class A Certificates and C Certificateholder to distribute any amounts then on deposit in the Class M Certificates, and will distribute such amounts Reserve Fund to the Holders of the Class A Certificates and the A, Class M and Class B Certificates in respect of the amounts and Basis Risk Shortfall Carry Forward Amount for each such Class in the priorities set forth in the last paragraph clauses (C) and (D) of Section 4.1(a)(iii6.04(a)(3). Any amount paid to the Holders of Class A, Class M or Class B Certificates from amounts distributable pursuant to clauses (C) and (D) of Section 6.04(a)(3) pursuant to the preceding sentence in respect of Basis Risk Shortfall Carry Forward Amounts shall be treated as distributed to the Class C Certificateholder in respect of the Class C Certificates and paid by the Class C Certificateholder to the Holders of the Class A, Class M or Class B Certificates. Any payments to the Holders of the Class A, Class M or Class B in respect of Basis Risk Shortfall Carry Forwards Amounts pursuant to the second preceding sentence shall not be payments with respect to a Regular Interest in a REMIC within the meaning of Section 860G(a)(1) of the Code. (b) The Reserve Fund is an “outside reserve fund” within the meaning of Treasury Regulation Section 1.860G-2(h) and shall be an asset of the Trust Fund but not an asset of any REMIC. The Securities Administrator on behalf of the Trust shall be the nominal owner of the Reserve Fund. The Class C Certificateholders shall be the beneficial owners of the Reserve Fund, subject to the power of the Securities Administrator to transfer amounts under Section 6.04(a)(3). Amounts in the Reserve Fund shall be held either uninvested in a trust or deposit account of the Securities Administrator with no liability for interest or other compensation thereof or, at the direction of the Class C Certificateholder, be invested in Permitted Investments that mature no later than the Business Day prior to the next succeeding Distribution Date. All net income and gain from such investments shall be distributed to the Class C Certificateholder, not as a distribution in respect of any interest in any REMIC, on such Distribution Date. All amounts earned on amounts on deposit in the Reserve Fund shall be taxable to the Class C Certificateholder. Any losses on such investments shall be deposited in the Reserve Fund by the Class C Certificateholder out of its own funds immediately as realized. In the event that the Class C Certificateholder shall fail to provide investment instructions to the Securities Administrator, the amounts on deposit in the Reserve Fund shall be held uninvested. (c) For federal tax return and state income tax purposesinformation reporting, the Class CE Certificateholders will be deemed to be the owners right of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by REMIC IV to the Holders of the Class CE Certificates. Upon the termination of the Trust FundA, or the payment in full of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in and Class B Certificates to receive payments from the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part in respect of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Certificates of Net WAC Rate Carryover Basis Risk Shortfall Carry Forward Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e)assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac4)

Reserve Fund. (a) No later than On or before the Closing Date, the Securities Administrator Trustee shall establish and maintain a separate, segregated trust account titled, “Reserve Fund on behalf of the Holders of the Certificates. The Reserve Fund must be an Eligible Account. The Reserve Fund shall be entitled "Reserve Fund, Xxxxx Fargo Bank, LaSalle Bank National Association, in trust Association as Trustee for the registered benefit of holders of Deutsche AltBear Stearns Asset Backex Xxxxxities I LLC Asset-A Securities, Inc. Mortgage Loan TrustBacked Certificates, Series 20062004-AR2HE8, Mortgage Pass-Through Certificates”The Trustee shall demand payment of all money payable by Bear Stearns Financial Pxxxxxxx Inc. (the "Counterparty") under the Yield Maintenance Agreements. On the Closing Date, the Depositor will The Trustee shall deposit or cause to be deposited into in the Reserve Fund an amount equal all payments received from the Counterparty pursuant to $1,000. the Yield Maintenance Agreements. On each Distribution Date the Trustee shall remit amounts received from the Counterparty to the Holders of the Class A Certificates, Class M Certificates and Class CE Certificates in the manner provided in clause (b) On below. In addition, on each Distribution Date as to which there is a Net WAC Rate Carryover Basis Risk Shortfall Carry Forward Amount payable to the any Class of Class A Certificates or the and/or Class M Certificates, the Securities Administrator will Trustee shall deposit the amounts distributable pursuant to clauses (C) and (D) of Section 5.04(a)(3) into the Reserve Fund and the amounts described in Section 4.1(a)(iii)(F), rather than distributing such amounts to Trustee has been directed by the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, and will Certificateholder to distribute such amounts to the Holders of the Class A Certificates and the and/or Class M Certificates in the amounts and priorities set forth in the last paragraph clauses (C) and (D) of Section 4.1(a)(iii5.04(a)(3). (c) For federal and state income tax purposes, . Any amount paid to the Holders of Class CE Certificateholders will be deemed A and/or Class M Certificates pursuant to be the owners preceding sentence in respect of the Reserve Fund and all amounts deposited into the Reserve Fund Basis Risk Shortfall Carry Forward Amount shall be treated as amounts distributed to the Class CE Certificateholder in respect of the Class CE Certificates and paid by REMIC IV the Class CE Certificateholder to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the and/or Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any Any payments to the Holders of the Class A Certificates or the and/or Class M Certificates in respect of Net WAC Rate Carryover Amounts will Basis Risk Shortfall Carry Forward Amount, whether pursuant to the second preceding sentence or pursuant to subsection (b) below, shall not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (db) By accepting a Amounts received from the Counterparty under the Yield Maintenance Agreements shall be distributed in the following manner and order of priority: (i) first, (A) from amounts received under the Yield Maintenance Agreement related to the Class CE CertificateA Certificates, each to the Class CE Certificateholder hereby agrees that A Certificates the Securities Administrator will deposit into the Reserve Fund the amounts described above on each amount of any Basis Risk Shortfall Carry Forward Amount for such Class of Certificates for such Distribution Date rather than distributing and (B) from amounts received under the Yield Maintenance Agreement related to the Class M Certificates, sequentially to the Class M-1, Class M-2, Claxx X-0, Xxxxx M-4, Class M-5, Class M-6, Class M-7A and Class M-7B Certificates, in that order, the amount of any Basis Risk Shortfall Carry Forward Amount for such Classes of Certificates for such Distribution Date; (ii) SECOND, from any remaining amounts received under the non-related Yield Maintenance Agreement, to the Class A Certificates and Class M Certificates, as applicable, pro rata, based on the aggregate amount of Basis Risk Shortfall Carry Forward Amounts for the Class A Certificates and Class M Certificates, as applicable, for such Distribution Date to the extent not covered in clause (i) above, which amounts so allocated shall be paid in the case of the Class A Certificates and the Class M Certificates in the order of priority in clause (i) first (A) and (B) above; and (iii) THIRD, any remaining amounts received under the Yield Maintenance Agreements, to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptanceCertificates. (ec) The Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest is an "outside reserve fund" within the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, meaning of Treasury Regulation ss.1.860G-2(h) and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into an asset of the Trust Fund but not an asset of any REMIC. The Trustee on behalf of the Trust shall be the nominal owner of the Reserve Fund. In no event The Class CE Certificateholder shall be the Securities Administrator be liable for any investments made pursuant beneficial owner of the Reserve Fund, subject to this clause (e)the power of the Trustee to transfer amounts under Section 5.04.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-He8)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062007-AR2ASAP1, Mortgage Asset Backed Pass-Through Certificates”. .” On the Closing Date, the Depositor will deposit deposit, or cause to be deposited, into the Reserve Fund $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Securities Administrator under the Group I Cap Contract and deposited into the Reserve Fund an amount equal to $1,000for the benefit of the Class A-1 Certificates and the Mezzanine Certificates and under the Group II Cap Contract and deposited in the Reserve Fund for the benefit of the Class A-2 Certificates and the Mezzanine Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(c)(7)(vi), rather than distributing such amounts to the Class CE CertificateholdersCertificateholders pursuant to Section 5.01(c)(7)(viii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, Mezzanine Certificates and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates Mezzanine Certificates, in the amounts and priorities set forth in Section 5.01(c). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Reserve Fund be disregarded as an entity separate from the Holder of the Class CE Certificateholders will be deemed Certificates unless and until the date when either (a) there is more than one Class CE Certificateholder or (b) any Class of Certificates in addition to be the owners of Class CE Certificates is recharacterized as an equity interest in the Reserve Fund for federal income tax purposes, in which case it is the intention of the parties hereto that, for federal and all state income and state and local franchise tax purposes, the Reserve Fund be treated as a partnership. The Master Servicer shall not be required to prepare and file partnership tax returns in respect of such partnership unless it receives additional reasonable compensation (not to exceed $10,000 per year) for the preparation of such filings, written notification recognizing the creation of a partnership agreement or comparable documentation evidencing the partnership. All amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000 and any amounts paid to the Reserve Fund from the Cap Contracts) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund constitutes an “outside reserve fund” within the meaning of Treasury Regulation § 1.860G-2(h). The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution Depository Institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund and the Supplemental Interest Trust in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $833,473.47. (g) In the event that a Cap Contract is terminated prior to the Distribution Date in August 2007, the Securities Administrator, at the direction of the Depositor, shall use reasonable efforts to appoint a successor cap counterparty using any cap agreement termination payments paid by the Cap Counterparty. If the Securities Administrator is unable to locate a qualified successor cap counterparty within thirty (30) days of the Early Termination Date (as defined in the Cap Contract), any cap agreement termination payments paid by the Cap Counterparty will be deposited into a separate non-interest bearing Eligible Account and the Securities Administrator, on each subsequent Distribution Date (until the termination date of the Cap Contract or the appointment of a successor cap counterparty), will withdraw from the amount then remaining on deposit in such reserve account an amount equal to the payment, if any, that would have been paid to the Securities Administrator by the original Cap Counterparty calculated in accordance with the terms of the original Cap Contract, and distribute such amount to the holders of the Certificates in accordance with Section 5.01. (h) In the event that the Cap Counterparty fails to perform any of its obligations under a Cap Contract (including, without limitation, its obligation to make any payment or transfer collateral), or breaches any of its representations and warranties thereunder, or in the event that an Event of Default, Termination Event, or Additional Termination Event (each as defined in the Cap Contract) occurs with respect to the related Cap Contract, the Securities Administrator shall immediately, but no later than the next Business Day following such failure or breach, notify the Depositor and send any notices and make any demands, on behalf of the Holders of the Offered Certificates, in accordance with the Cap Contract. (i) In the event that the Cap Counterparty’s obligations are guaranteed by a third party under a guaranty relating to a Cap Contract (such guaranty the “Guaranty” and such third party the “Guarantor”), then to the extent that the Cap Counterparty fails to make any payment by the close of business on the day it is required to make payment under the terms of the Cap Contract, the Securities Administrator shall, as soon as practicable, but no later than two (2) business days after the Swap Provider’s failure to pay, demand that the Guarantor make any and all payments then required to be made by the Guarantor pursuant to such Guaranty; provided, that the Securities Administrator shall in no event be liable for any failure or delay in the performance by the Cap Counterparty or any Guarantor of its obligations hereunder or pursuant to the Cap Contract and the Guaranty, nor for any special, indirect or consequential loss or damage of any kind whatsoever (including but not limited to lost profits) in connection therewith.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-Asap1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo BankDeutsche Bank National Trust Company, National Associationas Trustee, in trust for the registered holders Holders of Deutsche Alt-A Securities, Inc. Long Beach Mortgage Loan TrustTrust 2005‑3, Asset‑Backed Certificates, Series 2006-AR2, Mortgage Pass-Through Certificates”. 2005‑3.” The Trustee shall account for the right to receive payments from the Reserve Fund as property that the Trustee holds separate and apart from the REMIC Regular Interests. (a) The following amounts shall be deposited into the Reserve Fund: (i) On the Closing Date, the Depositor will deposit shall deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000.; (bii) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to any of the Class A Certificates or the Class M Mezzanine Certificates, the Securities Administrator will Trustee has been directed by the Holders of the Class C Certificates to, and therefore shall, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(d)(i)(y), rather than distributing such amounts to the Class CE Certificateholders. ; and (iii) On each such Distribution DateDate as to which there are no Net WAC Rate Carryover Amounts, the Securities Administrator Trustee shall hold all such amounts for deposit into the benefit Reserve Fund on behalf of the Holders of the Class A Certificates and the Class M C Certificates, and will distribute from amounts otherwise distributable to such Class C Certificates, an amount such that when added to other amounts to the Holders of the Class A Certificates and the Class M Certificates already on deposit in the amounts and priorities set forth in Reserve Fund, the last paragraph of Section 4.1(a)(iii)aggregate amount on deposit therein is equal to $1,000. (cb) The Reserve Fund shall be treated as an “outside reserve fund” under applicable Treasury regulations and shall not be part of any REMIC created hereunder. For federal and state income tax purposes, the Holders of the Class CE Certificateholders will C Certificates shall be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV 4 to REMIC CX in respect of the Class C Interest, and then distributed by REMIC CX to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundFor federal and state income tax purposes, or the payment payments in full respect of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1860G(a)(1). (dc) By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder hereby agrees that C Certificate shall be deemed to have directed the Securities Administrator will Trustee to, and the Trustee shall pursuant to such direction, deposit into the Reserve Fund the amounts described in Section 3.26(a)(ii) and (a)(iii) above on each Distribution Date rather than distributing such amounts to the Class CE CertificateholdersDate. By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder C Certificate further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (ed) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in the Reserve Fund in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. Notwithstanding the foregoing, any funds in the Reserve Fund shall be invested in Deutsche Bank Cash Management Fund 541 for so long as such investment complies with clause (vi) of the definition of Permitted Investments. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause . (e)) For federal tax return and information reporting, the right of the Certificateholders to receive payment on account of the Class A Certificates and the Mezzanine Certificates from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2005-3 Asset-Backed Certificates, Series 2005-3)

Reserve Fund. (a) No later than the Closing Date, the The Securities Administrator shall establish a Reserve Fund on behalf of the Holders of the Class A, Class B, Class M and maintain a separate, segregated trust account titled, Class C Certificates. The Reserve Fund shall be an Eligible Account. The Reserve Fund shall be entitled “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust N.A. as Securities Administrator for the registered holders benefit of Deutsche AltHolders of Bear Xxxxxxx Asset Backed Securities I LLC, Asset-A Securities, Inc. Mortgage Loan TrustBacked Certificates, Series 20062007-AR2AC1, Mortgage Pass-Through CertificatesClass A-1, Class X-0, Xxxxx X-0, Class M-1, Class M-2, Class M-3, Class M-4, Class B-1, Class B-2, Class B-3, Class B-4 and Class C”. On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) the Reserve Fund Deposit. On each Distribution Date as to which there is a Net WAC Rate Carryover Basis Risk Shortfall Carry Forward Amount payable to the any Class A Certificates or the Class M of Certificates, the Securities Administrator will shall deposit the amounts pursuant to clauses (D) and (E) of Section 6.04(a)(3) into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F)Fund, rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, and the Securities Administrator shall hold all such amounts for the benefit of the Holders of has been directed by the Class A Certificates and C Certificateholder to distribute any amounts then on deposit in the Class M Certificates, and will distribute such amounts Reserve Fund to the Holders of the Class A Certificates and the A, Class M and Class B Certificates in respect of the amounts and Basis Risk Shortfall Carry Forward Amount for each such Class in the priorities set forth in the last paragraph clauses (D) and (E) of Section 4.1(a)(iii6.04(a)(3). Any amount paid to the Holders of Class A, Class M or Class B Certificates from amounts distributable pursuant to clauses (D) and (E) of Section 6.04(a)(3) pursuant to the preceding sentence in respect of Basis Risk Shortfall Carry Forward Amounts shall be treated as distributed to the Class C Certificateholder in respect of the Class C Certificates and paid by the Class C Certificateholder to the Holders of the Class A, Class M or Class B Certificates. Any payments to the Holders of the Class A, Class M or Class B in respect of Basis Risk Shortfall Carry Forwards Amounts pursuant to the second preceding sentence shall not be payments with respect to a Regular Interest in a REMIC within the meaning of Section 860G(a)(1) of the Code. (b) The Reserve Fund is an “outside reserve fund” within the meaning of Treasury Regulation Section 1.860G-2(h) and shall be an asset of the Trust Fund but not an asset of any REMIC. The Securities Administrator on behalf of the Trust shall be the nominal owner of the Reserve Fund. The Class C Certificateholders shall be the beneficial owners of the Reserve Fund, subject to the power of the Securities Administrator to transfer amounts under Section 6.04(a)(3). Amounts in the Reserve Fund shall be held either uninvested in a trust or deposit account of the Securities Administrator with no liability for interest or other compensation thereof or, at the direction of the Class C Certificateholder, be invested in Permitted Investments that mature no later than the Business Day prior to the next succeeding Distribution Date. All net income and gain from such investments shall be distributed to the Class C Certificateholder, not as a distribution in respect of any interest in any REMIC, on such Distribution Date. All amounts earned on amounts on deposit in the Reserve Fund shall be taxable to the Class C Certificateholder. Any losses on such investments shall be deposited in the Reserve Fund by the Class C Certificateholder out of its own funds immediately as realized. In the event that the Class C Certificateholder shall fail to provide investment instructions to the Securities Administrator, the amounts on deposit in the Reserve Fund shall be held uninvested. (c) For federal tax return and state income tax purposesinformation reporting, the Class CE Certificateholders will be deemed to be the owners right of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by REMIC IV to the Holders of the Class CE Certificates. Upon the termination of the Trust FundA, or the payment in full of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in and Class B Certificates to receive payments from the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part in respect of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Certificates of Net WAC Rate Carryover Basis Risk Shortfall Carry Forward Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e)assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated trust account titled, "Reserve Fund, Xxxxx Fargo BankDeutsche Bank National Trust Company, National Associationas Trustee, in trust for the registered holders Holders of Deutsche Alt-A Securities, Inc. Long Beach Mortgage Loan TrustTrust 2005‑2, Asset‑Backed Certificates, Series 2006-AR22005‑2." The Trustee shall account for the right to receive payments from the Reserve Fund as property that the Trustee holds separate and apart from the REMIC Regular Interests. (a) The following amounts shall be deposited into the Reserve Fund: (i) On each Distribution Date, Mortgage Pass-Through Certificates”. the Trustee shall deposit all amounts received with respect to the Cap Agreements; (ii) On the Closing Date, the Depositor will deposit shall deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000.; (biii) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to any of the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates, the Securities Administrator will Trustee has been directed by the Holders of the Class C Certificates to, and therefore shall, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(d)(i)(y), rather than distributing such amounts to the Class CE Certificateholders. ; and (iv) On each such Distribution DateDate as to which there are no Net WAC Rate Carryover Amounts, the Securities Administrator Trustee shall hold all such amounts for deposit into the benefit Reserve Fund on behalf of the Holders of the Class A Certificates and the Class M C Certificates, from amounts otherwise distributable to such Class C Certificates, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (b) The Reserve Fund shall be segregated into two separate portions, for which the Trustee shall keep separate accounts. "Portion 1" of the Reserve Fund shall consist of amounts deposited pursuant to Section 3.26(a)(i), above, plus any amounts earned on any such funds while on deposit in the Reserve Fund. "Portion 2" of the Reserve Fund shall consist of amounts deposited pursuant to Sections 3.26(a)(ii), (a)(iii), and will distribute (a)(iv), above, plus any amounts earned on any such amounts funds while on deposit in the Reserve Fund. Amounts distributed from the Reserve Fund under Sections 4.01(d)(ii) and 3.26(c) shall be deemed to be distributed first from Portion 1 of the Reserve Fund to the Holders of the Class A Certificates extent thereof and the Class M Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii)then from Portion 2. (c) Each Portion of the Reserve Fund shall be treated as an "outside reserve fund" under applicable Treasury regulations and shall not be part of any REMIC created hereunder. For federal and state income tax purposes, the Trustee shall be deemed to be the owner of Portion 1 of the Reserve Fund and no amount shall be transferred by any REMIC to Portion 1 of the Reserve Fund. For federal and state income tax purposes, the Holders of the Class CE Certificateholders will C Certificates shall be deemed to be the owners of Portion 2 of the Reserve Fund and all amounts deposited into Portion 2 of the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV 2 to REMIC CX in respect of the Class C Interest, and then distributed by REMIC CX to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundFor federal and state income tax purposes, or the payment payments in full respect of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M B Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1860G(a)(1). (d) By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder hereby agrees that C Certificate shall be deemed to have directed the Securities Administrator will Trustee to, and the Trustee shall pursuant to such direction, deposit into the Reserve Fund the amounts described in Section 3.26(a)(iii) and (a)(iv) above on each Distribution Date rather than distributing such amounts to the Class CE CertificateholdersDate. By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder C Certificate further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining Portion 2 of the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to Portion 2 of the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in Portion 2 of the Reserve Fund in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. Notwithstanding the foregoing, any funds in Portion 2 of the Reserve Fund shall be invested in Deutsche Bank Cash Management Fund 541 for so long as such investment complies with clause (vi) of the definition of Permitted Investments. All income and gain earned upon such investment shall be deposited into Portion 2 of the Reserve Fund. In no event The Trustee shall hold the Securities Administrator funds in Portion 1 of the Reserve Fund uninvested in an Eligible Account. (f) For federal tax return and information reporting, the right of the Certificateholders to receive payment on account of the Class A Certificates, the Mezzanine Certificates and the Class B Certificates from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be liable for any investments made pursuant to this clause (e)assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2005-2 Asset-Backed Certificates, Series 2005-2)

Reserve Fund. (a) No later than On or before the Closing Date, the Securities Administrator Trustee shall establish and maintain a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for Fund on behalf of the registered holders Holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2006-AR2, Mortgage Pass-Through the Certificates. On the Closing Date, the Depositor will deposit or shall cause to be deposited into the Reserve Fund an amount equal to $1,000. (b) the Reserve Fund Deposit to be deposited in the Reserve Fund. The Reserve Fund shall be an Eligible Account. The Reserve Fund shall be entitled “Reserve Fund, LaSalle Bank National Association, as Trustee for the benefit of holders of SACO I Trust, 2005-WM1, Mortgage Pass-Through Certificates, Series 2005-WM1”. On each Distribution Date as to which there is a Net WAC Rate Carryover Basis Risk Shortfall Carry Forward Amount payable to the any Class A Certificates or the of Class A, Class M and Class B Certificates, the Securities Administrator will Trustee shall deposit the amounts distributable pursuant to clause (C) of Section 5.04(a)(3) into the Reserve Fund and the amounts described in Section 4.1(a)(iii)(F), rather than distributing such amounts to Trustee has been directed by the Class CE Certificateholders. On each such Distribution Date, C Certificateholder to distribute amounts in the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, and will distribute such amounts Reserve Fund to the Holders of the Class A Certificates and the A, Class M and Class B Certificates in the amounts and priorities set forth in the last paragraph clause (C) of Section 4.1(a)(iii5.04(a)(3). (c) For federal . Any amount paid to the Holders of Class A, Class M and state income tax purposes, Class B Certificates pursuant to the Class CE Certificateholders will be deemed to be the owners preceding sentence in respect of the Reserve Fund and all amounts deposited into the Reserve Fund Basis Risk Shortfall Carry Forward Amounts shall be treated as amounts distributed to the Class C Certificateholder in respect of the Class C Certificates and paid by REMIC IV the Class C Certificateholder to the Holders of the Class CE Certificates. Upon the termination of the Trust FundA, or the payment in full of the Class A Certificates and the Class M and Class B Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designeesas applicable. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any Any payments to the Holders of the Class A Certificates or the A, Class M and Class B Certificates in respect of Net WAC Rate Carryover Basis Risk Shortfall Carry Forward Amounts will pursuant to the second preceding sentence shall not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1)) of the Code. (db) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the The Reserve Fund is an “outside reserve fund” within the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good meaning of Treasury Regulation Section 1.860G-2(h) and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into an asset of the Trust Fund but not an asset of any REMIC. The Trustee on behalf of the Trust shall be the nominal owner of the Reserve Fund. In no event The Class C Certificateholder shall be the Securities Administrator be liable for any investments made pursuant beneficial owner of the Reserve Fund, subject to this clause (e).the power of the Trustee to transfer amounts under Section

Appears in 1 contract

Samples: Pooling and Servicing Agreement

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, related to the Group I Certificates titled Group I Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Securities Mortgage Loan Trust, Series 20062007-AR2AR3, Mortgage Pass-Through Certificates”. On the Closing Date, the Depositor will deposit or cause to be deposited into the Group I Reserve Fund an amount equal to $1,000. No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account related to the Group II Certificates titled “Group II Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities Mortgage Loan Trust, Series 2007-AR3, Mortgage Pass-Through Certificates”. On the Closing Date, the Depositor will deposit or cause to be deposited into the Group II Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a related Net WAC Rate Carryover Amount payable to the Class A Certificates Group I Senior or the Class M Subordinate Certificates, the Securities Administrator will deposit into the Group I Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.1(a)(iii)(g), rather than distributing such amounts to the Class I-CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates Group I Senior and the Class M Subordinate Certificates, and will distribute such amounts to the Holders of the Class A Certificates Group I Senior and the Class M Subordinate Certificates in the amounts and priorities set forth in Section 4.1(a)(iv). On each Distribution Date as to which there is a related Net WAC Rate Carryover Amount payable to the last paragraph Group II Senior or Subordinate Certificates, the Securities Administrator will deposit into the Group II Reserve Fund the amounts described in Section 5.1(a)(iii)(g), rather than distributing such amounts to the Class II-CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Group II Senior and Subordinate Certificates, and will distribute such amounts to the Holders of the Group II Senior and Subordinate Certificates in the amounts and priorities set forth in Section 4.1(a)(iii5.1(a)(iv). (c) For federal and state income tax purposes, the Class I-CE Certificateholders will be deemed to be the owners of the Group I Reserve Fund and all amounts deposited into the Group I Reserve Fund shall be treated as amounts distributed by REMIC IV V to the Holders of the Class I-CE Certificates. For federal and state income tax purposes, the Class II-CE Certificateholders will be deemed to be the owners of the Group II Reserve Fund and all amounts deposited into the Group II Reserve Fund shall be treated as amounts distributed by REMIC V to the Holders of the Class II-CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates related Senior and the Class M Subordinate Certificates, all amounts remaining on deposit in the related Reserve Fund will be released by the Trust Fund and distributed to the Holders of the related Class CE Certificateholders Certificates or their designees. The Reserve Fund Funds will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A related Senior Certificates or the Class M Subordinate Certificates of related Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder such Holder hereby agrees that the Securities Administrator will deposit into the related Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the related Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator Administrator, as directed by the majority Holder of the related Class CE Certificates, shall direct any depository institution maintaining the related Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. If the Holders of a majority in Percentage Interest in the related Class CE Certificates fail to provide investment instructions, funds on deposit in the related Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar3)

Reserve Fund. (a) No later than On or before the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, Reserve Fund in the name of the Securities Administrator for the benefit of the Trustee on behalf of the Holders of the Certificates. The Reserve Fund must be an Eligible Account. The Reserve Fund shall be entitled “Reserve Fund, Xxxxx Fargo Bank, LaSalle Bank National Association, as Securities Administrator for the benefit of Citibank, N.A., in trust for the registered holders of Deutsche AltBear Xxxxxxx Asset Backed Securities I LLC, Asset-A Securities, Inc. Mortgage Loan TrustBacked Certificates, Series 20062005-AR2, Mortgage Pass-Through CertificatesCL1”. On the Closing Date, the Depositor will deposit or cause to be deposited into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Basis Risk Shortfall Carry Forward Amount payable to any of the Class A Certificates or the and/or Class M Certificates, the Securities Administrator will shall deposit the amounts distributable pursuant to clauses (C) and (D) of Section 6.04(a)(3) into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, and the Securities Administrator shall hold all such amounts for the benefit of the Holders of has been directed by the Class A Certificates and the Class M Certificates, and will B-IO Certificateholder to distribute such amounts to the Holders of the Class A Certificates and the and/or Class M Certificates in the amounts and priorities set forth in the last paragraph clauses (C) and (D) of Section 4.1(a)(iii6.04(a)(3). (c) For federal and state income tax purposes, . Any amount paid to the Holders of Class CE Certificateholders will be deemed A Certificates and/or Class M Certificates pursuant to be the owners preceding sentence in respect of the Reserve Fund and all amounts deposited into the Reserve Fund Basis Risk Shortfall Carry Forward Amounts shall be treated as amounts distributed to the Class B-IO Certificateholder in respect of the Class B-IO Certificates and paid by REMIC IV the Class B-IO Certificateholder to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the and/or Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any Any payments to the Holders of the Class A Certificates or the and/or Class M Certificates in respect of Net WAC Rate Carryover Amounts will Basis Risk Shortfall Carry Forward Amounts, whether pursuant to the second preceding sentence or pursuant to subsection (b) below, shall not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (db) By accepting a The Reserve Fund is an “outside reserve fund” within the meaning of Treasury Regulation §1.860G-2(h) and shall be an asset of the Trust Fund but not an asset of any REMIC. The Securities Administrator on behalf of the Trustee shall be the nominal owner of the Reserve Fund. The Class CE CertificateB-IO Certificateholder shall be the beneficial owner of the Reserve Fund, each Class CE Certificateholder hereby agrees that subject to the power of the Securities Administrator will deposit into to transfer amounts under Section 6.04. Amounts in the Reserve Fund shall, at the amounts described above on each Distribution Date rather than distributing such amounts to written direction of the Class CE Certificateholders. By accepting a Class CE CertificateB-IO Certificateholder, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds be invested in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) that mature no later than the Business Day immediately preceding prior to the date on which such funds are required to be withdrawn from such account pursuant to this Agreementnext succeeding Distribution Date (or the Distribution Date, if a Person other than such investment is an obligation of or is managed by the Securities Administrator or an Affiliate manages or advises such investmentAdministrator). In the absence of written direction, and (ii) no later than amounts in the date on which such funds are required to Reserve Fund shall not be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investmentinvested. All net income and gain from such investments shall be distributed to the Class B-IO Certificateholder, not as a distribution in respect of any interest in any REMIC, on such Distribution Date. All amounts earned upon on amounts on deposit in the Reserve Fund shall be taxable to the Class B-IO Certificateholder. Any losses on such investment investments shall be deposited into in the Reserve Fund. In no event shall Fund by the Securities Administrator be liable for any investments made pursuant to this clause (e)Class B-IO Certificateholder out of its own funds immediately as realized.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-Cl1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator The Trustee shall establish and maintain a separateReserve Fund on behalf of the Class M-1, segregated trust account titledClass M-2 and Class B Certificateholders. The Reserve Fund must be an Eligible Account. The Reserve Fund shall be in the name of the Trustee for the benefit of the Class M-1, “Reserve Fund, Xxxxx Class M-2 and Class B Certificateholders and designated "Wells Fargo Bank, National Natxxxxx Association, in trust for the registered holders of Deutsche AltBear Stearns Asset Backed Xxxxxxxies, Inc., Asset-A Securities, Inc. Mortgage Loan TrustBacked Certificates, Series 20062001-AR2AC1, Mortgage PassClass M-1, Class M-2 and Class B". The Holder of the Class R-Through Certificates”. On III Certificates shall remit to the Closing Date, Trustee on the Depositor will deposit or cause to be deposited into the Reserve Fund date of this Amendment an amount equal to $1,000. (b) 1,000,000.00 for deposit in the Reserve Fund. On each Distribution Date as to which there is a Net WAC Rate Carryover an Applied Realized Loss Amount payable with respect to any Class M-1, Class M-2 or Class B Certificate, the Trustee has been directed by the Class R-III Certificateholder to, and therefore will, remit to the Class A or Classes of Certificates or as to which the Class M CertificatesApplied Realized Loss Amount was allocated, the Securities Administrator will deposit into the Reserve Fund the amounts described in accordance with Section 4.1(a)(iii)(F5.04(a), rather than distributing such amounts any Unpaid Realized Loss Amounts remaining unreimbursed after making the required distributions pursuant to the Class CE Certificateholders. On each such Distribution Dateclauses THIRD, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates in the amounts and priorities set forth in the last paragraph FOURTH AND FIFTH of Section 4.1(a)(iii5.04(a). (cb) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by REMIC IV to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will is an "outside reserve fund" within the meaning of Treasury Regulation ss.1.860G-2(h) and shall be part an asset of the Trust Fund but not part an asset of any REMIC and any payments REMIC. The Trustee on behalf of the Trust shall be the nominal owner of the Reserve Fund. The Class R-III Certificateholder shall be the beneficial owner of the Reserve Fund, subject to the Holders power of the Trustee to remit such funds held therein to the holders of the Class A M-1, Class M-2 and Class B Certificates or the Class M Certificates of Net WAC Rate Carryover as described in clause (a) above. Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund shall, at the amounts described above on each Distribution Date rather direction of the Class R-III Certificateholder, be invested in Permitted Investments that mature no later than distributing such amounts the Business Day prior to the Class CE Certificateholdersnext succeeding Distribution Date. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action If no investment direction is received by the Securities Administrator is given for good and valuable considerationTrustee from the Class R-III Certificateholder, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than managed by the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and affiliate of the kind described in clause (iix) no later than of the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investmentdefinition of Permitted Investments. All net income and gain from such investments shall be distributed to the Class R-III Certificateholder, not as a distribution in respect of any interest in any REMIC, on such Distribution Date. All amounts earned upon on amounts on deposit in the Reserve Fund shall be taxable to the Class R-III Certificateholder. Any losses on such investment investments shall be deposited into in the Reserve Fund. In no event shall Fund by the Securities Administrator be liable for any investments made pursuant to this clause (e)Class R-III Certificateholder out of its own funds immediately as realized."

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo BankDeutsche Bank National Trust Company, National Associationas Trustee, in trust for the registered holders Holders of Deutsche Alt-A Securities, Inc. Long Beach Mortgage Loan TrustTrust 2004‑6, Asset‑Backed Certificates, Series 2006-AR22004‑6.” The Trustee shall account for the right to receive payments from the Reserve Fund as property that the Trustee holds separate and apart from the REMIC Regular Interests. (a) The following amounts shall be deposited into the Reserve Fund: (i) On each Distribution Date, Mortgage Pass-Through Certificates”. the Trustee shall deposit all amounts received with respect to the Cap Agreement; (ii) On the Closing Date, the Depositor will deposit shall deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000.; (biii) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to any of the Class A Certificates, the Class M Certificates or the Class M B Certificates, the Securities Administrator will Trustee has been directed by the Holders of the Class C Certificates to, and therefore shall, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(d)(i)(u), rather than distributing such amounts to the Class CE Certificateholders. ; and (iv) On each such Distribution DateDate as to which there are no Net WAC Rate Carryover Amounts, the Securities Administrator Trustee shall hold all such amounts for deposit into the benefit Reserve Fund on behalf of the Holders of the Class A Certificates and the Class M C Certificates, from amounts otherwise distributable to such Class C Certificates, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (b) The Reserve Fund shall be segregated into two separate portions, for which the Trustee shall keep separate accounts. “Portion 1” of the Reserve Fund shall consist of amounts deposited pursuant to Section 3.26(a)(i), above, plus any amounts earned on any such funds while on deposit in the Reserve Fund. “Portion 2” of the Reserve Fund shall consist of amounts deposited pursuant to Sections 3.26(a)(ii), (a)(iii), and will distribute (a)(iv), above, plus any amounts earned on any such amounts funds while on deposit in the Reserve Fund. Amounts distributed from the Reserve Fund under Sections 4.01(d)(ii) and 3.26(c) shall be deemed to be distributed first from Portion 1 of the Reserve Fund to the Holders extent thereof and then from Portion 2. On each Distribution Date on which there is a payment received by the Trustee under the Cap Agreement that is based on a notional amount in excess of the aggregate Certificate Principal Balance of the Class A Certificates and Certificates, the Class M Certificates and Class B Certificates (such amount, the "Class C Excess Cap Amount"), the Trustee shall not treat such payments as amounts on deposit in the amounts Reserve Fund for purposes of determining distributions to the Class A Certificates, the Class M Certificates of the Class B Certificates for any Distribution Date. Any such Class C Excess Cap Amount shall not be an asset of the Trust Fund and, instead, shall be paid into and priorities set forth in distributed out of a separate trust created by this Agreement for the last paragraph benefit of the Class C Certificates, and the Trustee shall distribute such amount to the Class C Certificates pursuant to Section 4.1(a)(iii4.01(d)(ii)(c). (c) Each Portion of the Reserve Fund shall be treated as an “outside reserve fund” under applicable Treasury regulations and shall not be part of any REMIC created hereunder. For federal and state income tax purposes, the Holders of the Class CE Certificateholders will C Certificates shall be deemed to be the owners of the Reserve Fund and all amounts deposited into Portion 2 of the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV 2 to REMIC CX in respect of the Class C Interest, and then distributed by REMIC CX to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundFor federal and state income tax purposes, or the payment payments in full respect of the Class A Certificates, the Class M Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M B Certificates of Net WAC Rate Carryover Amounts and payments to the Class C Certificates (except through Portion 2 of the Reserve Fund) will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1860G(a)(1). (d) By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder hereby agrees that C Certificate shall be deemed to have directed the Securities Administrator will Trustee to, and the Trustee shall pursuant to such direction, deposit into the Reserve Fund the amounts described in Section 3.26(a)(iii) and (a)(iv) above on each Distribution Date rather than distributing such amounts to the Class CE CertificateholdersDate. By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder C Certificate further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. Notwithstanding the foregoing, any funds in the Reserve Fund shall be invested in Deutsche Bank Cash Management Fund 541 for so long as such investment complies with clause (vi) of the definition of Permitted Investments. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event . (f) For federal tax return and information reporting, the right of the Certificateholders to receive payment on account of the Class A Certificates, the Class M Certificates and the Class B Certificates from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall the Securities Administrator be liable for any investments made pursuant to this clause (e)assigned a value of approximately $55,214.88.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2004-6, Asset-Backed Certs., Series 2004-6)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 2006-AR2ASAP4, Mortgage Asset Backed Pass-Through Certificates”. .” On the Closing Date, the Depositor will deposit deposit, or cause to be deposited, into the Reserve Fund $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Securities Administrator under the Group I Cap Contract and deposited into the Reserve Fund an amount equal to $1,000for the benefit of the Class A-1 Certificates and the Mezzanine Certificates and under the Group II Cap Contract and deposited in the Reserve Fund for the benefit of the Class A-2 Certificates and the Mezzanine Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(c)(7)(vi), rather than distributing such amounts to the Class CE CertificateholdersCertificateholders pursuant to Section 5.01(c)(7)(viii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, Mezzanine Certificates and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates Mezzanine Certificates, in the amounts and priorities set forth in Section 5.01(c). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For The Reserve Fund constitutes an “outside reserve fund” within the meaning of Treasury Regulation § 1.860G-2(h) and is not an asset of any REMIC. It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Reserve Fund be disregarded as an entity separate from the Holder of the Class CE Certificateholders will be deemed Certificates unless and until the date when either (a) there is more than one Class CE Certificateholder or (b) any Class of Certificates in addition to be the owners of Class CE Certificates is recharacterized as an equity interest in the Reserve Fund for federal income tax purposes, in which case it is the intention of the parties hereto that, for federal and all state income and state and local franchise tax purposes, the Reserve Fund be treated as a partnership. The Master Servicer shall not be required to prepare and file partnership tax returns in respect of such partnership unless it receives additional reasonable compensation (not to exceed $10,000 per year) for the preparation of such filings, written notification recognizing the creation of a partnership agreement or comparable documentation evidencing the partnership. All amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000 and any amounts paid to the Reserve Fund from the Cap Contracts) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $27,000 with respect to the Certificates covered by the Swap Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Asap4)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated trust account titled, "Reserve Fund, Xxxxx Fargo BankBankers Trust Company of California, National AssociationN.A., in trust for the registered holders Holders of Deutsche Alt-A Securities, Inc. Long Beach Mortgage Loan TrustTrust 2001-1, Asset-Backed Certificates, Series 20062001-AR2, Mortgage Pass-Through Certificates”. 1." On the Closing Date, the Depositor will deposit Dexxxxxxx xxxll deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) . On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Mezzanine Certificates, the Securities Administrator will Trustee has been directed by the Class C Certificateholders to, and therefore will, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(d)(ix), rather than distributing such amounts to the Class CE C Certificateholders. On each such Distribution Date, the Securities Administrator Trustee shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Mezzanine Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Mezzanine Certificates in the amounts and priorities set forth in Section 4.01(d). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Trustee shall deposit into the Reserve Fund on behalf of Section 4.1(a)(iii). (c) the Class C Certificateholders, from amounts otherwise distributable to the Class C Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. For federal and state income tax purposes, the Class CE C Certificateholders will shall be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV 3 to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundTrust, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund Trustee and distributed to the Class CE C Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) . By accepting a Class CE C Certificate, each Class CE C Certificateholder hereby agrees that shall be deemed to have directed the Securities Administrator will Trustee, and the Trustee shall pursuant to such direction, deposit into the Reserve Fund the amounts described above on each Distribution Date as to which there is any Net WAC Rate Carryover Amount rather than distributing such amounts to the Class CE C Certificateholders. By accepting a Class CE C Certificate, each Class CE C Certificateholder further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator . At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in such account in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. Notwithstanding the foregoing, any funds in the Reserve Fund shall be invested in Bankers Trust's Institutional Cash Management Fund 1679 for so long as such investment complies with clause (vi) of the definition of Permitted Investments. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event For federal tax return and information reporting, the right of the Holders of the Class A Certificates and the Holders of the Mezzanine Certificates to receive payments from the Reserve Fund in respect of any Net Wac Rate Carryover Amount shall the Securities Administrator be liable for any investments made pursuant to this clause (e)assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2001-1 as Bk Cert Ser 2001-1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain with itself a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo Bank, National AssociationN.A., as Securities Administrator, in trust for the registered holders of Deutsche AltSG Mortgage Securities Trust 2006-A SecuritiesOPT2, Inc. Mortgage Loan TrustAsset-Backed Certificates, Series 2006-AR2, Mortgage Pass-Through Certificates”. On the Closing Date, the Depositor will deposit or cause to OPT2” which shall be deposited into the Reserve Fund an amount equal to $1,000Eligible Account. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or and/or the Class M Mezzanine Certificates, the Securities Administrator will has been directed by the Class CE Certificateholders to, and therefore will, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(h)(vi), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Mezzanine Certificates, and will distribute such amounts to the Holders of the Class A Certificates and and/or the Class M Mezzanine Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii5.01(h). (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE Certificates. Upon the termination of the Trust FundTrust, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC created hereunder and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that to direct the Securities Administrator, and the Securities Administrator will hereby is directed, to deposit into the Reserve Fund the amounts described above on each Distribution Date as to which there is any Net WAC Rate Carryover Amount rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such If no investment shall be deposited into direction of the Holders of a majority in Percentage Interest in the Class CE Certificates with respect to the Reserve Fund. In no event shall Fund is received by the Securities Administrator, the Securities Administrator shall invest the funds in the Xxxxx Fargo Advantage Prime Investment Money Market Fund so long as such fund is a Permitted Investment. (f) For federal tax return and information reporting, the value of the right of the Holders of the Class A and the Mezzanine Certificates to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be liable for any investments made pursuant to this clause (e)$10,000.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (SG Mortgage Securities Trust 2006-Opt2)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. PHH Alternative Mortgage Loan Trust, Series 20062007-AR23, Mortgage Pass-Through Certificates”. On the Closing Date, the Depositor will deposit or cause to be deposited into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Senior Certificates or the Class M Mezzanine Certificates, the Securities Administrator will deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.1(a)(iii)(d), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Senior Certificates and the Class M Mezzanine Certificates, and will distribute such amounts to the Holders of the Class A Senior Certificates and the Class M Mezzanine Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii4.1(a)(iv). (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Senior Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Senior Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator Administrator, as directed by the majority Holder of the Class CE Certificates, shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (PHH Alternative Mortgage Trust, Series 2007-3)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, “Reserve Fund, Xxxxx Wxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062007-AR2ASAP2, Mortgage Asset Backed Pass-Through Certificates”. .” On the Closing Date, the Depositor will deposit deposit, or cause to be deposited, into the Reserve Fund $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Securities Administrator under the Group I Cap Contract and withdrawn from the Supplemental Interest Trust and deposited into the Reserve Fund an amount equal to $1,000for the benefit of the Class A-1 Certificates and the Mezzanine Certificates and under the Group II Cap Contract and withdrawn from the Supplemental Interest Trust and deposited in the Reserve Fund for the benefit of the Class A-2 Certificates and the Mezzanine Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F[5.01(c)(7)(vi)], rather than distributing such amounts to the Class CE CertificateholdersCertificateholders pursuant to Section [5.01(c)(7)(viii)]. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, Mezzanine Certificates and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates Mezzanine Certificates, in the amounts and priorities set forth in Section 5.01(c). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For The Reserve Fund constitutes an “outside reserve fund” within the meaning of Treasury Regulation §1.860G-2(h) and is not an asset of any REMIC. It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Reserve Fund be disregarded as an entity separate from the Holder of the Class CE Certificateholders will be deemed Certificates unless and until the date when either (a) there is more than one Class CE Certificateholder or (b) any Class of Certificates in addition to be the owners of Class CE Certificates is recharacterized as an equity interest in the Reserve Fund for federal income tax purposes, in which case it is the intention of the parties hereto that, for federal and all state income and state and local franchise tax purposes, the Reserve Fund be treated as a partnership. The Master Servicer shall not be required to prepare and file partnership tax returns in respect of such partnership unless it receives additional reasonable compensation (not to exceed $10,000 per year) for the preparation of such filings, written notification recognizing the creation of a partnership agreement or comparable documentation evidencing the partnership. All amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000 and any amounts paid to the Reserve Fund from the Cap Contracts) shall be treated as amounts distributed by REMIC IV to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution Depository Institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund and the Supplemental Interest Trust in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $5,000.00.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-Asap2)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, “Reserve Fund, Xxxxx Wxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 2006-AR2SL2, Mortgage Asset Backed Pass-Through Certificates”. .” On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in clause sixth of Section 4.1(a)(iii)(F5.01(a)(6), rather than distributing such amounts to the Class CE CE-1 Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates, B-1 Certificates and will distribute such amounts to the Holders of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates B-1 Certificates, in the amounts and priorities set forth in Section 5.01(a). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE-1 Certificateholders, from amounts otherwise distributable to the Class CE-1 Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE CE-1 Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE CE-1 Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates, the Mezzanine Certificates and the Class M B-1 Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE CE-1 Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates, the Mezzanine Certificates or the Class M B-1 Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE CE-1 Certificate, each Class CE CE-1 Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE CE-1 Certificateholders. By accepting a Class CE CE-1 Certificate, each Class CE CE-1 Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE-1 Certificates, the Securities Administrator shall direct any depository institution Depository Institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE-1 Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders, the Mezzanine Certificateholders and Class B-1 Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $5,700 with respect to the Certificates covered by the Swap Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Sl2 Asset Backed Pass-Through Certificates)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated non-interest bearing trust account titled, “Reserve Fund, Xxxxx Fargo BankDeutsche Bank National Trust Company, National Associationas Trustee, in trust for the registered holders Holders of Deutsche Alt-A Securities, Inc. Long Beach Mortgage Loan TrustTrust 2006-2, Asset-Backed Certificates, Series 2006-AR2, Mortgage Pass-Through Certificates”. 2.” The Trustee shall account for the right to receive payments from the Reserve Fund as property that the Trustee holds separate and apart from the REMIC Regular Interests. (a) The following amounts shall be deposited into the Reserve Fund: (i) On the Closing Date, the Depositor will deposit shall deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000.; (bii) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to any of the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates, the Securities Administrator will Trustee has been directed by the Holders of the Class C Certificates to, and therefore shall, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(d)(i)(y), rather than distributing such amounts to the Class CE Certificateholders. ; and (iii) On each such Distribution DateDate as to which there are no Net WAC Rate Carryover Amounts, the Securities Administrator Trustee shall hold all such amounts for deposit into the benefit Reserve Fund on behalf of the Holders of the Class A Certificates and the Class M C Certificates, and will distribute from amounts otherwise distributable to such Class C Certificates, an amount such that when added to other amounts to the Holders of the Class A Certificates and the Class M Certificates already on deposit in the amounts and priorities set forth in Reserve Fund, the last paragraph of Section 4.1(a)(iii)aggregate amount on deposit therein is equal to $1,000. (cb) The Reserve Fund shall be treated as an “outside reserve fund” under applicable Treasury regulations and shall not be part of any REMIC created hereunder. For federal and state income tax purposes, the Holders of the Class CE Certificateholders will C Certificates shall be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV 3 to REMIC CX in respect of the Class C Interest, and then distributed by REMIC CX to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundFor federal and state income tax purposes, or the payment payments in full respect of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M B Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1860G(a)(1). (dc) By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder hereby agrees that C Certificate shall be deemed to have directed the Securities Administrator will Trustee to, and the Trustee shall pursuant to such direction, deposit into the Reserve Fund the amounts described in Section 3.26(a)(ii) and (a)(iii) above on each Distribution Date rather than distributing such amounts to the Class CE CertificateholdersDate. By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder C Certificate further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (ed) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in the Reserve Fund in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. Notwithstanding the foregoing, any funds in the Reserve Fund shall be invested in Deutsche Bank Cash Management Fund 541 for so long as such investment complies with clause (vi) of the definition of Permitted Investments. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2006-2)

Reserve Fund. (a) No later than On or before the Closing Date, the Securities Administrator Trustee shall establish and maintain a separate, segregated trust account titled, “Reserve Fund on behalf of the Holders of the Certificates. The Reserve Fund must be an Eligible Account. The Reserve Fund shall be entitled "Reserve Fund, Xxxxx Fargo Bank, LaSalle Bank National Association, in trust Association as Trustee for the registered benefit of holders of Deutsche AltBear Stearns Asset Backex Xxxxxities I LLC, Asset-A Securities, Inc. Mortgage Loan TrustBacked Certificates, Series 20062004-AR2, Mortgage Pass-Through Certificates”FR3". On The Trustee shall demand payment of all money payable by Bear Stearns Financial Pxxxxxxx Inc. (the Closing Date, "Counterparty") under the Depositor will Yield Maintenance Agreements. The Trustee shall deposit or cause to be deposited into in the Reserve Fund an amount equal all payments received from the Counterparty pursuant to $1,000. the Yield Maintenance Agreements. On each Distribution Date the Trustee shall remit amounts received from the Counterparty to the Holders of the Class A Certificates, Class M Certificates and Class CE Certificates in the manner provided in clause (b) On below. In addition, on each Distribution Date as to which there is a Net WAC Rate Carryover Basis Risk Shortfall Carry Forward Amount payable to the any Class of Class A Certificates or the and/or Class M Certificates, the Securities Administrator will Trustee shall deposit the amounts distributable pursuant to clauses (C) and (E) of Section 5.04(a)(4) into the Reserve Fund and the amounts described in Section 4.1(a)(iii)(F), rather than distributing such amounts to Trustee has been directed by the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, and will Certificateholder to distribute such amounts to the Holders of the Class A Certificates and the and/or Class M Certificates in the amounts and priorities set forth in the last paragraph clauses (C) and (E) of Section 4.1(a)(iii5.04(a)(4). (c) For federal and state income tax purposes, . Any amount paid to the Holders of Class CE Certificateholders will be deemed A and/or Class M Certificates pursuant to be the owners preceding sentence in respect of the Reserve Fund and all amounts deposited into the Reserve Fund Basis Risk Shortfall Carry Forward Amount shall be treated as amounts distributed to the Class CE Certificateholder in respect of the Class CE Certificates and paid by REMIC IV the Class CE Certificateholder to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the and/or Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any Any payments to the Holders of the Class A Certificates or the and/or Class M Certificates in respect of Net WAC Rate Carryover Amounts will Basis Risk Shortfall Carry Forward Amount, whether pursuant to the second preceding sentence or pursuant to subsection (b) below, shall not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (db) By accepting a Amounts received from the Counterparty under the Yield Maintenance Agreements shall be distributed in the following manner and order of priority: (i) FIRST, (A) from amounts received under the Yield Maintenance Agreement related to the Class CE CertificateI-A Certificates, each to the Class CE Certificateholder hereby agrees that I-A Certificates, pro rata based on the Securities Administrator will deposit into amount of Basis Risk Shortfall Carry Forward Amount for such Classes of Certificates for the Reserve Fund related Distribution Date, (B) from amounts received under the amounts described above on each Yield Maintenance Agreement related to the Class II-A Certificates, to the Class II-A Certificates, the amount of Basis Risk Shortfall Carry Forward Amount for such Class of Certificates for the related Distribution Date rather than distributing and (C) from amounts received under the Yield Maintenance Agreement related to the Class M Certificates, sequentially to the Class M-1, Class M-2, Claxx X-0, Xxxxx M-4, Class M-5, Class M-6 and Class M-7 Certificates, in that order, the amount of any Basis Risk Shortfall Carry Forward Amount for such Classes of Certificates for the related Distribution Date; (ii) SECOND, from any remaining amounts received under the non-related Yield Maintenance Agreements, to the Class A Certificates and Class M Certificates, as applicable, pro rata, based on the aggregate amount of Basis Risk Shortfall Carry Forward Amounts for the Class A Certificates and Class M Certificates, as applicable, for such Distribution Date to the extent not covered in clause (i) above, which amounts shall be paid in the case of the Class I-A Certificates and Class M Certificates in the order of priority in clauses (i) first (A) and (C) above; and (iii) THIRD, any remaining amounts received under the Yield Maintenance Agreements, to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptanceCertificates. (ec) The Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest is an "outside reserve fund" within the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, meaning of Treasury Regulation ss.1.860G-2(h) and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into an asset of the Trust Fund but not an asset of any REMIC. The Trustee on behalf of the Trust shall be the nominal owner of the Reserve Fund. In no event The Class CE Certificateholder shall be the Securities Administrator be liable for any investments made pursuant beneficial owner of the Reserve Fund, subject to this clause (e)the power of the Trustee to transfer amounts under Section 5.04.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-Fr3)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Securities Mortgage Loan Trust, Series 2006-AR2AR4, Mortgage Pass-Through Certificates”. On the Closing Date, the Depositor will deposit or cause to be deposited into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Certificates, the Securities Administrator will deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.1(a)(iii)(f), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii4.1(a)(iv). (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by REMIC IV to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator Administrator, as directed by the majority Holder of the Class CE Certifictaes, shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar4)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Securities Mortgage Loan Trust, Series 20062007-AR2OA4, Mortgage Pass-Through Certificates”. On the Closing Date, the Depositor will deposit or cause to be deposited into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Certificates, the Securities Administrator will deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.1(a)(iii)(g), rather than distributing such amounts to the Class CE CE-1 Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii4.1(a)(iv). (c) For federal and state income tax purposes, the Class CE CE-1 Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by the Master REMIC IV to the Holders of the Class CE CE-1 Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE CE-1 Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE CE-1 Certificate, each Class CE CE-1 Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE CE-1 Certificateholders. By accepting a Class CE CE-1 Certificate, each Class CE CE-1 Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator Administrator, as directed by the majority Holder of the Class CE-1 Certificates, shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. If the Holders of a majority in Percentage Interest in the Class CE-1 Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa4 /DE)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062007-AR2HE5, Mortgage Asset Backed Pass-Through Certificates”. .” On the Closing Date, the Depositor will deposit deposit, or cause to be deposited, into the Reserve Fund $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Securities Administrator under the Group I Cap Contract and deposited into the Reserve Fund an amount equal to $1,000for the benefit of the Class A-1 Certificates and the Mezzanine Certificates and under the Group II Cap Contract and deposited in the Reserve Fund for the benefit of the Class A-2 Certificates and the Mezzanine Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(c)(7)(vi), rather than distributing such amounts to the Class CE CertificateholdersCertificateholders pursuant to Section 5.01(c)(7)(viii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, Mezzanine Certificates and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates Mezzanine Certificates, in the amounts and priorities set forth in Section 5.01(c). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Reserve Fund be disregarded as an entity separate from the Holder of the Class CE Certificateholders will be deemed Certificates unless and until the date when either (a) there is more than one Class CE Certificateholder or (b) any Class of Certificates in addition to be the owners of Class CE Certificates is recharacterized as an equity interest in the Reserve Fund for federal income tax purposes, in which case it is the intention of the parties hereto that, for federal and all state income and state and local franchise tax purposes, the Reserve Fund be treated as a partnership. The Master Servicer shall not be required to prepare and file partnership tax returns in respect of such partnership unless it receives additional reasonable compensation (not to exceed $10,000 per year) for the preparation of such filings, written notification recognizing the creation of a partnership agreement or comparable documentation evidencing the partnership. All amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000 and any amounts paid to the Reserve Fund from the Cap Contracts) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund constitutes an “outside reserve fund” within the meaning of Treasury Regulation § 1.860G-2(h). The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution Depository Institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund and the Supplemental Interest Trust in respect of any Net WAC Rate Carryover Amount shall be assigned a value of approximately $257,000. (g) In the event that a Cap Contract is terminated prior to the Distribution Date in December 2007, the Securities Administrator, at the direction of the Depositor, shall use reasonable efforts to appoint a successor cap counterparty to enter into a new interest rate cap contact on terms substantially similar to the Cap Contract, with a successor cap counterparty meeting all applicable eligibility requirements. The Securities Administrator will apply any cap agreement termination payments paid by the Cap Counterparty in connection with such early termination to the upfront payment required to appoint the successor cap counterparty. If the Securities Administrator is unable to locate a qualified successor cap counterparty within thirty (30) days of the Early Termination Date (as defined in the Cap Contract), any cap agreement termination payments paid by the Cap Counterparty will be deposited into a separate non-interest bearing Eligible Account and the Securities Administrator, on each subsequent Distribution Date (until the termination date of the Cap Contract or the appointment of a successor cap counterparty), will withdraw from the amount then remaining on deposit in such reserve account an amount equal to the payment, if any, that would have been paid to the Securities Administrator by the original Cap Counterparty calculated in accordance with the terms of the original Cap Contract, and distribute such amount to the holders of the Certificates in accordance with Section 5.01. (h) In the event that the Cap Counterparty fails to perform any of its obligations under a Cap Contract (including, without limitation, its obligation to make any payment or transfer collateral), or breaches any of its representations and warranties thereunder, or in the event that an Event of Default, Termination Event, or Additional Termination Event (each as defined in the Cap Contract) occurs with respect to the related Cap Contract, the Securities Administrator shall immediately, but no later than the next Business Day following actual notice of such failure or breach, notify the Depositor and send any notices and make any demands, on behalf of the Holders of the Offered Certificates, required to enforce the rights under such Cap Contract. (i) In the event that the Cap Counterparty’s obligations are guaranteed by a third party under a guaranty relating to a Cap Contract (such guaranty the “Guaranty” and such third party the “Guarantor”), then to the extent that the Cap Counterparty fails to make any payment by the close of business on the day it is required to make payment under the terms of the Cap Contract, the Securities Administrator shall, as soon as practicable, but no later than two (2) business days after the Swap Provider’s failure to pay, demand that the Guarantor make any and all payments then required to be made by the Guarantor pursuant to such Guaranty; provided, that the Securities Administrator shall in no event be liable for any failure or delay in the performance by the Cap Counterparty or any Guarantor of its obligations hereunder or pursuant to the Cap Contract and the Guaranty, nor for any special, indirect or consequential loss or damage of any kind whatsoever (including but not limited to lost profits) in connection therewith.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-He5)

Reserve Fund. (a) No later than On or before the Closing Date, the Securities Administrator Trustee shall establish and maintain a separate, segregated trust account titled, “Reserve Fund on behalf of the Holders of the Certificates. The Reserve Fund must be an Eligible Account. The Reserve Fund shall be entitled "Reserve Fund, Xxxxx Fargo Bank, LaSalle Bank National Association, in trust Association as Trustee for the registered benefit of holders of Deutsche AltBear Stearns Asset Backex Xxxxxities I LLC, Asset-A Securities, Inc. Mortgage Loan TrustBacked Certificates, Series 20062004-AR2, Mortgage Pass-Through Certificates”HE9". On The Trustee shall demand payment of all money payable by Bear Stearns Financial Pxxxxxxx Inc. (the Closing Date, "Counterparty") under the Depositor will Yield Maintenance Agreements. The Trustee shall deposit or cause to be deposited into in the Reserve Fund an amount equal all payments received from the Counterparty pursuant to $1,000. the Yield Maintenance Agreements. On each Distribution Date the Trustee shall remit amounts received from the Counterparty to the Holders of the Class A Certificates, Class M Certificates and Class CE Certificates in the manner provided in clause (b) On below. In addition, on each Distribution Date as to which there is a Net WAC Rate Carryover Basis Risk Shortfall Carry Forward Amount payable to the any Class of Class A Certificates or the and/or Class M Certificates, the Securities Administrator will Trustee shall deposit the amounts distributable pursuant to clauses (C) and (E) of Section 5.04(a)(4) into the Reserve Fund and the amounts described in Section 4.1(a)(iii)(F), rather than distributing such amounts to Trustee has been directed by the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, and will Certificateholder to distribute such amounts to the Holders of the Class A Certificates and the and/or Class M Certificates in the amounts and priorities set forth in the last paragraph clauses (C) and (E) of Section 4.1(a)(iii5.04(a)(4). (c) For federal and state income tax purposes, . Any amount paid to the Holders of Class CE Certificateholders will be deemed A Certificates and/or Class M Certificates pursuant to be the owners preceding sentence in respect of the Reserve Fund and all amounts deposited into the Reserve Fund Basis Risk Shortfall Carry Forward Amount shall be treated as amounts distributed to the Class CE Certificateholder in respect of the Class CE Certificates and paid by REMIC IV the Class CE Certificateholder to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the and/or Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any Any payments to the Holders of the Class A Certificates or the and/or Class M Certificates in respect of Net WAC Rate Carryover Amounts will Basis Risk Shortfall Carry Forward Amount, whether pursuant to the second preceding sentence or pursuant to subsection (b) below, shall not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (db) By accepting a Amounts received from the Counterparty under the Yield Maintenance Agreements shall be distributed in the following manner and order of priority: (i) first, (A) from amounts received under the Yield Maintenance Agreement related to the Class CE CertificateI-A Certificates, each to the Class CE Certificateholder hereby agrees that I-A Certificates, pro rata based on the Securities Administrator will deposit into amount of Basis Risk Shortfall Carry Forward Amount for such Classes of Certificates for the Reserve Fund related Distribution Date, (B) from amounts received under the Yield Maintenance Agreement related to the Class II-A Certificates, to the Class II-A Certificates, the amount of Basis Risk Shortfall Carry Forward Amount for such Class of Certificates for the related Distribution Date, (C) from amounts described above on each received under the Yield Maintenance Agreement related to the Class III-A-2 Certificates, to the Class III-A-2 Certificates the amount of Basis Risk Shortfall Carry Forward Amount for such Class of Certificates for such Distribution Date rather than distributing and (D) from amounts received under the Yield Maintenance Agreement related to the Class M Certificates, sequentially to the Class M-1, Class M-2, Claxx X-0, Xxxxx M-4, Class M-5, Class M-6, Class M-7A and Class M-7B Certificates, in that order, the amount of any Basis Risk Shortfall Carry Forward Amount for such Classes of Certificates for the related Distribution Date; (ii) second, from any remaining amounts received under the non-related Yield Maintenance Agreements, to the Class I-A, Class II-A, Class III-A-2 and Class M Certificates, as applicable, pro rata, based on the aggregate amount of Basis Risk Shortfall Carry Forward Amounts for the Class I-A, Class II-A, Class III-A-2 and Class M Certificates, as applicable, for such Distribution Date to the extent not covered in clause (i) above, which amounts shall be paid in the case of the Class I-A Certificates and Class M Certificates in the order of priority in clauses (i) first (A) and (D) above; and (iii) third, any remaining amounts received under the Yield Maintenance Agreements, to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptanceCertificates. (ec) The Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest is an "outside reserve fund" within the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, meaning of Treasury Regulation ss.1.860G-2(h) and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into an asset of the Trust Fund but not an asset of any REMIC. The Trustee on behalf of the Trust shall be the nominal owner of the Reserve Fund. In no event The Class CE Certificateholder shall be the Securities Administrator be liable for any investments made pursuant beneficial owner of the Reserve Fund, subject to this clause (e)the power of the Trustee to transfer amounts under Section 5.04.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-He9)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, "Reserve Fund, Xxxxx Wells Fargo Bank, National AssociationN.A., in trust for truxx xxr the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062004-AR2HE2, Mortgage Asset Backed Pass-Through Certificates”. ." On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Securities Administrator under the Group I Cap Contract and deposited into Reserve Fund for the benefit of the Class A-1 Certificates, Mezzanine Certificates and the Class B Certificates and under the Group II Cap Contract and deposited in the Reserve Fund for the benefit of the Class A-2 Certificates, the Mezzanine Certificates and the Class B Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(a)(7)(vi), rather than distributing such amounts to the Class CE Certificateholders, and Section 5.01(a)(7)(vii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates, B Certificates and will distribute such amounts to the Holders of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates B Certificates, in the amounts and priorities set forth in Section 5.01(a). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) and any amounts paid to the Reserve Fund from the Cap Contracts shall be treated as amounts distributed by REMIC IV II to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates, the Mezzanine Certificates and the Class M B Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders, the Mezzanine Certificateholders and Class B Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $58,000 with respect to Certificates covered by the Group I Cap Contract and $39,000 with respect to Certificates covered by the Group II Cap Contract.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ace Securities Corp Series HE2)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated non-interest bearing trust account titled, “Reserve Fund, Xxxxx Fargo BankDeutsche Bank National Trust Company, National Associationas Trustee, in trust for the registered holders Holders of Deutsche Alt-A Securities, Inc. Long Beach Mortgage Loan TrustTrust 2006-WL3, Asset-Backed Certificates, Series 2006-AR2, Mortgage Pass-Through Certificates”. WL3.” The Trustee shall account for the right to receive payments from the Reserve Fund as property that the Trustee holds separate and apart from the REMIC Regular Interests. (a) The following amounts shall be deposited into the Reserve Fund: (i) On the Closing Date, the Depositor will deposit shall deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000.; (bii) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to any of the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates, the Securities Administrator will Trustee has been directed by the Holders of the Class C Certificates to, and therefore shall, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(d)(i)(n), rather than distributing such amounts to the Class CE Certificateholders. ; and (iii) On each such Distribution DateDate as to which there are no Net WAC Rate Carryover Amounts, the Securities Administrator Trustee shall hold all such amounts for deposit into the benefit Reserve Fund on behalf of the Holders of the Class A Certificates and the Class M C Certificates, and will distribute from amounts otherwise distributable to such Class C Certificates, an amount such that when added to other amounts to the Holders of the Class A Certificates and the Class M Certificates already on deposit in the amounts and priorities set forth in Reserve Fund, the last paragraph of Section 4.1(a)(iii)aggregate amount on deposit therein is equal to $1,000. (cb) The Reserve Fund shall be treated as an “outside reserve fund” under applicable Treasury regulations and shall not be part of any REMIC created hereunder. For federal and state income tax purposes, the Holders of the Class CE Certificateholders will C Certificates shall be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV 3 to REMIC CX in respect of the Class C Interest, and then distributed by REMIC CX to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundFor federal and state income tax purposes, or the payment payments in full respect of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M B Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1860G(a)(1). (dc) By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder hereby agrees that C Certificate shall be deemed to have directed the Securities Administrator will Trustee to, and the Trustee shall pursuant to such direction, deposit into the Reserve Fund the amounts described in Section 3.26(a)(ii) and (a)(iii) above on each Distribution Date rather than distributing such amounts to the Class CE CertificateholdersDate. By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder C Certificate further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (ed) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in the Reserve Fund in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. Notwithstanding the foregoing, any funds in the Reserve Fund shall be invested in Deutsche Bank Cash Management Fund 541 for so long as such investment complies with clause (vi) of the definition of Permitted Investments. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause . (e)) For federal tax return and information reporting, the right of the Certificateholders to receive payment on account of the Class A Certificates, the Mezzanine Certificates and the Class B Certificates from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2006-Wl3)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2006-AR2AF1, Mortgage Pass-Through Certificates”. On the Closing Date, the Depositor will deposit or cause to be deposited into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Certificates, the Securities Administrator will deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii). (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by REMIC IV to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Af1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee shall establish and maintain a separate, segregated trust account titled, "Reserve Fund, Xxxxx Fargo JPMorgan Chase Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062003-AR2FM1, Mortgage Asset Backed Pass-Through Certificates”. Txxxxxx Xxxxxxxxates." On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Trustee under the Cap Contracts and deposited into Reserve Fund the for the benefit of the Class A-1 Certificates and Class A-2 Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Mezzanine Certificates, the Trustee will deposit, based on the instructions received by it from the Securities Administrator will deposit Administrator, into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(a)(7)(xv), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator Trustee shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Mezzanine Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Mezzanine Certificates in the amounts and priorities set forth in Section 5.01(a). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Trustee shall deposit, based on the instructions received by it from the Securities Administrator, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator Trustee will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator Trustee is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. The Trustee shall invest amounts on deposit in the Reserve Fund in JPMorgan Prime Money Market Fund. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator Trustee be liable for any investments made pursuant to this clause (e). (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ace Securities Corp)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, "Reserve Fund, Xxxxx Fargo Bank, National AssociationN.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20060000-AR2XX0, Mortgage Xxxxx Backed Pass-Through Certificates”. On the Closing Date, the Depositor will deposit or cause to be ." The amount deposited into in the Reserve Fund an amount equal shall be increased by any payments received by the Securities Administrator under the Cap Contracts relating to $1,000the Group IA Mortgage Loans and deposited into Reserve Fund for the benefit of the Class A-1A Certificates, Mezzanine Certificates and the Class B Certificates, under the Cap Contract relating to the Group IB Mortgage Loans and deposited in the Reserve Fund for the benefit of the Class A-1B Certificates, the Mezzanine Certificates and the Class B Certificates and under the Cap Contract relating to the Group II Mortgage Loans and deposited in the Reserve Fund for the benefit of the Class A-2 Certificates, the Mezzanine Certificates and the Class B Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(a)(7)(ix), rather than distributing such amounts to the Class CE Certificateholders, and Section 5.01(a)(7)(x). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates, B Certificates and will distribute such amounts to the Holders of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates B Certificates, in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii5.01(a). (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by REMIC IV II to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates, the Mezzanine Certificates and the Class M B Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders, the Mezzanine Certificateholders and Class B Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $56,565.00 with respect to Certificates covered by the Group IA Cap Contract, $67,281.00 with respect to Certificates covered by the Group IB Cap Contract and $631,153.00 with respect to Certificates covered by the Group II Cap Contract.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp Series 2004-Fm2)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, “Reserve Fund, Xxxxx Fargo Bank, National AssociationN.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 2006-AR2HE3, Mortgage Asset Backed Pass-Through Certificates”. .” On the Closing Date, the Depositor will deposit deposit, or cause to be deposited, into the Reserve Fund $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Securities Administrator under the Group I Cap Contract and deposited into the Reserve Fund an amount equal to $1,000for the benefit of the Class A-1 Certificates and the Mezzanine Certificates and under the Group II Cap Contract and deposited in the Reserve Fund for the benefit of the Class A-2 Certificates and the Mezzanine Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(c)(7)(vi), rather than distributing such amounts to the Class CE CertificateholdersCertificateholders pursuant to Section 5.01(c)(7)(vii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, Mezzanine Certificates and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates Mezzanine Certificates, in the amounts and priorities set forth in Section 5.01(a). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Reserve Fund be disregarded as an entity separate from the Holder of the Class CE Certificateholders will be deemed Certificates unless and until the date when either (a) there is more than one Class CE Certificateholder or (b) any Class of Certificates in addition to be the owners of Class CE Certificates is recharacterized as an equity interest in the Reserve Fund for federal income tax purposes, in which case it is the intention of the parties hereto that, for federal and all state income and state and local franchise tax purposes, the Reserve Fund be treated as a partnership. The Master Servicer shall not be required to prepare and file partnership tax returns in respect of such partnership unless it receives additional reasonable compensation (not to exceed $10,000 per year) for the preparation of such filings, written notification recognizing the creation of a partnership agreement or comparable documentation evidencing the partnership. All amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000 and any amounts paid to the Reserve Fund from the Cap Contracts) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund constitutes an “outside reserve fund” within the meaning of Treasury Regulation § 1.860G-2(h). The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $90,000.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He3)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2006-AR2AF1, Mortgage Pass-Through Certificates”. On the Closing Date, the Depositor will deposit or cause to be deposited into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Certificates, the Securities Administrator will deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii). (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by REMIC IV to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). (f) For federal tax return and information reporting, the right of the Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $1,000. For federal tax return and information reporting, the right of the Class A Certificateholders and the Class M Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Inc)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2006-AR2, Mortgage Pass-Through Certificates”. On the Closing Date, the Depositor will deposit or cause to be deposited into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Certificates, the Securities Administrator will Trustee shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F), rather than distributing such amounts to the Class CE CertificateholdersReserve Fund Deposit. On each such Distribution Date, the Securities Administrator Trustee shall hold all such amounts for deposit in the benefit of Reserve Fund the Holders of Required Reserve Fund Deposit. On any Distribution Date, the Class A Certificates Trustee shall withdraw from the Reserve Fund and the Class M Certificates, and will distribute such amounts to the Holders of the Class A A-II Certificates an amount equal to the lesser of (i) any Basis Risk Shortfall Carry-Forward Amount for such Distribution Date and (ii) the excess of (x) the amount in the Reserve Fund (including amounts deposited in the Reserve Fund on such Distribution Date) over (y) $10,000. Following the payments described in the preceding sentence, any amounts remaining in the Reserve Fund in excess of the Required Reserve Fund Deposit shall be distributed to the Class M Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii)SB-II Certificates. (cb) For federal The Reserve Fund shall be an Eligible Account. Amounts held in the Reserve Fund from time to time shall continue to constitute assets of the Trust Fund, but not of the REMICs, until released from the Reserve Fund pursuant to this Section 4.10. The Reserve Fund constitutes an "outside reserve fund" within the meaning of Treasury Regulation ss.1.860G-2(h) and state income tax purposes, is not an asset of the REMICs. The Holders of the Class CE Certificateholders will be deemed to be SB-II Certificates are the owners of the Reserve Fund and and, for all federal tax purposes, amounts deposited into transferred by the REMICs to the Reserve Fund shall be are treated as amounts distributed by REMIC IV the REMICs to the Holders of the Class CE SB-II Certificates and then transferred by the Holder of the Class SB-II Certificate to the Reserve Fund. (c) The Trustee shall keep records that accurately reflect the funds on deposit in the Reserve Fund. The Trustee shall invest the Reserve Fund in Permitted Investments at the direction of the Holder of at least a 50.01% Percentage Interest of the Class SB-II Certificates. On each Distribution Date, the Trustee shall distribute to the holder of the Class SB-II Certificates any investment earnings on amounts on deposit in the Reserve Fund. Upon the termination of the Trust FundFund pursuant to Section 9.01 of this Agreement, or the payment in full of the Class A Certificates and the Class M Certificates, all any amounts remaining on deposit in the Reserve Fund will shall be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders holder of the Class A Certificates or the Class M Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1)SB-II Certificates. (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, related to the Group I Certificates titled Group I Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Securities Mortgage Loan Trust, Series 20062007-AR2AR3, Mortgage Pass-Through Certificates”. On the Closing Date, the Depositor will deposit or cause to be deposited into the Group I Reserve Fund an amount equal to $1,000. No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account related to the Group II Certificates titled “Group II Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities Mortgage Loan Trust, Series 2007-AR3, Mortgage Pass-Through Certificates”. On the Closing Date, the Depositor will deposit or cause to be deposited into the Group II Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a related Net WAC Rate Carryover Amount payable to the Class A Certificates Group I Senior or the Class M Subordinate Certificates, the Securities Administrator will deposit into the Group I Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.1(a)(iii)(g), rather than distributing such amounts to the Class I-CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates Group I Senior and the Class M Subordinate Certificates, and will distribute such amounts to the Holders of the Class A Certificates Group I Senior and the Class M Subordinate Certificates in the amounts and priorities set forth in Section 4.1(a)(iv). On each Distribution Date as to which there is a related Net WAC Rate Carryover Amount payable to the last paragraph Group II Senior or Subordinate Certificates, the Securities Administrator will deposit into the Group II Reserve Fund the amounts described in Section 5.1(a)(iii)(g), rather than distributing such amounts to the Class II-CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Group II Senior and Subordinate Certificates, and will distribute such amounts to the Holders of the Group II Senior and Subordinate Certificates in the amounts and priorities set forth in Section 4.1(a)(iii5.1(a)(iv). (c) For federal and state income tax purposes, the Class I-CE Certificateholders will be deemed to be the owners of the Group I Reserve Fund and all amounts deposited into the Group I Reserve Fund shall be treated as amounts distributed by REMIC IV V to the Holders of the Class I-CE Certificates. For federal and state income tax purposes, the Class II-CE Certificateholders will be deemed to be the owners of the Group II Reserve Fund and all amounts deposited into the Group II Reserve Fund shall be treated as amounts distributed by REMIC XI to the Holders of the Class II-CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates related Senior and the Class M Subordinate Certificates, all amounts remaining on deposit in the related Reserve Fund will be released by the Trust Fund and distributed to the Holders of the related Class CE Certificateholders Certificates or their designees. The Reserve Fund Funds will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A related Senior Certificates or the Class M Subordinate Certificates of related Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder such Holder hereby agrees that the Securities Administrator will deposit into the related Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the related Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator Administrator, as directed by the majority Holder of the related Class CE Certificates, shall direct any depository institution maintaining the related Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. If the Holders of a majority in Percentage Interest in the related Class CE Certificates fail to provide investment instructions, funds on deposit in the related Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar3)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, “Reserve Fund, Xxxxx Wxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062007-AR2HE1, Mortgage Asset Backed Pass-Through Certificates”. .” On the Closing Date, the Depositor will deposit deposit, or cause to be deposited, into the Reserve Fund $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Securities Administrator under the Group I Cap Contract and deposited into the Reserve Fund an amount equal to $1,000for the benefit of the Class A-1 Certificates and the Mezzanine Certificates and under the Group II Cap Contract and deposited in the Reserve Fund for the benefit of the Class A-2 Certificates and the Mezzanine Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(c)(7)(vi), rather than distributing such amounts to the Class CE CertificateholdersCertificateholders pursuant to Section 5.01(c)(7)(viii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, Mezzanine Certificates and will distribute such amounts to the Holders of the Class A Certificates and the Class M Certificates Mezzanine Certificates, in the amounts and priorities set forth in Section 5.01(c). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Reserve Fund be disregarded as an entity separate from the Holder of the Class CE Certificateholders will be deemed Certificates unless and until the date when either (a) there is more than one Class CE Certificateholder or (b) any Class of Certificates in addition to be the owners of Class CE Certificates is recharacterized as an equity interest in the Reserve Fund for federal income tax purposes, in which case it is the intention of the parties hereto that, for federal and all state income and state and local franchise tax purposes, the Reserve Fund be treated as a partnership. The Master Servicer shall not be required to prepare and file partnership tax returns in respect of such partnership unless it receives additional reasonable compensation (not to exceed $10,000 per year) for the preparation of such filings, written notification recognizing the creation of a partnership agreement or comparable documentation evidencing the partnership. All amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000 and any amounts paid to the Reserve Fund from the Cap Contracts) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund constitutes an “outside reserve fund” within the meaning of Treasury Regulation § 1.860G-2(h). The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution Depository Institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund and the Supplemental Interest Trust in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $243,586. (g) In the event that a Cap Contract is terminated prior to the Distribution Date in July 2007, the Securities Administrator, at the direction of the Depositor, shall use reasonable efforts to appoint a successor cap counterparty using any cap agreement termination payments paid by the Cap Counterparty. If the Securities Administrator is unable to locate a qualified successor cap counterparty within thirty (30) days of the Early Termination Date (as defined in the Cap Contract), any cap agreement termination payments paid by the Cap Counterparty will be deposited into a separate non-interest bearing Eligible Account and the Securities Administrator, on each subsequent Distribution Date (until the termination date of the Cap Contract or the appointment of a successor cap counterparty), will withdraw from the amount then remaining on deposit in such reserve account an amount equal to the payment, if any, that would have been paid to the Securities Administrator by the original Cap Counterparty calculated in accordance with the terms of the original Cap Contract, and distribute such amount to the holders of the Certificates in accordance with Section 5.01. (h) In the event that the Cap Counterparty fails to perform any of its obligations under a Cap Contract (including, without limitation, its obligation to make any payment or transfer collateral), or breaches any of its representations and warranties thereunder, or in the event that an Event of Default, Termination Event, or Additional Termination Event (each as defined in the Cap Contract) occurs with respect to the related Cap Contract, the Securities Administrator shall immediately, but no later than the next Business Day following such failure or breach, notify the Depositor and send any notices and make any demands, on behalf of the Holders of the Offered Certificates, in accordance with the Cap Contract. (i) In the event that the Cap Counterparty’s obligations are guaranteed by a third party under a guaranty relating to a Cap Contract (such guaranty the “Guaranty” and such third party the “Guarantor”), then to the extent that the Cap Counterparty fails to make any payment by the close of business on the day it is required to make payment under the terms of the Cap Contract, the Securities Administrator shall, as soon as practicable, but no later than two (2) business days after the Swap Provider’s failure to pay, demand that the Guarantor make any and all payments then required to be made by the Guarantor pursuant to such Guaranty; provided, that the Securities Administrator shall in no event be liable for any failure or delay in the performance by the Cap Counterparty or any Guarantor of its obligations hereunder or pursuant to the Cap Contract and the Guaranty, nor for any special, indirect or consequential loss or damage of any kind whatsoever (including but not limited to lost profits) in connection therewith.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-He1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, "Reserve Fund, Xxxxx Wells Fargo BankBank Minnesota, National Naxxxxxl Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062004-AR2FM1, Mortgage Asset Backed Pass-Through Certificates”. Thxxxxx Xxxxxxxxxtes." On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Securities Administrator under the Cap Contract relating to Group I and deposited into Reserve Fund for the benefit of the Class A-1 Certificates, Class A-3 Certificates, Mezzanine Certificates and Class B Certificates and under the Cap Contract relating to Group II and deposited in the Reserve Fund for the benefit of the Class A-2 Certificates, Mezzanine Certificates and Class B Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(a)(7)(xxv), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates, the Mezzanine Certificates and the Class M B Certificates, and will distribute such amounts to the Holders of the Class A Certificates, the Mezzanine Certificates and the Class M B Certificates in the amounts and priorities set forth in Section 5.01(a). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV II to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates, the Mezzanine Certificates and the Class M B Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders, the Mezzanine Certificateholders and Class B Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ace Securities Corp Home Equity Loan Trust Series 2004 Fm1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee shall establish and maintain a separate, segregated trust account titled, "Reserve Fund, Xxxxx Fargo BankBank One, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062002-AR2HE3, Mortgage Asset Backed Pass-Through Certificates”. ." On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Trustee under the Cap Contract and deposited into Reserve Fund the for the benefit of the Class A-2 Certificates and the Class M Certificates. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M Mezzanine Certificates, the Securities Administrator will Trustee has been directed by the Class CE Certificateholders to, and therefore will, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.01(a)(4)(xii), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator Trustee shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Mezzanine Certificates, and will distribute such amounts to the Holders of the Class A Certificates and the Class M Mezzanine Certificates in the amounts and priorities set forth in Section 4.01(a). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Trustee shall deposit into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV III to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that to direct the Securities Administrator will Trustee, and the Trustee hereby is directed, to deposit into the Reserve Fund the amounts described above on each Distribution Date as to which there is any Net WAC Rate Carryover Amount rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class CE Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in such account in Permitted Investments managed by the Trustee or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event . (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Mezzanine Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall the Securities Administrator be liable for any investments made pursuant to this clause (e)assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ace Securities Corp)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Securities Mortgage Loan Trust, Series 20062007-AR22, Mortgage Pass-Through Certificates”. On the Closing Date, the Depositor will deposit or cause to be deposited into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Senior Certificates (other than the Interest Only Certificates) or the Class M Mezzanine Certificates, the Securities Administrator will deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F4.1(a)(iii)(g), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Senior Certificates and (other than the Class M Interest Only Certificates) or the Mezzanine Certificates, and will distribute such amounts to the Holders of the Class A Senior Certificates and (other than the Class M Interest Only Certificates) or the Mezzanine Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii4.1(a)(iv). (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by the Master REMIC IV to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Senior Certificates (other than the Interest Only Certificates) and the Class M Mezzanine Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Senior Certificates (other than the Interest Only Certificates) or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date described above rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator Administrator, as directed by the majority Holder of the Class CE Certificates, shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust Series 2007-2)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator The Trustee shall establish a Reserve Fund on behalf of the Holders of the Class A, Class B, Class M and maintain a separate, segregated trust account titled, Class C Certificates. The Reserve Fund shall be an Eligible Account. The Reserve Fund shall be entitled “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust N.A. as Trustee for the registered holders benefit of Deutsche AltHolders of Bear Xxxxxxx Asset Backed Securities I LLC, Asset-A Securities, Inc. Mortgage Loan TrustBacked Certificates, Series 20062007-AR2AC4, Mortgage Pass-Through Class A-1, Class X-0, Xxxxx X-0, Class X-0, Xxxxx X-0, Class M-1, Class M-2, Class B-1, Class B-2 and Class C Certificates”. On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) the Reserve Fund Deposit. On each Distribution Date as to which there is a Net WAC Rate Carryover Basis Risk Shortfall Carry Forward Amount payable to the any Class A Certificates or the Class M of Certificates, the Securities Administrator will Trustee shall deposit the amounts distributable pursuant to clauses (D) and (E) of Section 6.04(a)(3) into the Reserve Fund Fund, and the amounts described in Section 4.1(a)(iii)(F), rather than distributing such amounts to Trustee has been directed by the Class CE Certificateholders. On each such Distribution Date, C Certificateholder to distribute any amounts then on deposit in the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and the Class M Certificates, and will distribute such amounts Reserve Fund to the Holders of the Class A Certificates and the A, Class M and Class B Certificates in respect of Basis Risk Shortfall Carry Forward Amounts for each such Class in the amounts and priorities set forth in the last paragraph clauses (D) and (E) of Section 4.1(a)(iii6.04(a)(3). Any amount paid to the Holders of Class A, Class M or Class B Certificates from amounts distributable pursuant to clauses (D) and (E) of Section 6.04(a)(3) pursuant to the preceding sentence in respect of Basis Risk Shortfall Carry Forward Amounts shall be treated as distributed to the Class C Certificateholder in respect of the Class C Certificates and paid by the Class C Certificateholder to the Holders of the Class A, Class M or Class B Certificates. Any payments to the Holders of the Class A, Class M or Class B in respect of Basis Risk Shortfall Carry Forwards Amounts pursuant to the second preceding sentence shall not be payments with respect to a Regular Interest in a REMIC within the meaning of Section 860G(a)(1) of the Code. (b) The Reserve Fund is an “outside reserve fund” within the meaning of Treasury Regulation Section 1.860G-2(h) and shall be an asset of the Trust Fund but not an asset of any REMIC. The Trustee on behalf of the Trust shall be the nominal owner of the Reserve Fund. The Class C Certificateholders shall be the beneficial owners of the Reserve Fund, subject to the power of the Trustee to transfer amounts under Section 6.04(a)(3). Amounts in the Reserve Fund shall be held either uninvested in a trust or deposit account of the Trustee with no liability for interest or other compensation thereof or, at the direction of the majority Class C Certificateholder, be invested in Permitted Investments that mature no later than the Business Day prior to the next succeeding Distribution Date. All net income and gain from such investments shall be distributed to the Class C Certificateholders, pro rata among such Certificateholders, not as a distribution in respect of any interest in any REMIC, on such Distribution Date. All amounts earned on amounts on deposit in the Reserve Fund shall be taxable to the Class C Certificateholder. Any losses on such investments shall be deposited in the Reserve Fund by the Class C Certificateholders, pro rata out of their own funds immediately as realized. In the event that the Class C Certificateholder shall fail to provide investment instructions to the Trustee, the amounts on deposit in the Reserve Fund shall be held uninvested. (c) For federal tax return and state income tax purposesinformation reporting, the Class CE Certificateholders will be deemed to be the owners right of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by REMIC IV to the Holders of the Class CE Certificates. Upon the termination of the Trust FundA, or the payment in full of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in and Class B Certificates to receive payments from the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part in respect of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Certificates of Net WAC Rate Carryover Basis Risk Shortfall Carry Forward Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e)assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac4)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titled, “Reserve Fund, Xxxxx Wxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A B Securities, Inc. Mortgage Loan Trust, Series 2006-AR2AB1, Mortgage Pass-Through Certificates.. On the Closing Date, the Depositor will deposit or cause to be deposited into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates (other than the Class A-X-1, Class A-X-2 and Class A-X Certificates) or the Class M Certificates, the Securities Administrator will deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F), rather than distributing such amounts to the Class CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates Certificates, other than the Class A-X-1, Class A-X-2 and Class A-X Certificates, and the Class M Certificates, and will distribute such amounts to the Holders of the Class A Certificates Certificates, other than the Class A-X-1, Class A-X-2 and Class A-X Certificates, and the Class M Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii). (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund shall be treated as amounts distributed by REMIC IV to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). (f) For federal tax return and information reporting, the right of the Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $1,000. For federal tax return and information reporting, the right of the Class A Certificateholders (other than the A-X-1, Class A-X-2 and Class A-X Certificateholders) and the Class M Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $1,000.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-Ab1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, “Reserve Fund, Xxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062005-AR2HE6, Mortgage Asset Backed Pass-Through Certificates”. .” On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(a)(7)(vi), rather than distributing such amounts to the Class CE Certificateholders, and Section 5.01(a)(7)(viii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates, B Certificates and will distribute such amounts to the Holders of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates B Certificates, in the amounts and priorities set forth in Section 5.01(a). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV II to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates, the Mezzanine Certificates and the Class M B Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders, the Mezzanine Certificateholders and Class B Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $80,000 with respect to the Certificates covered by the Swap Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2005-He6)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, "Reserve Fund, Xxxxx Wells Fargo Bank, National AssociationN.A., in trust for trusx xxx the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062004-AR2RM2, Mortgage Asset Backed Pass-Through Certificates”. ." On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. In addition, the amount deposited in the Reserve Fund shall be increased by any payments received by the Securities Administrator under the Cap Contract and deposited into Reserve Fund for the benefit of the Class A Certificates, Mezzanine Certificates and the Class B Certificates; provided that the amount of any Excess Cap Payments shall be held for the benefit of the Class CE Certificates and payable pursuant to Section 5.01(a)(5)(viii). (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(a)(5)(vi), rather than distributing such amounts to the Class CE Certificateholders, and Section 5.01(a)(5)(vii). On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates, B Certificates and will distribute such amounts to the Holders of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates B Certificates, in the amounts and priorities set forth in Section 5.01(a). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE Certificateholders, from amounts otherwise distributable to the Class CE Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000 and any amounts paid to the Reserve Fund from the Cap Contract) shall be treated as amounts distributed by REMIC IV II to the Holders of the Class CE Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates, the Mezzanine Certificates and the Class M B Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE Certificates, the Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders, the Mezzanine Certificateholders and Class B Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of $140,000.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp Series 2004-Rm2)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator shall establish and maintain a separate, segregated trust account titledentitled, “Reserve Fund, Xxxxx Wxxxx Fargo Bank, National AssociationN.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage ACE Securities Corp. Home Equity Loan Trust, Series 20062005-AR2SL1, Mortgage Asset Backed Pass-Through Certificates”. .” On the Closing Date, the Depositor will deposit deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000. (b) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates or the Class M CertificatesDate, the Securities Administrator will shall deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F5.01(a)(5)(vi), rather than distributing such amounts to the Class CE CE-1 Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates, B Certificates and will distribute such amounts to the Holders of the Class A Certificates, the Mezzanine Certificates and the Class M Certificates B Certificates, in the amounts and priorities set forth in Section 5.01(a). If no Net WAC Rate Carryover Amounts are payable on a Distribution Date, the last paragraph Securities Administrator shall deposit, into the Reserve Fund on behalf of Section 4.1(a)(iii)the Class CE-1 Certificateholders, from amounts otherwise distributable to the Class CE-1 Certificateholders, an amount such that when added to other amounts already on deposit in the Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Class CE CE-1 Certificateholders will be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV II to the Holders of the Class CE CE-1 Certificates. Upon the termination of the Trust Fund, or the payment in full of the Class A Certificates, the Mezzanine Certificates and the Class M B Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE CE-1 Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates, the Mezzanine Certificates or the Class M B Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE CE-1 Certificate, each Class CE CE-1 Certificateholder hereby agrees that the Securities Administrator will deposit into the Reserve Fund the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE CE-1 Certificateholders. By accepting a Class CE CE-1 Certificate, each Class CE CE-1 Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The At the direction of the Holders of a majority in Percentage Interest in the Class CE-1 Certificates, the Securities Administrator shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). If the Holders of a majority in Percentage Interest in the Class CE-1 Certificates fail to provide investment instructions, funds on deposit in the Reserve Fund shall be held uninvested by the Securities Administrator without liability for interest or compensation. (f) For federal tax return and information reporting, the right of the Class A Certificateholders, the Mezzanine Certificateholders and Class B Certificateholders to receive payments from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2005-Sl1)

Reserve Fund. (a) No later than the Closing Date, the Securities Administrator Trustee, on behalf of the Certificateholders, shall establish and maintain with itself a separate, segregated non-interest bearing trust account titled, “Reserve Fund, Xxxxx Fargo Bank, LaSalle Bank National Association, as Trustee, in trust for the registered holders of Deutsche AltWashington Mutual Asset-A Securities, Inc. Mortgage Loan TrustBacked Certificates WMABS, Series 20062007-AR2, Mortgage Pass-Through Certificates”. HE2.” The Trustee shall account for the right to receive payments from the Reserve Fund as property that the Trustee holds separate and apart from the REMIC Regular Interests. (a) The following amounts shall be deposited into the Reserve Fund: (i) On the Closing Date, the Depositor will deposit Company shall deposit, or cause to be deposited deposited, into the Reserve Fund an amount equal to $1,000.; (bii) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to any of the Class A Certificates or the Class M Mezzanine Certificates, the Securities Administrator will Trustee has been directed by the Holders of the Class C Certificates to, and therefore shall, deposit into the Reserve Fund the amounts described in Section 4.1(a)(iii)(F), rather than distributing such amounts to the Class CE Certificateholders. 4.05; and (iii) On each such Distribution DateDate as to which there are no Net WAC Rate Carryover Amounts, the Securities Administrator Trustee shall hold all such amounts for deposit into the benefit Reserve Fund on behalf of the Holders of the Class A Certificates and the Class M C Certificates, and will distribute from amounts otherwise distributable to such Class C Certificates, an amount such that when added to other amounts to the Holders of the Class A Certificates and the Class M Certificates already on deposit in the amounts and priorities set forth in Reserve Fund, the last paragraph of Section 4.1(a)(iii)aggregate amount on deposit therein is equal to $1,000. (cb) The Reserve Fund shall be treated as an “outside reserve fund” under applicable Treasury regulations and shall not be part of any REMIC created hereunder. For federal and state income tax purposes, the Holders of the Class CE Certificateholders will C Certificates shall be deemed to be the owners of the Reserve Fund and all amounts deposited into the Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC III to REMIC IV in respect of the Class C Interest, and then distributed by REMIC IV to the Holders of the Class CE C Certificates. Upon the termination of the Trust FundFor federal and state income tax purposes, or the payment payments in full respect of the Class A Certificates and the Class M Certificates, all amounts remaining on deposit in the Reserve Fund will be released by the Trust Fund and distributed to the Class CE Certificateholders or their designees. The Reserve Fund will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1860G(a)(1). (dc) By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder hereby agrees that C Certificate shall be deemed to have directed the Securities Administrator will Trustee to, and the Trustee shall pursuant to such direction, deposit into the Reserve Fund the amounts described in Section 3.22(a)(ii) and (a)(iii) above on each Distribution Date rather than distributing such amounts to the Class CE CertificateholdersDate. By accepting a Class CE C Certificate, each Holder of a Class CE Certificateholder C Certificate further agrees that its agreement to such action by the Securities Administrator direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (ed) The Securities Administrator At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trustee shall direct any depository institution maintaining the Reserve Fund to invest the funds in such account in one or more Permitted Eligible Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator Trustee or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator Trustee or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trustee, the Trustee shall invest the funds in the Reserve Fund in Eligible Investments managed by the Trustee or an Affiliate of the kind described in clauses (iii) or (vii) of the definition of Eligible Investments. All income and gain earned upon such investment shall be deposited into the Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause . (e)) For federal tax return and information reporting, the right of the Certificateholders to receive payment on account of the Class A Certificates and the Mezzanine Certificates from the Reserve Fund in respect of any Net WAC Rate Carryover Amount shall be assigned a value of zero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Washington Mutual Asset-Backed Certificates, WMABS Series 2007-He2)