Swap Account. (a) On the Closing Date, the Indenture Trustee shall establish and maintain a separate, segregated trust account titled, “Swap Account, JPMorgan Chase Bank, N.A., as Indenture Trustee, in trust for the registered Noteholders of Newcastle Mortgage Securities Trust 2006-1, Asset-Backed Notes, Series 2006-1.” Such 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 Indenture Trustee held pursuant to this Agreement. Amounts therein shall be held uninvested. (b) On each Payment Date, prior to any payment to any Note, the Indenture Trustee shall deposit into the Swap Account the amount of any Net Swap Payment or Swap Termination Payment (other than any Swap Termination Payment resulting from a Swap Provider Trigger Event) owed to the Swap Provider (after taking into account any upfront payment received from the counterparty to a replacement interest rate swap agreement) from funds collected and received with respect to the Mortgage Loans prior to the determination of Available Funds. (c) The Indenture Trustee shall use any payment received from the Owner Trustee pursuant to Section 2.03 of the Trust Agreement to make any upfront payment required under a replacement swap agreement and any upfront payment received from the counterparty to a replacement swap agreement shall be used to pay any Swap Termination Payment owed to the Swap Provider.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Centex Land Vista Ridge Lewisville III General Partner, LLC), Sale and Servicing Agreement (Centex Land Vista Ridge Lewisville III General Partner, LLC), Sale and Servicing Agreement (Centex Land Vista Ridge Lewisville III General Partner, LLC)
Swap Account. (a) On the Closing Date, the Indenture Trustee Securities Administrator shall establish and maintain a separate, segregated trust account titled, “Swap Account, JPMorgan Chase Bank, N.A.The Bank of New York, as Indenture Trustee, in trust for the registered Noteholders of Newcastle Mortgage Securities Trust 20062007-1, Asset-Backed Notes, Series 20062007-1.” Such 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 Indenture Trustee Securities Administrator held pursuant to this Agreement. Amounts therein shall be held uninvested.
(b) On each the Business Day prior to Payment Date, prior to any payment to any Note, the Indenture Trustee Securities Administrator shall deposit into the Swap Account the amount of any Net Swap Payment or Swap Termination Payment (other than any Swap Termination Payment resulting from a Swap Provider Trigger Event) owed to the Swap Provider (after taking into account any upfront payment received from the counterparty to a replacement interest rate swap agreement) from funds collected and received with respect to the Mortgage Loans prior to the determination of Available FundsFunds and all amounts received by it from the Swap Provider.
(c) The Indenture Trustee Securities Administrator shall use any payment received from the Owner Trustee pursuant to Section 2.03 of the Trust Agreement to make any upfront payment required under a replacement swap agreement and any upfront payment received from the counterparty to a replacement swap agreement shall be used to pay any Swap Termination Payment owed to the Swap Provider.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Centex Land Vista Ridge Lewisville III General Partner, LLC), Sale and Servicing Agreement (Centex Land Vista Ridge Lewisville III General Partner, LLC), Sale and Servicing Agreement (Centex Land Vista Ridge Lewisville III General Partner, LLC)
Swap Account. (a) On the Closing Date, the Indenture Trustee Securities Administrator shall establish and maintain a separate, segregated trust account titled, “"Swap Account, JPMorgan Chase Bank, N.A.The Bank of New York, as Indenture Trustee, in trust for the registered Noteholders of Newcastle Mortgage Securities Trust 20062007-1, Asset-Backed Notes, Series 20062007-1.” " Such 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 Indenture Trustee Securities Administrator held pursuant to this Agreement. Amounts therein shall be held uninvested.
(b) On each the Business Day prior to Payment Date, prior to any payment to any Note, the Indenture Trustee Securities Administrator shall deposit into the Swap Account the amount of any Net Swap Payment or Swap Termination Payment (other than any Swap Termination Payment resulting from a Swap Provider Trigger Event) owed to the Swap Provider (after taking into account any upfront payment received from the counterparty to a replacement interest rate swap agreement) from funds collected and received with respect to the Mortgage Loans prior to the determination of Available FundsFunds and all amounts received by it from the Swap Provider.
(c) The Indenture Trustee Securities Administrator shall use any payment received from the Owner Trustee pursuant to Section 2.03 of the Trust Agreement to make any upfront payment required under a replacement swap agreement and any upfront payment received from the counterparty to a replacement swap agreement shall be used to pay any Swap Termination Payment owed to the Swap Provider.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Newcastle Mortgage Securities Trust 2007-1)
Swap Account. (a) On No later than the Closing Date, the Indenture Trustee shall establish and maintain a separate, segregated trust account titled, “Swap Account, JPMorgan Chase Bank, N.A.The Bank of New York, as Indenture Trustee, in trust for the Swap Counterparty and the registered Noteholders holders of Newcastle CWABS, Inc., GSC Capital Corp. Mortgage Securities Trust 2006-1, AssetMortgage-Backed Notes, Series 2006-1.” Such 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 Indenture Trustee held pursuant to this Agreement or the Sale and Servicing Agreement. Amounts therein shall be held uninvested.
(b) . Funds on deposit in the Swap Account shall be distributed in the amounts and in the order of priority described under Section 4.02(d). On each Payment Date, prior to any payment to any Note, the Indenture Trustee shall make a deposit into to the Swap Account pursuant to Section 4.02(a)(i), and to the extent that the amount of such deposit is insufficient to pay any Net Swap Payment or and/or Swap Termination Payment (other than any a Swap Termination Payment resulting from due to a Swap Provider Counterparty Trigger Event) owed due to the Swap Provider (after taking into account any upfront payment received from the counterparty to a replacement interest rate swap agreement) from funds collected and received Counterparty with respect to such Payment Date, the Mortgage Loans prior to the determination of Available Funds.
(c) The Indenture Trustee shall use any payment received from withdraw, out of amounts on deposit in the Owner Trustee pursuant to Section 2.03 Payment Account in respect of the Trust Agreement Principal Remittance Amount, such additional amount as is necessary to make cover the remaining portion of any upfront payment required under a replacement swap agreement and any upfront payment received from the counterparty to a replacement swap agreement shall be used to pay any such Net Swap Payment and/or Swap Termination Payment owed (other than a Swap Termination Payment due to a Swap Counterparty Trigger Event) due to the Swap ProviderCounterparty with respect to such Payment Date. The Swap Account shall terminate on the earlier of (i) the Swap Contract Termination Date, (ii) the reduction of the aggregate Note Principal Balance of the Adjustable Rate Notes to zero and (iii) the termination of this Agreement.
Appears in 1 contract
Samples: Indenture (GSC Capital Corp. Mortgage Trust 2006-1)