Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (a) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Termination Receipts Account”) and (b) any amounts received from a replacement swap counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Replacement Receipts Account”). The Securities Administrator shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator as permitted pursuant to clause (ii) of the definition of Permitted Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account.
Appears in 12 contracts
Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff11), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff11), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff5)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(h)(ix) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, at the written direction of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class 1-X Certificates.
Appears in 3 contracts
Samples: Trust Agreement (Lehman XS Trust 2006-1), Trust Agreement (Structured Asset Securities Corp), Trust Agreement (Lehman XS Trust, Series 2005-8)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(f)(vii) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
Appears in 3 contracts
Samples: Trust Agreement (Structured Asset Investment Loan Trust 2005-4), Trust Agreement (SASCO Mortgage Pass Through Certificates, Series 2005-Nc2), Trust Agreement (First Franklin Mortgage Loan Trust 2005-Ff3)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(e)(vii) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor will arrange for a replacement Swap Agreement or Agreements and the Trustee will promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreements which shall be executed and delivered by the Trustee upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
Appears in 3 contracts
Samples: Trust Agreement (Structured Asset Securities Corp. 2005-Rms1), Trust Agreement (SASCO Mortgage Loan Trust Series 2005-Gel2), Trust Agreement (SASCO Mortgage Loan Trust Series 2005-Gel3)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(h)(ix) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, at the written direction of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
Appears in 3 contracts
Samples: Trust Agreement (Lehman XS Trust 2006-3), Trust Agreement (LXS 2006-7), Trust Agreement (Lehman XS Trust 2006-5)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii5.02(g)(ix), Section 5.02(j) or Section 5.02(k), as applicable (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall upon written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Interest Rate Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Interest Rate Cap Account and paid pursuant to Section 5.02(h)(vii) (“Cap Termination Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Replacement Receipts Account”). The Trustee shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments must be payable on demand or mature on a Interest Rate Cap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments shall be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account and all losses, if any, shall be borne by such account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall prepare the replacement Interest Rate Cap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use the funds on deposit in the Cap Termination Receipts Account, if needed, to enter into replacement Interest Rate Cap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Interest Rate Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency.
Appears in 3 contracts
Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2006-Ff14), Trust Agreement (BNC Mortgage Loan Trust 2006-2), Trust Agreement (First Franklin Mortgage Loan Trust 2006-Ff12)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(g)(viii) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Swap Payment Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
Appears in 3 contracts
Samples: Trust Agreement (Structured Asset Securities Corp), Trust Agreement (Structured Asset Investment Loan Trust 2005-7), Trust Agreement (First Franklin Mortgage Loan Trust 2005-Ff9)
Termination Receipts. (a) (ia)(i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (a) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii4.02(e)(ix) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Termination Receipts Account”) and (b) any amounts received from a replacement swap counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Replacement Receipts Account”). The Securities Administrator shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator as permitted pursuant to clause (ii) of the definition of Permitted Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Permitted Investments will be made in the name of the Trustee Securities Administrator, as trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Hsi Asset Securitization Corp Trust 2007-Opt1), Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2006-He2)
Termination Receipts. (a) (ia)(i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (a) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Termination Receipts Account”) and (b) any amounts received from a replacement swap counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Replacement Receipts Account”). The Securities Administrator shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator as permitted pursuant to clause (ii) of the definition of Permitted Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2006-Wmc1), Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2006-Nc1)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii5.02(g)(ix), Section 5.02(j) or Section 5.02(k), as applicable (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Replacement Receipts Account”). The Securities Administrator shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Securities Administrator shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Securities Administrator on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Interest Rate Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Interest Rate Cap Account and paid pursuant to Section 5.02(h)(vii) (“Cap Termination Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Cap Replacement Receipts Account”). The Securities Administrator shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account in time deposits of the Securities Administrator as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments must be payable on demand or mature on a Interest Rate Cap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments shall be made in the name of the Supplemental Interest Trust or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account and all losses, if any, shall be borne by such account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Interest Rate Cap Agreement(s) and the Securities Administrator shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Cap Termination Receipts Account, if necessary, to enter into replacement Interest Rate Cap Agreement(s) which shall be executed and delivered by the Securities Administrator on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Interest Rate Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency.
Appears in 2 contracts
Samples: Trust Agreement (Sasco 2006-Bc3), Trust Agreement (Sasco 2006-Bc2)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii5.02(g)(ix), Section 5.02(j) or Section 5.02(k), as applicable (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Interest Rate Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Interest Rate Cap Account and paid pursuant to Section 5.02(h)(vii) (“Cap Termination Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Replacement Receipts Account”). The Trustee shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments must be payable on demand or mature on a Interest Rate Cap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments shall be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account and all losses, if any, shall be borne by such account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Interest Rate Cap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Cap Termination Receipts Account, if necessary, to enter into replacement Interest Rate Cap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Interest Rate Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency.
Appears in 2 contracts
Samples: Trust Agreement (Structured Asset Investment Loan Trust 2006-Bnc1), Trust Agreement (Sasco 2006-Am1)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(h)(ix) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments will be made in the name of the Trustee Trustee, as trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, at the written direction of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
Appears in 2 contracts
Samples: Trust Agreement (Lehman XS Trust, Series 2006-8), Trust Agreement (Lehman XS Trust 2006-9)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(e)(viii) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Swap Payment Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates. Neither the Termination Receipts Account nor the Replacement Receipts Account shall be the asset of any REMIC.
Appears in 2 contracts
Samples: Trust Agreement (Lehman XS Trust Series 2006-4n), Trust Agreement (Lehman XS Trust Series 2006-12n)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(e)(vii) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
Appears in 2 contracts
Samples: Trust Agreement (SASCO Mortgage Loan Trust 2005-Wf3), Trust Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2005-Wf2)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(g)(x) or Section 5.02(l), as applicable (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall upon written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Swap Agreement) that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such replacement swap agreement, be paid to the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Interest Rate Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Interest Rate Cap Account and paid pursuant to Section 5.02(h)(vii) or Section 5.02(m) (“Cap Termination Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Replacement Receipts Account”). The Trustee shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments must be payable on demand or mature on a Interest Rate Cap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments shall be made in the name of the Supplemental Interest Trust or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account and all losses, if any, shall be borne by such account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Interest Rate Cap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Cap Termination Receipts Account, if necessary, to enter into replacement Interest Rate Cap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Interest Rate Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency.
Appears in 2 contracts
Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Bc3), Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Bc2)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(f)(vii) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Trustee will promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreements which shall be executed and delivered by the Trustee upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
Appears in 2 contracts
Samples: Trust Agreement (Structured Asset Investment Loan Trust 2005-2), Trust Agreement (Structured Asset Investment Loan Trust Series 2004-11)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Replacement Receipts Account”). The Securities Administrator shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator as permitted pursuant to clause (ii) of the definition of Permitted Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Securities Administrator shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Securities Administrator on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2005-I1), Pooling and Servicing Agreement (HASCO Trust 2005-Opt1)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(h)(ix) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments will be made in the name of the Trustee Trustee, as trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, at the written direction of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class S-X Certificates.
Appears in 2 contracts
Samples: Trust Agreement (Lehman XS Trust 2006-17), Trust Agreement (Lehman XS Trust 2006-11)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(h)(xii) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
Appears in 2 contracts
Samples: Trust Agreement (Structured Asset Investment Loan Trust 2005-5), Trust Agreement (Structured Asset Investment Loan Trust 2005-5)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii5.02(g)(ix), Section 5.02(k) or Section 5.02(l), as applicable (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Replacement Receipts Account”). The Securities Administrator shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) or procure a replacement guarantor, if applicable, and the Securities Administrator shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Securities Administrator on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Swap Agreement) that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Interest Rate Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Interest Rate Cap Account and paid pursuant to Section 5.02(h)(vii) (“Cap Termination Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Cap Replacement Receipts Account”). The Securities Administrator shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account in time deposits of the Securities Administrator as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments must be payable on demand or mature on a Interest Rate Cap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments shall be made in the name of the Supplemental Interest Trust or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account and all losses, if any, shall be borne by such account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Interest Rate Cap Agreement(s) and the Securities Administrator shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Cap Termination Receipts Account, if necessary, to enter into replacement Interest Rate Cap Agreement(s) which shall be executed and delivered by the Securities Administrator on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Interest Rate Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency.
Appears in 2 contracts
Samples: Trust Agreement (Sasco 2006-Bc4), Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2006-Bc5)
Termination Receipts. (a) (i) In the event of an a “Early Termination Event” as defined under the Swap Agreement, (a) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii4.02(e)(ix) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Termination Receipts Account”) and (b) any amounts received from a replacement swap counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Replacement Receipts Account”). The Securities Administrator shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator as permitted pursuant to clause (ii) of the definition of Permitted Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Permitted Investments will be made in the name of the Trustee of the Supplemental Interest Trust Trustee (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2007-Nc1), Pooling and Servicing Agreement (HASCO Trust 2007-He2)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii5.02(g)(ix), Section 5.02(j) or Section 5.02(k), as applicable (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall upon written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Swap Agreement) that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such replacement swap agreement, be paid to the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Interest Rate Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Interest Rate Cap Account and paid pursuant to Section 5.02(h)(vii) or Section 5.02(l) (“Cap Termination Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Replacement Receipts Account”). The Trustee shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account and the Cap Replacement Receipt Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments must be payable on demand or mature on a Interest Rate Cap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments shall be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account or the Cap Replacement Receipt Account and all losses, if any, shall be borne by such account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall prepare the replacement Interest Rate Cap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use the funds on deposit in the Cap Termination Receipts Account, if needed, to enter into replacement Interest Rate Cap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Interest Rate Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency.
Appears in 2 contracts
Samples: Trust Agreement (BNC Mortgage Loan Trust 2007-2), Trust Agreement (BNC Mortgage Loan Trust 2007-1)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii) 4.02(e)[ ] (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Replacement Receipts Account”). The Securities Administrator shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator as permitted pursuant to clause (ii) of the definition of Permitted Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement swap agreement(s) and the Securities Administrator shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement swap agreement(s) which shall be executed and delivered by the Securities Administrator on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class [X] Certificates.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Structured Asset Securities Corp), Pooling and Servicing Agreement (Hsi Asset Securitization Corp)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Group 1 Swap Agreement, (ai) any Swap Termination Payment made by the Group 1 Swap Counterparty to the Group 1 Swap Account and paid pursuant to Section 4.02(e)(viii5.02(i)(xi) (“Group 1 Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Group 1 Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Group 1 Swap Counterparty (“Group 1 Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Group 1 Swap Replacement Receipts Account”). The Securities Administrator Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Group 1 Swap Termination Receipts Account and the Group 1 Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments will be made in the name of the Trustee Trustee, as trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Group 1 Swap Termination Receipts Account or the Group 1 Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for a replacement Group 1 Swap Agreement or procure a replacement guarantor, if applicable, and the Trustee shall promptly, at the written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Group 1 Swap Termination Receipts Account, if necessary, to enter into a replacement Group 1 Swap Agreement or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Group 1 Swap Agreement) that such replacement Group 1 Swap Agreement will not result in the reduction or withdrawal of the rating of any outstanding Class of Group 1 Senior Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Group 1 Swap Replacement Receipts Account shall be held for the benefit of the related Group 1 Swap Counterparty and paid to such Group 1 Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Group 1 Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Group 1 Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Group 1 Swap Agreement, be paid to the Class I-X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Group 1 Cap Agreement, (i) any Group 1 Cap Termination Payment made by the Group 1 Cap Counterparty to the Group 1 Cap Account and paid pursuant to Section 5.02(h)(viii) (“Group 1 Cap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Group 1 Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Group 1 Cap Replacement Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Group 1 Cap Replacement Receipts Account”). Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Group 1 Cap Termination Receipts Account and the Group 1 Cap Replacement Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Group 1 Senior Certificateholders. All such investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Group 1 Senior Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments shall be made in the name of the Trustee, as trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Group 1 Cap Termination Receipts Account or the Group 1 Cap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Group 1 Cap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall promptly, at the written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Group 1 Cap Termination Receipts Account, if necessary, to enter into replacement Cap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Group 1 Cap Agreement) that such replacement Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Group 1 Senior Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Group 1 Cap Replacement Receipts Account shall be held for the benefit of the Group 1 Cap Counterparty and paid to the Group 1 Cap Counterparty if the Supplemental Interest Trust is required to make a payment to the Group 1 Cap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the Group 1 Cap Agreement. Any amounts not so applied shall, following the termination or expiration of the Group 1 Cap Agreement, be paid to the Class I-X Certificates.
(c) In the event of an “Early Termination Event” as defined under the Balance Guaranteed Cap Agreement, (i) any Balance Guaranteed Cap Termination Payment made by the Balance Guaranteed Cap Counterparty will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Balance Guaranteed Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Balance Guaranteed Cap Replacement Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Balance Guaranteed Cap Replacement Receipts Account”). Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Balance Guaranteed Cap Termination Receipts Account and the Balance Guaranteed Cap Replacement Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Class II-A1 Certificateholders. All such investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Class II-A1 Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments shall be made in the name of the Trustee, as trustee of the Trust Fund (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Balance Guaranteed Cap Termination Receipts Account or the Balance Guaranteed Cap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Cap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall promptly, at the written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Balance Guaranteed Cap Termination Receipts Account, if necessary, to enter into replacement Cap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Trust Fund upon receipt of written confirmation from each applicable Rating Agency (if required pursuant to the terms of the Balance Guaranteed Cap Agreement) that such replacement Cap Agreement(s) will not result in the reduction or withdrawal of the rating of the Class II-A1 Certificates. Amounts on deposit in the Balance Guaranteed Cap Replacement Receipts Account shall be held for the benefit of the Balance Guaranteed Cap Counterparty and paid to the Balance Guaranteed Cap Counterparty if the Trust Fund is required to make a payment to the Balance Guaranteed Cap Counterparty following an event of default or termination event with respect to the Trust Fund under the Balance Guaranteed Cap Agreement. Any amounts not so applied shall, following the termination or expiration of such Cap Agreement, be paid to the II-CX Component of the Class II-X Certificates.
(d) In the event of an “Early Termination Event” as defined under the Group 2 Cap Agreement, (i) any Group 2 Cap Termination Payment made by the Group 2 Cap Counterparty will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Group 2 Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Group 2 Cap Replacement Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Group 2 Cap Replacement Receipts Account”). Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Group 2 Cap Termination Receipts Account and the Group 2 Cap Replacement Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Class II-A3 and Class II-A4 Certificateholders. All such investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Class II-A3 and Class II-A4 Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments shall be made in the name of the Trustee, as trustee of the Trust Fund (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Group 2 Cap Termination Receipts Account or the Group 2 Cap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Cap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall promptly, at the written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Group 2 Cap Termination Receipts Account, if necessary, to enter into replacement Cap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Trust Fund upon receipt of written confirmation from each applicable Rating Agency (if required pursuant to the terms of the Group 2 Cap Agreement) that such replacement Cap Agreement(s) will not result in the reduction or withdrawal of the rating of the Class II-A3 and Class II-A4 Certificates. Amounts on deposit in the Group 2 Cap Replacement Receipts Account shall be held for the benefit of the Group 2 Cap Counterparty and paid to the Group 2 Cap Counterparty if the Trust Fund is required to make a payment to the Group 2 Cap Counterparty following an event of default or termination event with respect to the Trust Fund under the Group 2 Cap Agreement. Any amounts not so applied shall, following the termination or expiration of such Cap Agreement, be paid to the II-CX Component of the Class II-X Certificates.
Appears in 2 contracts
Samples: Trust Agreement (Lehman XS Trust 2007-10h), Trust Agreement (Lehman XS Trust 2007-10h)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii5.02(g)(x) or Section 5.02(k), as applicable (“Swap Termination Receipts”) will shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments must investments shall be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will shall be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for a replacement Swap Agreement(s) and the Trustee shall promptly, upon receipt of written direction from the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into a replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Interest Rate Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Interest Rate Cap Account and paid pursuant to Section 5.02(h)(vii) or Section 5.02(l), as applicable, (“Cap Termination Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Replacement Receipts Account”). The Trustee shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account and the Cap Replacement Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments shall be payable on demand or mature on an Interest Rate Cap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments shall be made in the name of Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account or the Cap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for a replacement Interest Rate Cap Agreement(s) and the Trustee shall promptly, upon receipt of written direction of the Depositor, use amounts on deposit in the Cap Termination Receipts Account, if necessary, to enter into a replacement Interest Rate Cap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Interest Rate Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency.
Appears in 2 contracts
Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf1), Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf1)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(e)(vii) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Trustee will promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreements which shall be executed and delivered by the Trustee upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
Appears in 1 contract
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(i)(x) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Investment Loan Trust 2005-6)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the early termination of a Swap Agreement, (ai) any Swap Termination Payment termination payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii) Separate Interest Trust (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Separate Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Trustee will promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreements which shall be executed and delivered by the Trustee upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Separate Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Separate Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class A-X Certificates.
Appears in 1 contract
Samples: Trust Agreement (Thornburg Mortgage Securities Trust 2004-3)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(g)(viii) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Trustee will promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreements which shall be executed and delivered by the Trustee upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Investment Loan Trust 2005-1)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap early termination of a Yield Maintenance Agreement, (ai) any Swap Termination Payment termination payment made by the Swap Yield Maintenance Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii) Issuer (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Indenture Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Indenture Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Indenture Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Indenture Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Investments or as otherwise directed in writing by a majority of the CertificateholdersCertificateholder. All such Permitted Investments investments must be payable on demand or mature on a Distribution Payment Date or such other date as directed by the CertificateholdersCertificateholder. All such Eligible Permitted Investments will be made in the name of the Indenture Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable. Unless otherwise permitted by the Rating Agencies, the Indenture Trustee will promptly, with the assistance and all lossescooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if anynecessary, to enter into replacement Yield Maintenance Agreements with, to the extent reasonably available, terms and conditions not materially different from those provided on the Closing Date. Amounts on deposit in the Replacement Receipts Account shall be borne by held for the benefit of the related accountYield Maintenance Counterparty and paid to such Yield Maintenance Counterparty if the Issuer is required to make a payment to such Yield Maintenance Counterparty following an event of default or termination event with respect to the Issuer under the related Yield Maintenance Agreement. Any amounts not so applied shall, following the termination or expiration of such Yield Maintenance Agreement, be applied as part of the Interest Remittance Amount in accordance with Section 5.06.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Structured Asset Sec Corp Thornburg Mort Sec Trust 2003 6)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and Supplemental Interest Trust paid pursuant to Section 4.02(e)(viii5.02(e)(ix), Section 5.02(h) or Section 5.02(i), as applicable, (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Interest Rate Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Interest Rate Cap Account and paid pursuant to Section 5.02(f)(vii) (“Cap Termination Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Replacement Receipts Account”). The Trustee shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments must be payable on demand or mature on a Interest Rate Cap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments shall be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account and all losses, if any, shall be borne by such account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Interest Rate Cap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Cap Termination Receipts Account, if necessary, to enter into replacement Interest Rate Cap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Interest Rate Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities Corp 2006-S1)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(g)(ix) or Section 5.02(k), as applicable (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall upon written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Swap Agreement) that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Interest Rate Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Interest Rate Cap Account and paid pursuant to Section 5.02(h)(vii) or Section 5.02(l) (“Cap Termination Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Replacement Receipts Account”). The Trustee shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments must be payable on demand or mature on a Interest Rate Cap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments shall be made in the name of the Supplemental Interest Trust or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account and all losses, if any, shall be borne by such account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Interest Rate Cap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Cap Termination Receipts Account, if necessary, to enter into replacement Interest Rate Cap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Interest Rate Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities CORP 2007-Bc1)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(e)(ix) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor will arrange for a replacement Swap Agreement or Agreements and the Trustee will promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreements which shall be executed and delivered by the Trustee upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities Corporation, 2005-Gel4)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(h)(x) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments will be made in the name of the Trustee Trustee, as trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall promptly, at the written direction of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Swap Agreement) that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class S-X Certificates.
Appears in 1 contract
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(h)(x) or Section 5.02(l) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments will be made in the name of the Trustee Trustee, as trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall promptly, at the written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Swap Agreement) that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Senior Certificates (other than the Class AIO Certificates) with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the S-X Component of the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Supplemental Interest Trust and paid pursuant to Section 5.02(g)(v) (“Cap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Replacement Receipts Account”). Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account and the Cap Replacement Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments will be made in the name of the Trustee, as trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account or the Cap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Cap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall promptly, at the written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Cap Termination Receipts Account, if necessary, to enter into replacement Cap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Cap Agreement) that such replacement Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Cap Replacement Receipts Account shall be held for the benefit of the related Cap Counterparty and paid to such Cap Counterparty if the Supplemental Interest Trust is required to make a payment to such Cap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Cap Agreement. Any amounts not so applied shall, following the termination or expiration of such Cap Agreement, be paid to the C-X Component of the Class X Certificates.
Appears in 1 contract
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(e)(viii) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Trustee will promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreements which shall be executed and delivered by the Trustee upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
Appears in 1 contract
Samples: Trust Agreement (SASCO Mortgage Pass-Through Certifidates, Series 2005-Wmc1)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty Provider to the Swap Account and paid pursuant to Section 4.02(e)(viiiSections 5.01(a)(i), (ii), (iii) and (iv) and 5.01(g), as applicable (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be a subaccount of the Swap Account and shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Provider (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be a subaccount of the Swap Account and which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Investments or as otherwise directed in writing by a majority of the Certificateholders. All In the absence of written instructions, such Permitted Investments must be payable on demand or mature on a Distribution Date or such other date as directed funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account shall remain uninvested. Unless otherwise permitted by the Certificateholders. All such Eligible Investments will be made Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the name of Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Provider and paid to such Swap Provider if the Supplemental Interest Trust is required to make a payment to such Swap Provider following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class C Certificates.
(in its capacity b) In the event of an “Early Termination Event” as suchdefined under the Basis Risk Cap Agreement, (i) or its nominee. All income and gain realized from any such investment Basis Risk Cap Termination Payment made by the Basis Risk Cap Provider to the Basis Risk Cap Account (“Basis Risk Cap Termination Receipts”) shall be deposited in a segregated non-interest bearing account which shall be a subaccount of the Basis Risk Reserve Fund and which shall be an Eligible Account established by the Trustee (the “Basis Risk Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Basis Risk Cap Provider (“Basis Risk Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be a subaccount of the Basis Risk Reserve Fund and which shall be an Eligible Account established by the Trustee (the “Basis Risk Cap Replacement Receipts Account”). In the absence of written instructions, such funds held in the Basis Risk Cap Termination Receipts Account or and the Basis Risk Cap Replacement Receipts Account shall remain uninvested. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Basis Risk Cap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Basis Risk Cap Termination Receipts Account, as applicableif necessary, and all losses, if any, to enter into replacement Basis Risk Cap Agreement(s) which shall be borne executed and delivered by the related accountTrustee on behalf of the Trust Fund upon receipt of written confirmation from each Rating Agency that such replacement Basis Risk Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HarborView 2006-11)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(h)(xi) or Section 5.02(l) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments will be made in the name of the Trustee Trustee, as trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall promptly, at the written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Swap Agreement) that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class S-X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Supplemental Interest Trust and paid pursuant to Section 5.02(g)(vii) (“Cap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Replacement Receipts Account”). Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account and the Cap Replacement Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments will be made in the name of the Trustee, as trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account or the Cap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Cap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall promptly, at the written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Cap Termination Receipts Account, if necessary, to enter into replacement Cap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Cap Agreement) that such replacement Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Cap Replacement Receipts Account shall be held for the benefit of the related Cap Counterparty and paid to such Cap Counterparty if the Supplemental Interest Trust is required to make a payment to such Cap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Cap Agreement. Any amounts not so applied shall, following the termination or expiration of such Cap Agreement, be paid to the Class C-X Certificates.
Appears in 1 contract
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Cap Agreement, (ai) any Swap Cap Termination Payment made by the Swap Cap Counterparty to the Swap Cap Account and paid pursuant to Section 4.02(e)(viii4.02(e)(vii) (“Swap Cap Termination Receipts”) will shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Cap Termination Receipts Account”) and (bii) any amounts received from a replacement swap cap counterparty (“Swap Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Cap Replacement Receipts Account”). The Securities Administrator shall invest, or cause to be invested, funds held in the Swap Cap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator as permitted pursuant to by clause (ii) of the definition of Permitted Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments must be payable on demand or mature on a Cap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Permitted Investments will shall be made in the name of the Trustee Securities Administrator as trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related such account.
(b) Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for one or more replacement interest rate cap agreements and the Securities Administrator shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Cap Termination Receipts Account, if necessary, to enter into any such replacement interest rate cap agreement which shall be executed and delivered by the Securities Administrator as trustee of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that any such replacement interest rate cap agreement will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HSI Asset Loan Obligation Trust 2007-Wf1)
Termination Receipts. (a) (ia)(i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (a) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii4.02(e)(ix) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Termination Receipts Account”) and (b) any amounts received from a replacement swap counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Replacement Receipts Account”). The Securities Administrator shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator as permitted pursuant to clause (ii) of the definition of Permitted Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2006-He1)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(g)(ix) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Investment Loan Trust 2005-He3)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Replacement Receipts Account”). The Securities Administrator shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator as permitted pursuant to clause (ii) of the definition of Permitted Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement swap agreement(s) and the Securities Administrator shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement swap agreement(s) which shall be executed and delivered by the Securities Administrator on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff1)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(g)(x), Section 5.02(j) or 5.02(k), as applicable (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall upon receipt of written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Swap Agreement) that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such replacement swap agreement, be paid to the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Interest Rate Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Interest Rate Cap Account and paid pursuant to Section 5.02(h)(vii) or Section 5.02(l) (“Cap Termination Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Replacement Receipts Account”). The Trustee shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments must be payable on demand or mature on a Interest Rate Cap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments shall be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account and all losses, if any, shall be borne by such account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Interest Rate Cap Agreement(s) and the Trustee shall promptly, upon receipt of written direction and with the assistance and cooperation of the Depositor, use amounts on deposit in the Cap Termination Receipts Account, if necessary, to enter into replacement Interest Rate Cap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Interest Rate Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf2)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii5.02(h)(ix), Section 5.02(k) or Section 5.02(l), as applicable (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall upon written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Swap Agreement) that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Interest Rate Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Interest Rate Cap Account and paid pursuant to Section 5.02(i)(vii) (“Cap Termination Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Replacement Receipts Account”). The Trustee shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account and the Cap Replacement Receipt Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments must be payable on demand or mature on a Interest Rate Cap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments shall be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account or the Cap Replacement Receipt Account and all losses, if any, shall be borne by such account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall prepare the replacement Interest Rate Cap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use the funds on deposit in the Cap Termination Receipts Account, if needed, to enter into replacement Interest Rate Cap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Interest Rate Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency.
Appears in 1 contract
Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2006-Ff17)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(e)(x) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Swap Payment Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the S-X Component of the Class X Certificates. Neither the Termination Receipts Account nor the Replacement Receipts Account shall be the asset of any REMIC.
Appears in 1 contract
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(h)(x) or Section 5.02(l) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments will be made in the name of the Trustee Trustee, as trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall promptly, at the written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Swap Agreement) that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Senior Certificates (other than the Class AIO Certificates) with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the S-X Component of the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Supplemental Interest Trust and paid pursuant to Section 5.02(g)(v) (“Cap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Replacement Receipts Account”). Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account and the Cap Replacement Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments will be made in the name of the Trustee, as trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account or the Cap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Cap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall promptly, at the written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Cap Termination Receipts Account, if necessary, to enter into replacement Cap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Cap Agreement) that such replacement Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Senior Certificates (other than the Class AIO Certificates) with respect to which it is a Rating Agency. Amounts on deposit in the Cap Replacement Receipts Account shall be held for the benefit of the related Cap Counterparty and paid to such Cap Counterparty if the Supplemental Interest Trust is required to make a payment to such Cap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Cap Agreement. Any amounts not so applied shall, following the termination or expiration of such Cap Agreement, be paid to the C-X Component of the Class X Certificates.
Appears in 1 contract
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(h)(xi) or Section 5.02(l) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments will be made in the name of the Trustee Trustee, as trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall promptly, at the written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Swap Agreement) that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Senior Certificates (other than the Class AIO Certificates) or Class M1, Class M2 or Class M3 Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the S-X Component of the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Supplemental Interest Trust and paid pursuant to Section 5.02(g)(vii) (“Cap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Replacement Receipts Account”). Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account and the Cap Replacement Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments will be made in the name of the Trustee, as trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account or the Cap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Cap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall promptly, at the written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Cap Termination Receipts Account, if necessary, to enter into replacement Cap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Cap Agreement) that such replacement Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Cap Replacement Receipts Account shall be held for the benefit of the related Cap Counterparty and paid to such Cap Counterparty if the Supplemental Interest Trust is required to make a payment to such Cap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Cap Agreement. Any amounts not so applied shall, following the termination or expiration of such Cap Agreement, be paid to the C-X Component of the Class X Certificates.
Appears in 1 contract
Samples: Trust Agreement (LXS 2007-8h)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(e)(ix) or Section 5.02(h), as applicable, (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Swap Payment Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities Corporation, 2005 OPT-1)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii) 5.02 (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Swap Payment Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account.. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 5.11 (other than as obligor on any such investments). Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee (upon the direction of the Depositor) on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement
Appears in 1 contract
Samples: Trust Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2008-1)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii5.02(h)(ix), Section 5.02(k) or Section 5.02(l), as applicable (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Replacement Receipts Account”). The Securities Administrator shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Securities Administrator shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Securities Administrator on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Interest Rate Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Interest Rate Cap Account and paid pursuant to Section 5.02(i)(vii) (“Cap Termination Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Cap Replacement Receipts Account”). The Securities Administrator shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account in time deposits of the Securities Administrator as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments must be payable on demand or mature on a Interest Rate Cap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments shall be made in the name of the Supplemental Interest Trust or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account and all losses, if any, shall be borne by such account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Interest Rate Cap Agreement(s) and the Securities Administrator shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Cap Termination Receipts Account, if necessary, to enter into replacement Interest Rate Cap Agreement(s) which shall be executed and delivered by the Securities Administrator on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Interest Rate Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency.
Appears in 1 contract
Samples: Trust Agreement (Sail 2006-3)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii5.02(h)(ix), Section 5.02(k) or Section 5.02(l), as applicable (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall upon written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Interest Rate Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Interest Rate Cap Account and paid pursuant to Section 5.02(i)(vii) (“Cap Termination Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Replacement Receipts Account”). The Trustee shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments must be payable on demand or mature on a Interest Rate Cap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments shall be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account and all losses, if any, shall be borne by such account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall prepare the replacement Interest Rate Cap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use the funds on deposit in the Cap Termination Receipts Account, if needed, to enter into replacement Interest Rate Cap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Interest Rate Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency.
Appears in 1 contract
Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2006-Ff15)
Termination Receipts. (a) (i) In the event of an “"Early Termination Event” " as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(e)(viii) (“Swap "Termination Receipts”") will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap "Termination Receipts Account”") and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap "Replacement Receipts”") will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap "Replacement Receipts Account”"). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Swap Payment Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates. Neither the Termination Receipts Account nor the Replacement Receipts Account shall be the asset of any REMIC.
Appears in 1 contract
Termination Receipts. (a) (ia)(i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (a) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii4.02(e)(ix) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Termination Receipts Account”) and (b) any amounts received from a replacement swap counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Replacement Receipts Account”). The Securities Administrator shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator as permitted pursuant to clause (ii) of the definition of Permitted Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Permitted Investments will be made in the name of the Trustee of the Supplemental Interest Trust Trustee (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2007-He1)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(e)(ix) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Swap Payment Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the S-X Component of the Class X Certificates. Neither the Termination Receipts Account nor the Replacement Receipts Account shall be the asset of any REMIC.
Appears in 1 contract
Samples: Trust Agreement (GreenPoint Mortgage Funding Trust 2007-Ar3)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii5.02(e)(ix) or Section 5.02(i), as applicable (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for a replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into a replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Interest Rate Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Interest Rate Cap Account and paid pursuant to Section 5.02(f)(vii) (“Cap Termination Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Replacement Receipts Account”). The Trustee shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments. All such investments shall be payable on demand or mature on a Interest Rate Cap Payment Date, a Distribution Date. All such Eligible Investments shall be made in the name of the Supplemental Interest Trust. Any income or gain realized from any investment shall be deposited in the Cap Termination Receipts Account and all losses, if any, shall be borne by such account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall provide the replacement Interest Rate Cap Agreement(s) and the Trustee shall upon receipt of the written direction of the Depositor promptly use funds on deposit in the Cap Termination Receipts Account, if needed, to enter into replacement Interest Rate Cap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency and Depositor that such replacement Interest Rate Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency.
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Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(g)(viii) or Section 5.02(j) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities Corp 2005-Wf4)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Group 1 Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Group 1 Swap Account and paid pursuant to Section 4.02(e)(viii5.02(i)(x) (“Group 1 Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Group 1 Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Group 1 Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Group 1 Swap Replacement Receipts Account”). The Securities Administrator Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Group 1 Swap Termination Receipts Account and the Group 1 Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments will be made in the name of the Trustee Trustee, as trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Group 1 Swap Termination Receipts Account or the Group 1 Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for a replacement Group 1 Swap Agreement or procure a replacement guarantor, if applicable, and the Trustee shall promptly, at the written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Group 1 Swap Termination Receipts Account, if necessary, to enter into a replacement Group 1 Swap Agreement or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Group 1 Swap Agreement) that such replacement Group 1 Swap Agreement will not result in the reduction or withdrawal of the rating of any outstanding Class of Group 1 Senior Certificates and the Class I-M1, Class I-M2 or Class I-M3 Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Group 1 Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Group 1 Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Group 1 Swap Agreement, be paid to the Class 1-X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Group 1 Cap Agreement, (i) any Group 1 Cap Termination Payment made by the Group 1 Cap Counterparty to the Group 1 Cap Account and paid pursuant to Section 5.02(h)(viii) (“Group 1 Cap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Group 1 Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Group 1 Cap Replacement Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Group 1 Cap Replacement Receipts Account”). Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Group 1 Cap Termination Receipts Account and the Group 1 Cap Replacement Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Group 1 Senior Certificateholders and Class I-M1, Class I-M2 and Class I-M3 Certificateholders. All such investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Group 1 Senior Certificateholders and Class I-M1, Class I-M2 and Class I-M3 Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments shall be made in the name of the Trustee, as trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Group 1 Cap Termination Receipts Account or the Group 1 Cap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Group 1 Cap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall promptly, at the written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Group 1 Cap Termination Receipts Account, if necessary, to enter into replacement Cap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Group 1 Cap Agreement) that such replacement Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Group 1 Senior Certificates and Class I-M1, Class I-M2 or Class I-M3 Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Group 1 Cap Replacement Receipts Account shall be held for the benefit of the Group 1 Cap Counterparty and paid to the Group 1 Cap Counterparty if the Supplemental Interest Trust is required to make a payment to the Group 1 Cap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the Group 1 Cap Agreement. Any amounts not so applied shall, following the termination or expiration of the Group 1 Cap Agreement, be paid to the Class 1-X Certificates.
(c) In the event of an “Early Termination Event” as defined under the Group 2 Cap Agreement, (i) any Group 2 Cap Termination Payment made by the Group 2 Cap Counterparty will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Group 2 Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Group 2 Cap Replacement Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Group 2 Cap Replacement Receipts Account”). Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Group 2 Cap Termination Receipts Account and the Group 2 Cap Replacement Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Class WF-1 Certificateholders. All such investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Class WF-1 Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments shall be made in the name of the Trustee, as trustee of the Trust Fund (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Group 2 Cap Termination Receipts Account or the Group 2 Cap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Cap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall promptly, at the written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Group 2 Cap Termination Receipts Account, if necessary, to enter into replacement Cap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Trust Fund upon receipt of written confirmation from each applicable Rating Agency (if required pursuant to the terms of the Group 2 Cap Agreement) that such replacement Cap Agreement(s) will not result in the reduction or withdrawal of the rating of the Class WF-1 Certificates. Amounts on deposit in the Group 2 Cap Replacement Receipts Account shall be held for the benefit of the Group 2 Cap Counterparty and paid to the Group 2 Cap Counterparty if the Trust Fund is required to make a payment to the Group 2 Cap Counterparty following an event of default or termination event with respect to the Trust Fund under the Group 2 Cap Agreement. Any amounts not so applied shall, following the termination or expiration of such Cap Agreement, be paid to the 2-CX Component of the Class 2-X Certificates.
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Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(g)(ix) or Section 5.02(j), as applicable, (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Swap Payment Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
Appears in 1 contract
Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2005-Ff10)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(g)(xii) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Trustee will promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreements which shall be executed and delivered by the Trustee upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
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Samples: Trust Agreement (SASCO Mortgage Pass Through Certificates, Series 2005-Nc1)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(h)(ix) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Swap Payment Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the S-X Component of the Class 2-X Certificates. Neither the Termination Receipts Account nor the Replacement Receipts Account shall be the asset of any REMIC.
Appears in 1 contract
Samples: Trust Agreement (Greenpoint Mortgage Funding Trust 2007-Ar2)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(f)(ix) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Swap Payment Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. The Trustee shall have no liability for losses on investments in Eligible Investments made pursuant to this Section 5.11 (other than as obligor on any such investments). Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the S-X Component of the Class X Certificates. Neither the Termination Receipts Account nor the Replacement Receipts Account shall be the asset of any REMIC.
Appears in 1 contract
Samples: Trust Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-3)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii5.02(g)(ix), Section 5.02(j) or Section 5.02(k), as applicable (“Swap Termination Receipts”) will shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments must investments shall be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments will shall be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. The Trustee shall not be liable for any losses incurred on such investments. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall promptly, at the written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Swap Agreement) that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such replacement swap agreement, be paid to the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Interest Rate Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Interest Rate Cap Account and paid pursuant to Section 5.02(h)(vii) or Section 5.02(l) (“Cap Termination Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Replacement Receipts Account”). Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account and the Cap Replacement Receipt Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments shall be payable on demand or mature on a Interest Rate Cap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments shall be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. The Trustee shall not be liable for any losses incurred on such investments. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account or the Cap Replacement Receipt Account and all losses, if any, shall be borne by such account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall prepare the replacement Interest Rate Cap Agreement(s) and the Trustee shall promptly, at the written direction of the Depositor, use the funds on deposit in the Cap Termination Receipts Account, if needed, to enter into replacement Interest Rate Cap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Interest Rate Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Any amounts not so applied shall be paid to the Class X Certificates.
Appears in 1 contract
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii5.02(g)(ix), Section 5.02(j) or Section 5.02(k), as applicable (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Interest Rate Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Interest Rate Cap Account and paid pursuant to Section 5.02(h)(vii) (“Cap Termination Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Replacement Receipts Account”). The Trustee shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments must be payable on demand or mature on a Interest Rate Cap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments shall be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account and all losses, if any, shall be borne by such account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall prepare the replacement Interest Rate Cap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use the funds on deposit in the Cap Termination Receipts Account, if needed, to enter into replacement Interest Rate Cap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Interest Rate Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency.
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Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2006-Ff10)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(h)(ix) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Swap Payment Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the S-X Component of the Class X-II Certificates. Neither the Termination Receipts Account nor the Replacement Receipts Account shall be the asset of any REMIC.
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Samples: Trust Agreement (Greenpoint Mortgage Funding Trust 2007-Ar1)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii5.02(g)(ix), Section 5.02(j) or Section 5.02(k), as applicable (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall upon written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) or to execute any other agreements with respect to such replacement gurantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Swap Agreement) that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Interest Rate Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Interest Rate Cap Account and paid pursuant to Section 5.02(h)(vii) (“Cap Termination Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Replacement Receipts Account”). The Trustee shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments must be payable on demand or mature on a Interest Rate Cap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments shall be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account and all losses, if any, shall be borne by such account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall prepare the replacement Interest Rate Cap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use the funds on deposit in the Cap Termination Receipts Account, if needed, to enter into replacement Interest Rate Cap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Interest Rate Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency.
Appears in 1 contract
Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2006-FFB)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Group I Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Group I Swap Account and paid pursuant to Section 4.02(e)(viii5A.02(g)(x) or Section 5A.02(j) (“Swap Group I Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Group I Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Group I Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Group I Swap Replacement Receipts Account”). The Securities Administrator Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Group I Swap Termination Receipts Account and the Group I Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments will be made in the name of the Trustee Trustee, as trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Group I Swap Termination Receipts Account or the Group I Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for a replacement Group I Swap Agreement or procure a replacement guarantor, if applicable, and the Trustee shall promptly, at the written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Group I Swap Termination Receipts Account, if necessary, to enter into a replacement Group I Swap Agreement or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Group I Swap Agreement) that such replacement Group I Swap Agreement will not result in the reduction or withdrawal of the rating of any outstanding Class of Group I Certificates (other than the Class 1-A1 and Class 2-AIO Certificates) with respect to which it is a Rating Agency. Amounts on deposit in the Group I Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the Group I Swap Agreement. Any amounts not so applied shall, following the termination or expiration of the Group I Swap Agreement, be paid to the I-SX Component of the Class I-X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Group I Cap Agreement, (i) any Group I Cap Termination Payment made by the Cap Counterparty to the Group I Cap Account and paid pursuant to Section 5A.02(f)(viii) (“Group I Cap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Group I Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Group I Cap Replacement Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Group I Cap Replacement Receipts Account”). Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Group I Cap Termination Receipts Account and the Group I Cap Replacement Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Group I Certificateholders (other than the Class 1-A1 and Class 2-AIO Certificateholders). All such investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Group I Certificateholders (other than the Class 1-A1 and Class 2-AIO Certificateholders). If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments shall be made in the name of the Trustee, as trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Group I Cap Termination Receipts Account or the Group I Cap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Cap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall promptly, at the written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Group I Cap Termination Receipts Account, if necessary, to enter into replacement Cap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Group I Cap Agreement) that such replacement Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Group I Certificates (other than the Class 1-A1 and Class 2-AIO Certificates) with respect to which it is a Rating Agency. Amounts on deposit in the Group I Cap Replacement Receipts Account shall be held for the benefit of the related Cap Counterparty and paid to such Cap Counterparty if the Supplemental Interest Trust is required to make a payment to such Cap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Cap Agreement. Any amounts not so applied shall, following the termination or expiration of such Cap Agreement, be paid to the I-CX Component of the Class I-X Certificates.
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Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(h)(viii) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Swap Payment Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the S-X Component of the Class X-I Certificates. Neither the Termination Receipts Account nor the Replacement Receipts Account shall be the asset of any REMIC.
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Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii5.02(g)(vii), Section 5.02(j) or Section 5.02(k), as applicable (“Swap Termination Receipts”) will shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments must investments shall be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will shall be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall upon written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Swap Agreement) that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such replacement swap agreement, be paid to the Class X Certificates.
Appears in 1 contract
Samples: Trust Agreement (BNC CORP Mortgage Loan Trust 2007-Bnc4)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii5.02(j)(x) or Section 5.02(m) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments will be made in the name of the Trustee Trustee, as trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall promptly, at the written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Swap Agreement) that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the S-X Component of the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Cap Account and paid pursuant to Section 5.02(i)(viii) (“Cap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Replacement Receipts Account”). Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account and the Cap Replacement Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments shall be made in the name of the Trustee, as trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account or the Cap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Cap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall promptly, at the written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Cap Termination Receipts Account, if necessary, to enter into replacement Cap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Cap Agreement) that such replacement Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Cap Replacement Receipts Account shall be held for the benefit of the related Cap Counterparty and paid to such Cap Counterparty if the Supplemental Interest Trust is required to make a payment to such Cap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Cap Agreement. Any amounts not so applied shall, following the termination or expiration of such Cap Agreement, be paid to the C-X Component of the Class X Certificates.
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Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(e)(vii) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Swap Payment Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the S-X Component of the Class X Certificates. Neither the Termination Receipts Account nor the Replacement Receipts Account shall be the asset of any REMIC.
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Termination Receipts. (a) (i) In the event of an “"Early Termination Event” " as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and Supplemental Interest Trust paid pursuant to Section 4.02(e)(viii5.02(e)(ix), 5.02(h) or 5.02(i), as applicable (“"Swap Termination Receipts”) will "), shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “"Swap Termination Receipts Account”") and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“"Swap Replacement Receipts”") will shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “"Swap Replacement Receipts Account”"). The Securities Administrator Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, at the written direction of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
(b) In the event of an "Early Termination Event" as defined under the Interest Rate Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Interest Rate Cap Account and paid pursuant to Sections 5.02(f)(vii) and 5.02(j) ("Cap Termination Receipts") shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the "Cap Termination Receipts Account") and (ii) any amounts received from a replacement Cap Counterparty ("Cap Replacement Receipts") shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the "Cap Replacement Receipts Account"). Solely upon written direction of the Depositor, the Trustee shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account and the Cap Replacement Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments must be payable on demand or mature on an Interest Rate Cap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. If no such direction is given by the Depositor, such funds shall remain uninvested. All such Eligible Investments shall be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account or Cap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Interest Rate Cap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Cap Termination Receipts Account, if necessary, to enter into replacement Interest Rate Cap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Interest Rate Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency.
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Samples: Trust Agreement (Sasco 2006-S3)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account Supplemental Interest Trust and paid pursuant to Section 4.02(e)(viii5.02(h)(vii) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) and the Trustee shall promptly, with the assistance and cooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) which shall be executed and delivered by the Trustee upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
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Samples: Trust Agreement (Structured Asset Investment Loan Trust 2005-3)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (a) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii4.02(e)(ix) (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Termination Receipts Account”) and (b) any amounts received from a replacement swap counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator (the “Swap Replacement Receipts Account”). The Securities Administrator shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator as permitted pursuant to clause (ii) of the definition of Permitted Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Permitted Investments will be made in the name of the Trustee of the Supplemental Interest Trust Trustee (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account.
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Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2007-Wf1)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii5.02(g)(ix) or Section 5.02(k), as applicable (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for replacement Swap Agreement(s) or procure a replacement guarantor, if applicable, and the Trustee shall upon written direction of, and with the assistance and cooperation of the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into replacement Swap Agreement(s) or to execute any other agreements with respect to such replacement guarantor, if applicable, which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency (if required pursuant to the terms of the Swap Agreement) that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such Swap Agreement, be paid to the Class X Certificates.
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Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2006-Bc6)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap early termination of a Yield Maintenance Agreement, (ai) any Swap Termination Payment termination payment made by the Swap Yield Maintenance Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii) Separate Interest Trust (“Swap Termination Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty (“Swap Replacement Receipts”) will be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments investments must be payable on demand or mature on a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Permitted Investments will be made in the name of the Trustee of the Supplemental Separate Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Termination Receipts Account or the Replacement Receipts Account, as applicable. Unless otherwise permitted by the Rating Agencies, the Trustee will promptly, with the assistance and all lossescooperation of the Depositor, use amounts on deposit in the Termination Receipts Account, if anynecessary, to enter into replacement Yield Maintenance Agreements which shall be borne executed and delivered by the Trustee upon receipt of written confirmation from each Rating Agency that such replacement Yield Maintenance Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Replacement Receipts Account shall be held for the benefit of the related accountYield Maintenance Counterparty and paid to such Yield Maintenance Counterparty if the Separate Interest Trust is required to make a payment to such Yield Maintenance Counterparty following an event of default or termination event with respect to the Separate Interest Trust under the related Yield Maintenance Agreement. Any amounts not so applied shall, following the termination or expiration of such Yield Maintenance Agreement, be paid to the Class A-X Certificates.
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Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2004-2)
Termination Receipts. (a) (i) In the event of an “Early Termination Event” as defined under the Swap Agreement, (ai) any Swap Termination Payment made by the Swap Counterparty to the Swap Account and paid pursuant to Section 4.02(e)(viii5.02(g)(x) or Section 5.02(k), as applicable (“Swap Termination Receipts”) will shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Termination Receipts Account”) and (bii) any amounts received from a replacement swap counterparty Swap Counterparty (“Swap Replacement Receipts”) will shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Securities Administrator Trustee (the “Swap Replacement Receipts Account”). The Securities Administrator Trustee shall invest, or cause to be invested, funds held in the Swap Termination Receipts Account and the Swap Replacement Receipts Account in time deposits of the Securities Administrator Trustee as permitted pursuant to by clause (ii) of the definition of Permitted Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such Permitted Investments must investments shall be payable on demand or mature on a Swap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments will shall be made in the name of the Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Swap Termination Receipts Account or the Swap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for a replacement Swap Agreement(s) and the Trustee shall promptly, upon receipt of written direction from the Depositor, use amounts on deposit in the Swap Termination Receipts Account, if necessary, to enter into a replacement Swap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Swap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency. Amounts on deposit in the Swap Replacement Receipts Account shall be held for the benefit of the related Swap Counterparty and paid to such Swap Counterparty if the Supplemental Interest Trust is required to make a payment to such Swap Counterparty following an event of default or termination event with respect to the Supplemental Interest Trust under the related Swap Agreement. Any amounts not so applied shall, following the termination or expiration of such replacement swap agreement, be paid to the Class X Certificates.
(b) In the event of an “Early Termination Event” as defined under the Interest Rate Cap Agreement, (i) any Cap Termination Payment made by the Cap Counterparty to the Interest Rate Cap Account and paid pursuant to Section 5.02(h)(vii) or Section 5.02(l), as applicable, (“Cap Termination Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Termination Receipts Account”) and (ii) any amounts received from a replacement Cap Counterparty (“Cap Replacement Receipts”) shall be deposited in a segregated non-interest bearing account which shall be an Eligible Account established by the Trustee (the “Cap Replacement Receipts Account”). The Trustee shall invest, or cause to be invested, funds held in the Cap Termination Receipts Account and the Cap Replacement Receipts Account in time deposits of the Trustee as permitted by clause (ii) of the definition of Eligible Investments or as otherwise directed in writing by a majority of the Certificateholders. All such investments shall be payable on demand or mature on an Interest Rate Cap Payment Date, a Distribution Date or such other date as directed by the Certificateholders. All such Eligible Investments shall be made in the name of Trustee of the Supplemental Interest Trust (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be deposited in the Cap Termination Receipts Account or the Cap Replacement Receipts Account, as applicable, and all losses, if any, shall be borne by the related account. Unless otherwise permitted by the Rating Agencies as evidenced in a written confirmation, the Depositor shall arrange for a replacement Interest Rate Cap Agreement(s) and the Trustee shall promptly, upon receipt of written direction of the Depositor, use amounts on deposit in the Cap Termination Receipts Account, if necessary, to enter into a replacement Interest Rate Cap Agreement(s) which shall be executed and delivered by the Trustee on behalf of the Supplemental Interest Trust upon receipt of written confirmation from each Rating Agency that such replacement Interest Rate Cap Agreement(s) will not result in the reduction or withdrawal of the rating of any outstanding Class of Certificates with respect to which it is a Rating Agency.
Appears in 1 contract
Samples: Trust Agreement (Sasco 2007-Eq1)