Common use of Supplemental Float Account Clause in Contracts

Supplemental Float Account. On the Closing Date, the Trustee shall establish and maintain in its name, a separate trust account for the benefit of the holders of the LIBOR Certificates (the "Supplemental Float Account") as a part of the Trust Fund. The Supplemental Float Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Trustee held pursuant to this Agreement. Funds in the Supplement Float Account shall remain uninvested. On the Remittance Date, to the extent required pursuant to Section 3.21(c), the Servicer shall remit and report any interest or investment income earned on funds deposited in the Collection Account and the Trustee shall deposit such interest or investment income into the Supplemental Float Account. Funds in the Supplemental Float Account will be distributed in the following order of priority: (i) to the Class A Certificates, to pay Accrued Certificate Interest Distribution Amounts and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i), to the extent unpaid from Available Funds and the Supplemental Interest Account; (ii) sequentially, to the Class M-1, Class M-2, Class M-3, Class B-1, Class B-2, Class B-3, Class B-4 and Class B-5 Certificates, in that order, to pay Accrued Certificate Interest Distribution Amounts and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i) and (iii), to the extent unpaid from Available Funds and the Supplemental Interest Account; (iii) sequentially, to the Class A, Class M-1, Class M-2, Class M-3, Class B-1, Class B-2, Class B-3, Class B-4 and Class B-5 Certificates, in that order, to pay principal as described in Section 4.02(a)(ii)(A) or Section 4.02(a)(ii)(B), as applicable, but only to the extent necessary to restore the Subordinated Amount to the Specified Subordinated Amount as a result of current or prior Realized Losses not previously reimbursed, after giving effect to payments and distributions from Available Funds and the Supplemental Interest Account; (iv) sequentially, to the Class M-1, Class M-2, Class M-3, Class B-1, Class B-2, Class B-3, Class B-4 and Class B-5 Certificates, in that order, to pay any Unpaid Interest Amounts as described in Section 4.02(a)(iii), to the extent unpaid from Available Funds and the Supplemental Interest Account; and (v) to the holders of the Class R-I Certificates, any remaining amounts. Upon termination of the Trust, any amounts remaining in the Supplemental Float Account shall be distributed pursuant to the priorities set forth in this Section 4.07.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr2), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr3)

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Supplemental Float Account. On or prior to the Closing first Distribution Date, the Trustee shall establish and maintain in its name, a separate trust account for the benefit of the holders of the LIBOR Certificates (the "Supplemental Float Account") as a part of the Trust Fund. The Supplemental Float Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Trustee held pursuant to this Agreement. Funds in the Supplement Float Account shall remain uninvested. On the Remittance Date, to the extent required pursuant to Section 3.21(c), the Servicer shall remit and report any interest or investment income earned on funds deposited in the Collection Account and the Trustee shall deposit such interest or investment income into the Supplemental Float Account. Funds on deposit in the Supplemental Float Account will be distributed in the following order of priority: (i) to the Swap Provider, the sum of (x) all Net Swap Payments and (y) any Swap Termination Payment (to the extent not previously received by the Swap Provider as a Replacement Swap Provider Payment), other than a Defaulted Swap Termination Payment, to the Swap Provider, if any, owed to the Swap Provider and to the extent unpaid from Available Funds and the Supplemental Interest Account; (ii) to the Class A Certificates, to pay Accrued Certificate Interest Distribution Amounts and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i), to the extent unpaid from Available Funds and the Supplemental Interest Account; (iiiii) sequentially, to the Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class B-1, Class B-2, Class B-3, Class B-4 and Class B-5 X-0 xxx Xxxxx B-3 Certificates, in that order, to pay Accrued Certificate Interest Distribution Amounts and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i) and (iii), to the extent unpaid from Available Funds and the Supplemental Interest Account; (iiiiv) sequentially, to the Class A, Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class B-1, Class B-2, Class B-3, Class B-4 B-2 and Class B-5 B-3 Certificates, in that order, to pay principal as described in Section 4.02(a)(ii)(A) or Section 4.02(a)(ii)(B), as applicable, but only to the extent necessary to restore the Subordinated Amount to the Specified Subordinated Amount as a result of current or prior Realized Losses not previously reimbursed, after giving effect to payments and distributions from Available Funds and the Supplemental Interest Account; (ivv) sequentially, to the Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class B-1, Class B-2, Class B-3, Class B-4 and Class B-5 X-0 xxx Xxxxx B-3 Certificates, in that order, to pay any Unpaid Interest Amounts as described in Section 4.02(a)(iii), to the extent unpaid from Available Funds and the Supplemental Interest Account; (vi) to the Swap Provider, any Defaulted Swap Termination Payment owed to the Swap Provider and the extent unpaid from Available Funds and the Supplemental Interest Account; and (vvii) if funds on deposit in the Supplemental Float Account have reached an amount equal to $6,000, to the holders of the Class R-I Certificates, any remaining amounts. Upon termination of the Trust, any amounts remaining in the Supplemental Float Account shall be distributed pursuant to the priorities set forth in this Section 4.07.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr4)

Supplemental Float Account. On or prior to the Closing first Distribution Date, the Trustee shall establish and maintain in its name, a separate trust account for the benefit of the holders of the LIBOR Certificates (the "Supplemental Float Account") as a part of the Trust Fund. The Supplemental Float Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Trustee held pursuant to this Agreement. Funds in the Supplement Float Account shall remain uninvested. On the Remittance Date, to the extent required pursuant to Section 3.21(c), the Servicer shall remit and report any interest or investment income earned on funds deposited in the Collection Account and the Trustee shall deposit such interest or investment income into the Supplemental Float Account. Funds on deposit in the Supplemental Float Account will be distributed in the following order of priority: (i) to the Swap Provider, the sum of (x) all Net Swap Payments and (y) any Swap Termiantion Payment (to the extent not previously received by the Swap Provider as a Replacement Swap Provider Payment Payment), other than a Defaulted Swap Termination Payment, to the Swap Provider, if any, owed to the Swap Provider and to the extent unpaid from Available Funds and the Supplemental Interest Account; (ii) to the Class A Certificates, to pay Accrued Certificate Interest Distribution Amounts and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i), to the extent unpaid from Available Funds and the Supplemental Interest Account; (iiiii) sequentially, to the Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class B-1, Class B-2X-0, Class B-3, Xxxxx X-3 and Class B-4 and Class B-5 Certificates, in that order, to pay Accrued Certificate Interest Distribution Amounts and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i) and (iii), to the extent unpaid from Available Funds and the Supplemental Interest Account; (iiiiv) sequentially, to the Class A, Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class B-1, Class B-2, Class B-3, B-3 and Class B-4 and Class B-5 Certificates, in that order, to pay principal as described in Section 4.02(a)(ii)(A) or Section 4.02(a)(ii)(B), as applicable, but only to the extent necessary to restore the Subordinated Amount to the Specified Subordinated Amount as a result of current or prior Realized Losses not previously reimbursed, after giving effect to payments and distributions from Available Funds and the Supplemental Interest Account; (ivv) sequentially, to the Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class B-1, Class B-2X-0, Class B-3, Xxxxx X-3 and Class B-4 and Class B-5 Certificates, in that order, to pay any Unpaid Interest Amounts as described in Section 4.02(a)(iii), to the extent unpaid from Available Funds and the Supplemental Interest Account; (vi) to the Swap Provider, any Defaulted Swap Termination Payment owed to the Swap Provider and the extent unpaid from Available Funds and the Supplemental Interest Account; and (vvii) if funds on deposit in the Supplemental Interest Account have reached an amount equal to $6,000, to the holders of the Class R-I Certificates, any remaining amounts. Upon termination of the Trust, any amounts remaining in the Supplemental Float Account shall be distributed pursuant to the priorities set forth in this Section 4.07.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm3)

Supplemental Float Account. On or prior to the Closing first Distribution Date, the Trustee shall establish and maintain in its name, a separate trust account for the benefit of the holders of the LIBOR Certificates (the "Supplemental Float Account") as a part of the Trust Fund. The Supplemental Float Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Trustee held pursuant to this Agreement. Funds in the Supplement Float Account shall remain uninvested. On the Remittance Date, to the extent required pursuant to Section 3.21(c), the Servicer shall remit and report any interest or investment income earned on funds deposited in the Collection Account and the Trustee shall deposit such interest or investment income into the Supplemental Float Account. Funds on deposit in the Supplemental Float Account will be distributed in the following order of priority: (i) to the Swap Provider, the sum of (x) all Net Swap Payments and (y) any Swap Termination Payment (to the extent not previously received by the Swap Provider as a Replacement Swap Provider Payment), other than a Defaulted Swap Termination Payment, to the Swap Provider, if any, owed to the Swap Provider and to the extent unpaid from Available Funds and the Supplemental Interest Account; (ii) to the Class A Certificates, to pay Accrued Certificate Interest Distribution Amounts and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i), to the extent unpaid from Available Funds and the Supplemental Interest Account; (iiiii) sequentially, to the Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class B-1, Class B-2X-0, Class B-3, Xxxxx X-3 and Class B-4 and Class B-5 Certificates, in that order, to pay Accrued Certificate Interest Distribution Amounts and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i) and (iii), to the extent unpaid from Available Funds and the Supplemental Interest Account; (iiiiv) sequentially, to the Class A, Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class B-1, Class B-2, Class B-3, B-3 and Class B-4 and Class B-5 Certificates, in that order, to pay principal as described in Section 4.02(a)(ii)(A) or Section 4.02(a)(ii)(B), as applicable, but only to the extent necessary to restore the Subordinated Amount to the Specified Subordinated Amount as a result of current or prior Realized Losses not previously reimbursed, after giving effect to payments and distributions from Available Funds and the Supplemental Interest Account; (ivv) sequentially, to the Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class B-1, Class B-2X-0, Class B-3, Xxxxx X-3 and Class B-4 and Class B-5 Certificates, in that order, to pay any Unpaid Interest Amounts as described in Section 4.02(a)(iii), to the extent unpaid from Available Funds and the Supplemental Interest Account; (vi) to the Swap Provider, any Defaulted Swap Termination Payment owed to the Swap Provider and the extent unpaid from Available Funds and the Supplemental Interest Account; and (vvii) if funds on deposit in the Supplemental Float Account have reached an amount equal to $6,000, to the holders of the Class R-I Certificates, any remaining amounts. Upon termination of the Trust, any amounts remaining in the Supplemental Float Account shall be distributed pursuant to the priorities set forth in this Section 4.07.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm3)

Supplemental Float Account. On or prior to the Closing first Distribution Date, the Trustee Servicer shall establish and maintain in its name, a separate trust account to be held by the Servicer for the benefit of the holders of the LIBOR Certificates (the "Supplemental Float Account") as a part of the Trust Fund. The Supplemental Float Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Trustee held pursuant to this Agreement. Funds in the Supplement Float Account shall remain uninvested). On or before the Remittance Date, to the extent required pursuant to Section 3.21(c), the Servicer shall remit and report any interest or investment income earned on funds deposited in the Collection Account and the Trustee Servicer shall deposit such interest or investment income into the Supplemental Float Account. Funds on deposit in the Supplemental Float Account will be distributed delivered by the Servicer to the Trustee for distribution by the Trustee on the Distribution Date in the following order of priority: (i) to the Swap Provider, the sum of (x) all Net Swap Payments and (y) any Swap Termination Payment (to the extent not previously received by the Swap Provider as a Replacement Swap Provider Payment), other than a Defaulted Swap Termination Payment, owed to the Swap Provider and to the extent unpaid from Available Funds and the Supplemental Interest Account. Such amounts shall be treated as having been distributed from Pooling Tier REMIC-1 to the holders of the Class R-I Certificates and paid by such holders to the Swap Provider; (ii) to the Class A Certificates, to pay Accrued Certificate Interest Distribution Amounts and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i), to the extent unpaid from Available Funds and the Supplemental Interest Account; (iiiii) sequentially, to the Class M-1, Class M-2, Class M-3, Class B-1M-4, Class B-2M-5, Class B-3M-6, Class B-4 and Class B-5 X-0 xxx Xxxxx B-2 Certificates, in that order, to pay Accrued Certificate Interest Distribution Amounts and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i) and (iii), to the extent unpaid from Available Funds and the Supplemental Interest Account; (iiiiv) sequentially, to the Class A, Class M-1, Class M-2, Class M-3, Class B-1M-4, Class B-2M-5, Class B-3M-6, Class B-4 B-1 and Class B-5 B-2 Certificates, in that order, to pay principal as described in Section 4.02(a)(ii)(A) or Section 4.02(a)(ii)(B), as applicable, but only to the extent necessary to restore the Subordinated Amount to the Specified Subordinated Amount as a result of current or prior Realized Losses not previously reimbursed, after giving effect to payments and distributions from Available Funds and the Supplemental Interest Account; (ivv) sequentially, to the Class M-1, Class M-2, Class M-3, Class B-1M-4, Class B-2M-5, Class B-3M-6, Class B-4 and Class B-5 X-0 xxx Xxxxx B-2 Certificates, in that order, to pay any Unpaid Interest Amounts as described in Section 4.02(a)(iii), to the extent unpaid from Available Funds and the Supplemental Interest Account; (vi) to the Swap Provider, any Defaulted Swap Termination Payment owed to the Swap Provider to the extent unpaid from Available Funds and the Supplemental Interest Account. Such amounts shall be treated as having been distributed from Pooling Tier REMIC-1 to the holders of the Class R-I Certificates and paid by such holders to the Swap Provider; and (vvii) any remaining amounts shall be distributed as follows: (A) First, if Barclays Oversight Management Inc., as sole holder of all of the Class R-I Certificates, has delivered to the Servicer an irrevocable instruction in the form attached as Exhibit W hereto (an "Irrevocable Instruction") (and the Servicer has notified the Trustee that such an Irrevocable Instruction has been delivered), to the Servicer, for deposit to a reserve account (the "Supplemental Float Reserve Account") established and maintained by the Servicer and solely for the purpose of providing collateral security for the payment of certain amounts otherwise owed by the initial Holder of the Class R-I Certificates (or any of its affiliates) to the Supplemental Float Reserve Beneficiary, until the funds in the Supplemental Float Reserve Account have reached an amount equal to $6,000; and (B) Second, to reimburse the Servicer for any interest expense incurred by it in connection with funding P&I Advances pursuant to Section 4.01 hereof; and (C) Third, to the holders of all of the Class R-I Certificates, any remaining amounts. Upon delivery by the beneficiary (the "Supplemental Float Reserve Beneficiary") designated in an Irrevocable Instruction of a payment certificate in the form attached to Exhibit W hereto as Annex 1 thereto, the Servicer shall pay out to the Supplemental Float Reserve Beneficiary such amounts requested in the payment certificate, not to exceed the amounts remitted by the Trustee to the Servicer pursuant to clause (vii)(A) of this Section. Upon delivery by the Supplemental Float Reserve Beneficiary of a termination certificate in the form attached to Exhibit W hereto as Annex 2 thereto, (X) the rights of the Supplemental Float Reserve Beneficiary shall be terminated, (Y) all amounts remaining in the Supplemental Float Reserve Account shall be paid to the holders of all of the Class R-I Certificates and (Z) clause (vii)(A) of this Section shall have no effect unless and until the holders of all of the Class R-I Certificates deliver to the Servicer a new Irrevocable Instruction in accordance with clause (vii)(A) of this Section. For federal income tax purposes, amounts held in the Supplemental Float Reserve Account and payable to the Supplemental Float Reserve Beneficiary shall be treated as owned by the holder of the Class R-I Certificates, and such holder shall be taxed on all income and gain thereon and any amounts paid to the Supplemental Float Reserve Beneficiary pursuant to clause (vii)(A) above shall be deemed paid by the holder of the Class R-I Certificates. Upon termination of the Trust, any amounts remaining in the Supplemental Float Account shall be distributed pursuant to the priorities set forth in this Section 4.07.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2007-Br1)

Supplemental Float Account. On or prior to the Closing first Distribution Date, the Trustee Servicer shall establish and maintain in its name, a separate trust account to be held by the Servicer for the benefit of the holders of the LIBOR Certificates (the "Supplemental Float Account") as a part of the Trust Fund. The Supplemental Float Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Trustee held pursuant to this Agreement. Funds in the Supplement Float Account shall remain uninvested). On or before the Remittance Date, to the extent required pursuant to Section 3.21(c), the Servicer shall remit and report any interest or investment income earned on funds deposited in the Collection Account and the Trustee Servicer shall deposit such interest or investment income into the Supplemental Float Account. Funds on deposit in the Supplemental Float Account will be distributed delivered by the Servicer to the Trustee for distribution by the Trustee on the Distribution Date in the following order of priority: (i) to the Swap Provider, the sum of (x) all Net Swap Payments and (y) any Swap Termination Payment (to the extent not previously received by the Swap Provider as a Replacement Swap Provider Payment), other than a Defaulted Swap Termination Payment, owed to the Swap Provider and to the extent unpaid from Available Funds and the Supplemental Interest Account. Such amounts shall be treated as having been distributed from Pooling Tier REMIC-1 to the holders of the Class R-I Certificates and paid by such holders to the Swap Provider; (ii) to the Class A Certificates, to pay Accrued Certificate Interest Distribution Amounts and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i), to the extent unpaid from Available Funds and the Supplemental Interest Account; (iiiii) sequentially, to the Class M-1, Class M-2, Class M-3, Class B-1M-4, Class B-2M-5, Class B-3M-6, Class B-4 X-0, Xxxxx X-2 and Class B-5 B-3 Certificates, in that order, to pay Accrued Certificate Interest Distribution Amounts and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i) and (iii), to the extent unpaid from Available Funds and the Supplemental Interest Account; (iiiiv) sequentially, to the Class A, Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class M-6, Class B-1, Class B-2, Class B-3, Class B-4 B-2 and Class B-5 B-3 Certificates, in that order, to pay principal as described in Section 4.02(a)(ii)(A) or Section 4.02(a)(ii)(B), as applicable, but only to the extent necessary to restore the Subordinated Amount to the Specified Subordinated Amount as a result of current or prior Realized Losses not previously reimbursed, after giving effect to payments and distributions from Available Funds and the Supplemental Interest Account; (ivv) sequentially, to the Class M-1, Class M-2, Class M-3, Class B-1M-4, Class B-2M-5, Class B-3M-6, Class B-4 X-0, Xxxxx X-2 and Class B-5 B-3 Certificates, in that order, to pay any Unpaid Interest Amounts as described in Section 4.02(a)(iii), to the extent unpaid from Available Funds and the Supplemental Interest Account; (vi) to the Swap Provider, any Defaulted Swap Termination Payment owed to the Swap Provider to the extent unpaid from Available Funds and the Supplemental Interest Account. Such amounts shall be treated as having been distributed from Pooling Tier REMIC-1 to the holders of the Class R-I Certificates and paid by such holders to the Swap Provider; and (vvii) any remaining amounts shall be distributed as follows: (A) First, if Barclays Oversight Management Inc., as sole holder of all of the Class R-I Certificates, has delivered to the Servicer an irrevocable instruction in the form attached as Exhibit X hereto (an "Irrevocable Instruction") (and the Servicer has notified the Trustee that such an Irrevocable Instruction has been delivered), to the Servicer, for deposit to a reserve account (the "Supplemental Float Reserve Account") established and maintained by the Servicer and solely for the purpose of providing collateral security for the payment of certain amounts otherwise owed by the initial Holder of the Class R-I Certificates (or any of its affiliates) to the Supplemental Float Reserve Beneficiary, until the funds in the Supplemental Float Reserve Account have reached an amount equal to $6,000; and (B) Second, to reimburse the Servicer for any interest expense incurred by it in connection with funding P&I Advances pursuant to Section 4.01 hereof; and (C) Third, to the holders of all of the Class R-I Certificates, any remaining amounts. Upon delivery by the beneficiary (the "Supplemental Float Reserve Beneficiary") designated in an Irrevocable Instruction of a payment certificate in the form attached to Exhibit X hereto as Annex 1 thereto, the Servicer shall pay out to the Supplemental Float Reserve Beneficiary such amounts requested in the payment certificate, not to exceed the amounts remitted by the Trustee to the Servicer pursuant to clause (vii)(A) of this Section. Upon delivery by the Supplemental Float Reserve Beneficiary of a termination certificate in the form attached to Exhibit X hereto as Annex 2 thereto, (X) the rights of the Supplemental Float Reserve Beneficiary shall be terminated, (Y) all amounts remaining in the Supplemental Float Reserve Account shall be paid to the holders of all of the Class R-I Certificates and (Z) clause (vii)(A) of this Section shall have no effect unless and until the holders of all of the Class R-I Certificates deliver to the Servicer a new Irrevocable Instruction in accordance with clause (vii)(A) of this Section. For federal income tax purposes, amounts held in the Supplemental Float Reserve Account and payable to the Supplemental Float Reserve Beneficiary shall be treated as owned by the holder of the Class R-I Certificates, and such holder shall be taxed on all income and gain thereon and any amounts paid to the Supplemental Float Reserve Beneficiary pursuant to clause (vii)(A) above shall be deemed paid by the holder of the Class R-I Certificates. Upon termination of the Trust, any amounts remaining in the Supplemental Float Account shall be distributed pursuant to the priorities set forth in this Section 4.07.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2007-Nc2)

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Supplemental Float Account. On or prior to the Closing first Distribution Date, the Trustee Servicer shall establish and maintain in its name, a separate trust account to be held by the Servicer for the benefit of the holders of the LIBOR Certificates (the "Supplemental Float Account") as a part of the Trust Fund. The Supplemental Float Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Trustee held pursuant to this Agreement. Funds in the Supplement Float Account shall remain uninvested. On or before the Remittance Date, to the extent required pursuant to Section 3.21(c), the Servicer shall remit and report any interest or investment income earned on funds deposited in the Collection Account and the Trustee Servicer shall deposit such interest or investment income into the Supplemental Float Account. Funds on deposit in the Supplemental Float Account will be distributed delivered by the Servicer to the Trustee for distribution by the Trustee on the Distribution Date in the following order of priority: (i) to the Swap Provider, the sum of (x) all Net Swap Payments and (y) any Swap Termination Payment (to the extent not previously received by the Swap Provider as a Replacement Swap Provider Payment), other than a Defaulted Swap Termination Payment, to the Swap Provider, if any, owed to the Swap Provider and to the extent unpaid from Available Funds and the Supplemental Interest Account. Such amounts shall be treated as having been distributed from Pooling Tier REMIC-1 to the holders of the Class R-I Certificates and paid by such holders to the Swap Provider; (ii) to the Class A Certificates, to pay Accrued Certificate Interest Distribution Amounts and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i), to the extent unpaid from Available Funds and the Supplemental Interest Account; (iiiii) sequentially, to the Class M-1, Class M-2, Class M-3, Class B-1M-4, Class B-2M-5, Class B-3M-6, Class B-4 X-0, Xxxxx X-2 and Class B-5 B-3 Certificates, in that order, to pay Accrued Certificate Interest Distribution Amounts and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i) and (iii), to the extent unpaid from Available Funds and the Supplemental Interest Account; (iiiiv) sequentially, to the Class A, Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class M-6, Class B-1, Class B-2, Class B-3, Class B-4 B-2 and Class B-5 B-3 Certificates, in that order, to pay principal as described in Section 4.02(a)(ii)(A) or Section 4.02(a)(ii)(B), as applicable, but only to the extent necessary to restore the Subordinated Amount to the Specified Subordinated Amount as a result of current or prior Realized Losses not previously reimbursed, after giving effect to payments and distributions from Available Funds and the Supplemental Interest Account; (ivv) sequentially, to the Class M-1, Class M-2, Class M-3, Class B-1M-4, Class B-2M-5, Class B-3M-6, Class B-4 X-0, Xxxxx X-2 and Class B-5 B-3 Certificates, in that order, to pay any Unpaid Interest Amounts as described in Section 4.02(a)(iii), to the extent unpaid from Available Funds and the Supplemental Interest Account; (i) to the Swap Provider, any Defaulted Swap Termination Payment owed to the Swap Provider to the extent unpaid from Available Funds and the Supplemental Interest Account. Such amounts shall be treated as having been distributed from Pooling Tier REMIC-1 to the holders of the Class R-I Certificates and paid by such holders to the Swap Provider; and (vii) any remaining amounts shall be distributed as follows: (A) First, if Barclays Oversight Management Inc., as sole holder of all of the Class R-I Certificates, has delivered to the Servicer an irrevocable instruction in the form attached as Exhibit X hereto (an "Irrevocable Instruction") (and the Servicer has notified the Trustee that such an Irrevocable Instruction has been delivered), to the Servicer, for deposit to a reserve account (the "Supplemental Float Reserve Account") established and maintained by the Servicer and solely for the purpose of providing collateral security for the payment of certain amounts otherwise owed by the initial Holder of the Class R-I Certificates (or any of its affiliates) to the Supplemental Float Reserve Beneficiary, until the funds in the Supplemental Float Reserve Account have reached an amount equal to $6,000; and (B) Second, to reimburse the Servicer for any interest expense incurred by it in connection with funding P&I Advances pursuant to Section 4.01 hereof; and (C) Third, to the holders of all of the Class R-I Certificates, any remaining amounts. Upon delivery by the beneficiary (the "Supplemental Float Reserve Beneficiary") designated in an Irrevocable Instruction of a payment certificate in the form attached to Exhibit X hereto as Annex 1 thereto, the Servicer shall pay out to the Supplemental Float Reserve Beneficiary such amounts requested in the payment certificate, not to exceed the amounts remitted by the Trustee to the Servicer pursuant to clause (vii)(A) of this Section. Upon delivery by the Supplemental Float Reserve Beneficiary of a termination certificate in the form attached to Exhibit X hereto as Annex 2 thereto, (X) the rights of the Supplemental Float Reserve Beneficiary shall be terminated, (Y) all amounts remaining in the Supplemental Float Reserve Account shall be paid to the holders of all of the Class R-I Certificates and (Z) clause (vii)(A) of this Section shall have no effect unless and until the holders of all of the Class R-I Certificates deliver to the Servicer a new Irrevocable Instruction in accordance with clause (vii)(A) of this Section. For federal income tax purposes, amounts held in the Supplemental Float Reserve Account and payable to the Supplemental Float Reserve Beneficiary shall be treated as owned by the holder of the Class R-I Certificates, and such holder shall be taxed on all income and gain thereon and any amounts paid to the Supplemental Float Reserve Beneficiary pursuant to clause (vii)(A) above shall be deemed paid by the holder of the Class R-I Certificates. Upon termination of the Trust, any amounts remaining in the Supplemental Float Account shall be distributed pursuant to the priorities set forth in this Section 4.07.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2007-Nc1)

Supplemental Float Account. On the Closing Date, the Trustee shall establish and maintain in its name, a separate trust account for the benefit of the holders of the LIBOR Certificates (the "Supplemental Float Account") as a part of the Trust Fund. The Supplemental Float Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Trustee held pursuant to this Agreement. Funds in the Supplement Float Account shall remain uninvested. On the Remittance Date, to the extent required pursuant to Section 3.21(c), the Servicer shall remit and report any interest or investment income earned on funds deposited in the Collection Account and the Trustee shall deposit such interest or investment income into the Supplemental Float Account. Funds on deposit in the Supplemental Float Account will be distributed in the following order of priority: (i) to the Swap Provider, the sum of (x) all Net Swap Payments and (y) any Swap Termination Payment (to the extent not previously received by the Swap Provider as a Replacement Swap Provider Payment), other than a Defaulted Swap Termination Payment, to the Swap Provider, if any, owed to the Swap Provider and to the extent unpaid from Available Funds and the Supplemental Interest Account; (ii) to the Class A Certificates, to pay Accrued Certificate Interest Distribution Amounts and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i), to the extent unpaid from Available Funds and the Supplemental Interest Account; (iiiii) sequentially, to the Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class B-1, Class B-2, Class B-3, Class B-4 and Class B-5 X-0 xxx Xxxxx B-3 Certificates, in that order, to pay Accrued Certificate Interest Distribution Amounts and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i) and (iii), to the extent unpaid from Available Funds and the Supplemental Interest Account; (iiiiv) sequentially, to the Class A, Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class B-1, Class B-2, Class B-3, Class B-4 B-2 and Class B-5 B-3 Certificates, in that order, to pay principal as described in Section 4.02(a)(ii)(A) or Section 4.02(a)(ii)(B), as applicable, but only to the extent necessary to restore the Subordinated Amount to the Specified Subordinated Amount as a result of current or prior Realized Losses not previously reimbursed, after giving effect to payments and distributions from Available Funds and the Supplemental Interest Account; (ivv) sequentially, to the Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class B-1, Class B-2, Class B-3, Class B-4 and Class B-5 X-0 xxx Xxxxx B-3 Certificates, in that order, to pay any Unpaid Interest Amounts as described in Section 4.02(a)(iii), to the extent unpaid from Available Funds and the Supplemental Interest Account; (vi) to the Swap Provider, any Defaulted Swap Termination Payment owed to the Swap Provider and the extent unpaid from Available Funds and the Supplemental Interest Account; and (vvii) if funds on deposit in the Supplemental Float Account have reached an amount equal to $6,000, to the holders of the Class R-I Certificates, any remaining amounts. Upon termination of the Trust, any amounts remaining in the Supplemental Float Account shall be distributed pursuant to the priorities set forth in this Section 4.07.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm4)

Supplemental Float Account. On or prior to the Closing first Distribution Date, the Trustee Servicer shall establish and maintain in its name, a separate trust account to be held by the Servicer for the benefit of the holders of the LIBOR Certificates (the "Supplemental Float Account") as a part of the Trust Fund. The Supplemental Float Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Trustee held pursuant to this Agreement. Funds in the Supplement Float Account shall remain uninvested). On or before the Remittance Date, to the extent required pursuant to Section 3.21(c), the Servicer shall remit and report any interest or investment income earned on funds deposited in the Collection Account and the Trustee Servicer shall deposit such interest or investment income into the Supplemental Float Account. Funds on deposit in the Supplemental Float Account will be distributed delivered by the Servicer to the Trustee for distribution by the Trustee on the Distribution Date in the following order of priority: (i) to the Swap Provider, the sum of (x) all Net Swap Payments and (y) any Swap Termination Payment (to the extent not previously received by the Swap Provider as a Replacement Swap Provider Payment), other than a Defaulted Swap Termination Payment, to the Swap Provider, if any, owed to the Swap Provider and to the extent unpaid from Available Funds and the Supplemental Interest Account. Such amounts shall be treated as having been distributed from Pooling Tier REMIC-1 to the holders of the Class R-I Certificates and paid by such holders to the Swap Provider; (ii) to the Class A Certificates, to pay Accrued Certificate Interest Distribution Amounts and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i), to the extent unpaid from Available Funds and the Supplemental Interest Account; (iiiii) sequentially, to the Class M-1, Class M-2, Class M-3, Class B-1M-4, Class B-2M-5, Class B-3M-6, Class B-4 X-0, Xxxxx X-2 and Class B-5 B-3 Certificates, in that order, to pay Accrued Certificate Interest Distribution Amounts and, if applicable, any Unpaid Interest Amounts as described in Section 4.02(a)(i) and (iii), to the extent unpaid from Available Funds and the Supplemental Interest Account; (iiiiv) sequentially, to the Class A, Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class M-6, Class B-1, Class B-2, Class B-3, Class B-4 B-2 and Class B-5 B-3 Certificates, in that order, to pay principal as described in Section 4.02(a)(ii)(A) or Section 4.02(a)(ii)(B), as applicable, but only to the extent necessary to restore the Subordinated Amount to the Specified Subordinated Amount as a result of current or prior Realized Losses not previously reimbursed, after giving effect to payments and distributions from Available Funds and the Supplemental Interest Account; (ivv) sequentially, to the Class M-1, Class M-2, Class M-3, Class B-1M-4, Class B-2M-5, Class B-3M-6, Class B-4 X-0, Xxxxx X-2 and Class B-5 B-3 Certificates, in that order, to pay any Unpaid Interest Amounts as described in Section 4.02(a)(iii), to the extent unpaid from Available Funds and the Supplemental Interest Account; (vi) to the Swap Provider, any Defaulted Swap Termination Payment owed to the Swap Provider to the extent unpaid from Available Funds and the Supplemental Interest Account. Such amounts shall be treated as having been distributed from Pooling Tier REMIC-1 to the holders of the Class R-I Certificates and paid by such holders to the Swap Provider; and (vvii) any remaining amounts shall be distributed as follows: (A) First, if Barclays Oversight Management Inc., as sole holder of all of the Class R-I Certificates, has delivered to the Servicer an irrevocable instruction in the form attached as Exhibit X hereto (an "Irrevocable Instruction") (and the Servicer has notified the Trustee that such an Irrevocable Instruction has been delivered), to the Servicer, for deposit to a reserve account (the "Supplemental Float Reserve Account") established and maintained by the Servicer and solely for the purpose of providing collateral security for the payment of certain amounts otherwise owed by the initial Holder of the Class R-I Certificates (or any of its affiliates) to the Supplemental Float Reserve Beneficiary, until the funds in the Supplemental Float Reserve Account have reached an amount equal to $6,000; and (B) Second, to reimburse the Servicer for any interest expense incurred by it in connection with funding P&I Advances pursuant to Section 4.01 hereof; and (C) Third, to the holders of all of the Class R-I Certificates, any remaining amounts. Upon delivery by the beneficiary (the "Supplemental Float Reserve Beneficiary") designated in an Irrevocable Instruction of a payment certificate in the form attached to Exhibit X hereto as Annex 1 thereto, the Servicer shall pay out to the Supplemental Float Reserve Beneficiary such amounts requested in the payment certificate, not to exceed the amounts remitted by the Trustee to the Servicer pursuant to clause (vii)(A) of this Section. Upon delivery by the Supplemental Float Reserve Beneficiary of a termination certificate in the form attached to Exhibit X hereto as Annex 2 thereto, (X) the rights of the Supplemental Float Reserve Beneficiary shall be terminated, (Y) all amounts remaining in the Supplemental Float Reserve Account shall be paid to the holders of all of the Class R-I Certificates and (Z) clause (vii)(A) of this Section shall have no effect unless and until the holders of all of the Class R-I Certificates deliver to the Servicer a new Irrevocable Instruction in accordance with clause (vii)(A) of this Section. For federal income tax purposes, amounts held in the Supplemental Float Reserve Account and payable to the Supplemental Float Reserve Beneficiary shall be treated as owned by the holder of the Class R-I Certificates, and such holder shall be taxed on all income and gain thereon and any amounts paid to the Supplemental Float Reserve Beneficiary pursuant to clause (vii)(A) above shall be deemed paid by the holder of the Class R-I Certificates. Upon termination of the Trust, any amounts remaining in the Supplemental Float Account shall be distributed pursuant to the priorities set forth in this Section 4.07.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2007-He1)

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