Supplemental Interest Payment Account. (a) The parties hereto do hereby create and establish a trust, the "ABFS Mortgage Loan Supplemental Interest Trust 2001-2" (the "Supplemental Interest Trust"). The Supplemental Interest Trust shall hold a trust account at the corporate trust office of the Trustee; the "Supplemental Interest Payment Account" to be held by the Trustee in its name on behalf of the Supplemental Interest Trust. None of the assets of the Supplemental Interest Trust shall be considered assets of the REMIC Trust, and any amounts transferred from the REMIC Trust to the Supplemental Interest Trust shall be treated as distributions with respect to the Class X Certificates. (b) On each Distribution Date, the Trustee shall withdraw from the Supplemental Interest Payment Account and pay to the owners of each Supplemental Interest Right (which owners shall, in the absence of contrary instructions received by the Trustee from the Holders of the Class A-2 Certificates, be the Holders of the Class A-2 Certificates), pro rata based on the Class A-2 Available Funds Cap Carry-Forward Amount due to the Class A-2 Certificateholders for such Distribution Date. (c) Any portion of the Supplemental Interest Payment Amount Available remaining after application of clause (b) above shall be distributed to the owners of the Class X Certificates pro rata in accordance with their Percentage Interests. (d) The Trustee, on behalf of the Supplemental Interest Trust, shall comply with all requirements of the Code and applicable state and local law with respect to the withholding from any distributions made by it to any Person entitled thereto of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith. (e) Notwithstanding any other provision of this Section 6.12, the right to receive the Class A-2 Available Funds Cap Carry-Forward Amount (such right, the "Supplemental Interest Right") shall be separately transferable from the Class A-2 Certificates, subject to the restrictions on transfer set forth in Article IV hereof.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Business Financial Services Inc /De/), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)
Supplemental Interest Payment Account. (a) The parties hereto do hereby create and establish a trust, the "ABFS Mortgage Loan Supplemental Interest Trust 20012002-24" (the "Supplemental Interest Trust"). The Supplemental Interest Trust shall hold a trust account at the corporate trust office of the Trustee; the "Supplemental Interest Payment Account" to be held by the Trustee in its name on behalf of the Supplemental Interest Trust. None of the assets of the Supplemental Interest Trust shall be considered assets of the REMIC Trust, and any amounts transferred from the REMIC Trust to the Supplemental Interest Trust shall be treated as distributions with respect to the Class X Certificates.
(b) On each Distribution Date, the Trustee shall shall, based on the distribution information provided by the Servicer, withdraw the Supplemental Interest Payment Amount Available from the Supplemental Interest Payment Account and pay to the applicable owners of each Supplemental Interest Right (which owners shall, in the absence of contrary instructions received by the Trustee from the applicable Holders of the Class A-2 Capped Certificates, be the Holders of the Class A-2 related Capped Certificates), pro rata based on the Class A-2 Available Funds Cap Carry-Forward Amount due following amounts in the following priority:
(i) to the Class A-2 Certificateholders A Certificates, the Net WAC Cap Carryover Amount for such Distribution DateClass; and
(ii) sequentially to the Class M-1, Class M-2 and Class B Certificates, in that order, the Net WAC Cap Carryover Amount for each such Class.
(c) Any portion of the Supplemental Interest Payment Amount Available remaining after application of clause (b) above shall be distributed to the owners of the Class X Certificates pro rata in accordance with their Percentage Interests.
(d) The Trustee, on behalf of the Supplemental Interest Trust, shall comply with all requirements of the Code and applicable state and local law with respect to the withholding from any distributions made by it to any Person entitled thereto of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith.
(e) Notwithstanding any other provision of this Section 6.126.10, the right to receive the Class A-2 Available Funds Cap Carry-Forward Amount (such right, the "Supplemental Interest Right") Rights shall be separately transferable from the Class A-2 related Capped Certificates, subject to the restrictions on transfer set forth in Article IV hereof.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Business Financial Services Inc /De/), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)