Common use of The Capitalized Interest Account Clause in Contracts

The Capitalized Interest Account. (a) The [Administrator] shall establish and maintain a trust account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be entitled “Capitalized Interest Account, in trust for the benefit of the Holders of Bayview Mortgage Pass-Through Certificates, Series [ ].” The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Date occurring during the Pre-Funding Period, the [Administrator] shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Account for distribution to Certificateholders in accordance with this Article VI on such Payment Date. (b) Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] in Eligible Investments at the written direction of the Seller. All investment income and other gain on such investments shall be for the benefit of the Seller and shall be subject to withdrawal on order of the Seller from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In the event the Seller does not provide written direction to the [Administrator] pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] of the definition of “Eligible Investments” set forth in Article I. (c) On the Payment Date in [ ], all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] and distributed to the Seller and the Capitalized Interest Account shall be terminated.]

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (Bayview Financial Securities Co LLC), Transfer and Servicing Agreement (Bayview Financial Securities Co LLC)

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The Capitalized Interest Account. (a) The [Administrator] Trustee shall establish and maintain in its name, a trust account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be ) entitled “Capitalized Interest Account, LaSalle Bank National Association, as Trustee, in trust for the benefit of the Holders of Bayview Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series [ ]2004-10.” The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller Depositor shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Distribution Date occurring during the Pre-Funding Period, the [Administrator] Trustee shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement (based on a monthly report provided to the Trustee by the Securities Administrator no later than such Business Day) for deposit into the Distribution Certificate Account for distribution to Certificateholders in accordance with this Article VI V on such Payment Distribution Date. (b) . Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Trustee in Eligible Investments at the written direction of the SellerDepositor. All investment income and other gain on such investments shall be for the benefit of the Seller Depositor and shall be subject to withdrawal on order of the Seller Depositor from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller Depositor by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In the event the Seller Depositor does not provide written direction to the [Administrator] Trustee pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] ) of the definition of “Eligible Investments” set forth in Article I. (c) On I. At the Payment Date in [ ]end of the Pre-Funding Period, all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] Trustee and distributed to the Seller Depositor and the Capitalized Interest Account shall be terminated.]

Appears in 2 contracts

Samples: Trust Agreement (Structured Asset Investment Loan Trust 2004-10), Trust Agreement (Structured Asset Investment Loan Trust 2004-10)

The Capitalized Interest Account. (a) The [Administrator] Indenture Trustee shall establish and maintain a trust in its name, an account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be entitled “Capitalized Interest AccountAccount of [ - ], in trust as Indenture Trustee, for the benefit of the Holders of Bayview Mortgage PassFirst NLC Securitization Trust 200_-_ Asset-Through CertificatesBacked Securities, Series [ ]200_-_.” The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller Depositor shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. (b) The Capitalized Interest Account shall be an Eligible Account. If an existing Capitalized Interest Account ceases to be an Eligible Account, the Indenture Trustee shall establish a new Capitalized Interest Account that is an Eligible Account within 30 days and transfer all funds on deposit in such existing Capitalized Interest Account into such new Capitalized Interest Account. (c) On the Business Day preceding any Payment Date occurring during the Pre-Funding Period, the [Administrator] Indenture Trustee shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Account for distribution to Certificateholders Noteholders in accordance with this Article VI Section 7.7 on such Payment Date. (bd) Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Indenture Trustee only in Eligible Investments at the written direction of the SellerDepositor. All investment income and other gain on such investments shall be for the benefit of the Seller Depositor and shall be subject to withdrawal on order of the Seller Depositor from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller Depositor by a deposit into the Capitalized Interest Account of its own funds, without right of reimbursement therefor, immediately as realized. In the event the Seller Depositor does not provide written direction to the [Administrator] Indenture Trustee pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund funds as described in paragraph [(viii)] of the definition of Eligible Investments” set forth in Article I. (c) . On the Payment Date in [ ]last day of the Pre-Funding Period, all amounts, if any, the Indenture Trustee shall transfer any remaining amounts on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] and distributed to the Seller Distribution Account, which will be held uninvested, and will be included in the Capitalized Interest Account shall be terminatedAvailable Distribution Amount for distribution to the Noteholders as an additional prepayment of principal on the immediately following Payment Date in accordance with the priorities set forth in Section 7.7 and terminate such Account.]

Appears in 1 contract

Samples: Transfer and Servicing Agreement (First NLC Securitization, Inc.)

The Capitalized Interest Account. (a) The [Administrator] Indenture Trustee shall establish and maintain a trust in the name of the Securities Intermediary, an account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be ) entitled “Capitalized Interest Account, JPMorgan Chase Bank, as Indenture Trustee, in trust for the benefit of the Holders of Bayview Structured Asset Securities Corporation Mortgage PassLoan Trust 2002-Through Certificates9 Mortgage-Backed Securities, Series [ ]2002-9.” The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Date occurring during the Pre-Funding Period, Period the [Administrator] Indenture Trustee shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Note Account for distribution to Certificateholders Noteholders in accordance with this Article VI 5.03(b) on such Payment Date. (b) Amounts . At the end of the Pre-Funding Period, all amounts, if any, on deposit in the Capitalized Interest Account shall be distributed to the Seller and the Capitalized Interest Account shall be terminated. The Indenture Trustee may invest, or cause to be invested by invested, funds held in the [Administrator] in Eligible Investments Capitalized Interest Account at the written direction of the Seller, which funds, if invested, shall be invested in Eligible Investments (which may be obligations of the Indenture Trustee). All investment such investments must be payable on demand or mature no later than one Business Day prior to the next Payment Date, and shall not be sold or disposed of prior to their maturity. All such Eligible Investments will be made in the name of the Indenture Trustee (in its capacity as such) or its nominee. All income and other gain on realized from any such investments investment shall be held in trust for the benefit of Securityholders until withdrawn from the Seller and shall be subject to withdrawal on order of the Seller from time to time. Capitalized Interest Account as provided in this Article V. The amount of any losses incurred in respect of any such investments shall be paid by the Seller by a for deposit into in the Capitalized Interest Account out of its own funds, without any right of reimbursement therefor, immediately as realized. In the event the Seller does not provide written direction to the [Administrator] Indenture Trustee pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] ) of the definition of “Eligible InvestmentsInvestment” set forth in Article I. (c) On the Payment Date in [ ], all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] and distributed to the Seller and the Capitalized Interest Account shall be terminated.]

Appears in 1 contract

Samples: Sale and Servicing Agreement (Structured Asset Securities Corp Mort Back Notes Ser 2002 9)

The Capitalized Interest Account. (a) The [Administrator] Trustee shall establish and maintain in its name, as trustee, a trust account (the "Capitalized Interest Account”). The Capitalized Interest Account shall be ") entitled "Capitalized Interest Account, Bank One, National Association, as Trustee, in trust for the benefit of the Holders of Bayview Amortizing Residential Collateral Trust Mortgage Pass-Through Certificates, Series [ ].” 2002-BC2". The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller Depositor shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Distribution Date occurring during the Pre-Funding Period, Period the [Administrator] Trustee shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Account Certificate Amount for distribution to Certificateholders in accordance with this Article VI V on such Payment Distribution Date. (b) . Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Trustee in Eligible Investments at the written direction of the SellerDepositor. All investment income and other gain on such investments shall be for the benefit of the Seller Depositor and shall be subject to withdrawal on order of the Seller from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller Depositor by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In the event the Seller Depositor does not provide written direction to the [Administrator] Trustee pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] ) of the definition of "Eligible Investments” Investment" set forth in Article I. (c) On I. At the Payment Date in [ ]end of the Pre-Funding Period, all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] and distributed to the Seller Depositor and the Capitalized Interest Account shall be terminated.]

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc2)

The Capitalized Interest Account. (a) The [Administrator] Trustee shall establish and maintain a trust in its name, an account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be entitled “Capitalized Interest AccountAccount of [ - ], in trust as Trustee, for the benefit of the Holders of Bayview Mortgage FBRSI Trust 200_-_ Asset-Backed Pass-Through Certificates, Series [ ]200_-_.” The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller Depositor shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. (b) The Capitalized Interest Account shall be an Eligible Account. If an existing Capitalized Interest Account ceases to be an Eligible Account, the Trustee shall establish a new Capitalized Interest Account that is an Eligible Account within 30 days and transfer all funds on deposit in such existing Capitalized Interest Account into such new Capitalized Interest Account. (c) On the Business Day preceding any Payment Distribution Date occurring during the Pre-Funding Period, the [Administrator] Trustee shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Payment Account for distribution to Certificateholders in accordance with this Article VI Section 8.1 on such Payment Distribution Date. (bd) Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Trustee only in Eligible Investments at the written direction of the SellerDepositor. All investment income and other gain on such investments shall be for the benefit of the Seller Depositor and shall be subject to withdrawal on order of the Seller Depositor from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller Depositor by a deposit into the Capitalized Interest Account of its own funds, without right of reimbursement therefor, immediately as realized. In the event the Seller Depositor does not provide written direction to the [Administrator] Trustee pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund funds as described in paragraph [(viii)] ) of the definition of Eligible Investments” Investments set forth in Article I. (ce) On the Payment Date in [ ]last day of the Pre-Funding Period, all amounts, if any, the Trustee shall transfer any remaining amounts on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] and distributed to the Seller Payment Account, which will be held uninvested, and will be included in the Capitalized Interest Account shall be terminatedAvailable Distribution Amount for distribution to the Certificateholders as an additional prepayment of principal on the immediately following Distribution Date in accordance with the priorities set forth in Section 8.1 and terminate such Account.]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (FBR Securitization, Inc.)

The Capitalized Interest Account. (a) The [Administrator] Trustee shall establish and maintain in its name, a trust account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be ) entitled “Capitalized Interest Account, LaSalle Bank National Association, as Trustee, in trust for the benefit of the Holders of Bayview Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series [ ]2004-4.” The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller Depositor shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Distribution Date occurring during the Pre-Funding Period, the [Administrator] Trustee shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement (based on a monthly report provided to the Trustee by the Securities Administrator no later than such Business Day) for deposit into the Distribution Certificate Account for distribution to Certificateholders in accordance with this Article VI V on such Payment Distribution Date. (b) . Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Trustee in Eligible Investments at the written direction of the SellerDepositor. All investment income and other gain on such investments shall be for the benefit of the Seller Depositor and shall be subject to withdrawal on order of the Seller Depositor from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller Depositor by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In the event the Seller Depositor does not provide written direction to the [Administrator] Trustee pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] ) of the definition of “Eligible Investments” set forth in Article I. (c) On I. At the Payment Date in [ ]end of the Pre-Funding Period, all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] Trustee and distributed to the Seller Depositor and the Capitalized Interest Account shall be terminated.]

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Investment Loan Trust 2004-4)

The Capitalized Interest Account. (a) The [Securities Administrator] , as Paying Agent, for the Trustee, shall establish and maintain a trust account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be entitled “Capitalized Interest an Eligible Account, to be held in trust for the benefit of Certificateholders, entitled “Capitalized Interest Account of U.S. Bank National Association, as Trustee, for the Holders benefit of Bayview Mortgage NYMT 2006-1 Mortgage-Backed Pass-Through Certificates, Series [ ].” The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller Depositor shall deposit cause to be deposited in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Date occurring during the Pre-Funding Period, the [Administrator] shall withdraw from the Capitalized Interest Account cash in an amount equal to the Capitalized Interest Requirement. On the first Distribution Date, funds in the Capitalized Interest Account equal to the Capitalized Interest Requirement for deposit such Distribution Date shall be withdrawn by the Securities Administrator from the Capitalized Interest Account and deposited into the Collection Account. With respect to any Distribution Date on which there are any amounts that constitute Subsequent Mortgage Loan Interest funds in the Capitalized Interest Account for distribution equal to Certificateholders the Subsequent Mortgage Loan Interest shall be withdrawn by the Securities Administrator from the Capitalized Interest Account and deposited into the Collection Account. All amounts deposited in accordance with this Article VI on such Payment Daterespect of the Capitalized Interest Requirement and the Subsequent Mortgage Loan Interest shall be considered cash deposits by NYMT to REMIC IV. (b) Amounts During the Pre-Funding Period, amounts on deposit in the Capitalized Interest Account may may, at the direction of NYMT, be invested by in Permitted Investments, and in the [Administrator] absence of such instructions shall be invested in Eligible Investments at the written direction of the SellerXxxxx Fargo Advantage Prime Investment Money Market Fund. All investment income and other gain earnings on such investments shall be for the benefit of the Seller and shall be subject to withdrawal on order of the Seller from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In the event the Seller does not provide written direction to the [Administrator] pursuant to this Section, all funds on deposit Permitted Investments in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] for the benefit of NYMT. At the close of the definition of “Eligible Investments” set forth in Article I. (c) On the Payment Date in [ ]Pre-Funding period, all amounts, if any, on deposit other than the Subsequent Mortgage Loan Interest remaining in the Capitalized Interest Account shall be withdrawn by released to NYMT and the [Administrator] and distributed to Securities Administrator shall terminate such Account. (c) The Capitalized Interest Account shall be part of the Seller and Trust Estate, but not part of any REMIC created hereunder. For federal income tax purposes, the Capitalized Interest Account shall be terminatedan “outside reserve fund” within the meaning of Treasury regulation § 1.860G-2(h). NYMT shall be the beneficial owner of the Capitalized Interest for federal income tax purposes, subject to the foregoing power of the Securities Administrator to transfer amounts in the Capitalized Interest Account to the Collection Account on behalf of NYMT.]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (NYMT Securities CORP)

The Capitalized Interest Account. (a) The [Administrator] Trustee shall establish and maintain a trust account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be entitled “Capitalized Interest Account, in trust for the benefit of the Holders of Bayview Mortgage Pass-Through Certificates, Series [ ].” The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Distribution Date occurring during the Pre-Funding Period, the [Administrator] Trustee shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Account for distribution to Certificateholders in accordance with this Article VI on such Payment Distribution Date. (b) Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Trustee in Eligible Investments at the written direction of the Seller. All investment income and other gain on such investments shall be for the benefit of the Seller and shall be subject to withdrawal on order of the Seller from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In the event the Seller does not provide written direction to the [Administrator] Trustee pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] of the definition of “Eligible Investments” set forth in Article I. (c) On the Payment Distribution Date in [ ], all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] Trustee and distributed to the Seller and the Capitalized Interest Account shall be terminated.]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bayview Financial Securities Co LLC)

The Capitalized Interest Account. (a) The [Administrator] Trustee shall establish and maintain a trust in its name, an account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be entitled “Capitalized Interest Account, in trust Account for the benefit of the Holders of Bayview Mortgage PassFirst NLC Trust 2005-Through 2 Mortgage-Backed Certificates, Series [ ]2005-2.” The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller Depositor shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. (b) The Capitalized Interest Account shall be an Eligible Account. If an existing Capitalized Interest Account ceases to be an Eligible Account, the Trustee shall establish a new Capitalized Interest Account that is an Eligible Account within 30 days and transfer all funds on deposit in such existing Capitalized Interest Account into such new Capitalized Interest Account. (c) On the Business Day preceding any Payment Distribution Date occurring during or after the Pre-Funding Period, the [Administrator] Trustee shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Payment Account for distribution to Certificateholders in accordance with this Article VI Section 8.1 on such Payment Distribution Date. (bd) Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Trustee only in Eligible Investments at the written direction of the SellerDepositor. All investment income and other gain on such investments shall be for the benefit of the Seller Depositor and shall be subject to withdrawal on order of the Seller Depositor from time to time. All such Eligible Investments shall mature on or prior to the Business Day prior to the next Distribution Date. The amount of any losses incurred in respect of any such investments Eligible Investments shall be paid by the Seller Depositor by a deposit into the Capitalized Interest Account of its own funds, without right of reimbursement therefor, immediately as realized. In the event the Seller Depositor does not provide written direction to the [Administrator] Trustee pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market remain uninvested. (e) On or common trust fund as described in paragraph [(viii)] after the last day of the definition of “Eligible Investments” set forth in Article I. (c) On Pre-Funding Period, on the Payment Servicer Remittance Date in [ ], all amounts, if any, the Trustee shall transfer any remaining amounts on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] and distributed as follows: (i) to the Seller Payment Account, in the amount of the applicable Capitalized Interest Requirement, for inclusion in the Available Interest Funds for distribution to the Certificateholders on the immediately following Distribution Date in accordance with the priorities set forth in Section 8.1 and (ii) the remainder to the Depositor. After all amounts are remitted from the Capitalized Interest Account, the Trustee shall terminate such Account. (f) The Capitalized Interest Account shall not be terminatedan asset of any REMIC formed under this Agreement.]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First NLC Trust 2005-2)

The Capitalized Interest Account. (a) The [Administrator] Trustee shall establish and maintain in its name, as trustee, a trust account (the "Capitalized Interest Account”). The Capitalized Interest Account shall be ") entitled "Capitalized Interest Account, Bank One, National Association, as Trustee, in trust for the benefit of the Holders of Bayview Amortizing Residential Collateral Trust Mortgage Pass-Through Certificates, Series [ ].” 2002-BC1". The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller Depositor shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Distribution Date occurring during the Pre-Funding Period, Period the [Administrator] Trustee shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Account Certificate Amount for distribution to Certificateholders in accordance with this Article VI V on such Payment Distribution Date. (b) . Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Trustee in Eligible Investments at the written direction of the SellerDepositor. All investment income and other gain on such investments shall be for the benefit of the Seller Depositor and shall be subject to withdrawal on order of the Seller from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller Depositor by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In the event the Seller Depositor does not provide written direction to the [Administrator] Trustee pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] ) of the definition of "Eligible Investments” Investment" set forth in Article I. (c) On I. At the Payment Date in [ ]end of the Pre-Funding Period, all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] and distributed to the Seller Depositor and the Capitalized Interest Account shall be terminated.]

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc1)

The Capitalized Interest Account. (a) The [Administrator] Trustee shall establish and maintain a trust account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be entitled “Capitalized Interest Account, in trust for the benefit of the Holders of Bayview Commercial Asset Trust 20[ ]-[ ] Mortgage Pass-Through Certificates, Series [ ].” The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Distribution Date occurring during the Pre-Funding Period, the [Administrator] Trustee shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Account for distribution to Certificateholders in accordance with this Article VI on such Payment Distribution Date. (b) Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Trustee in Eligible Investments at the written direction of the Seller. All investment income and other gain on such investments shall be for the benefit of the Seller and shall be subject to withdrawal on order of the Seller from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In the event the Seller does not provide written direction to the [Administrator] Trustee pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] of the definition of “Eligible Investments” set forth in Article I. (c) On the Payment Distribution Date in [ ], all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] Trustee and distributed to the Seller and the Capitalized Interest Account shall be terminated.]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (BLG Securities Company, LLC)

The Capitalized Interest Account. (a) [The [Administrator] Securities Administrator shall establish and maintain in its name, as Securities Administrator, a trust account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be entitled “Capitalized Interest Account, [ ], as Securities Administrator, in trust for the benefit of the Holders of Bayview “HomeBanc Mortgage Trust [ ] Mortgage Pass-Through Certificates, Series [ ].” The Capitalized Interest Account shall be an Eligible Account and if the account ceases to be an Eligible Account, the Securities Administrator shall establish a new Capitalized Interest Account that is also an Eligible Account within five Business Days and transfer all funds and investment property on deposit in the Capitalized Interest Account into such new Capitalized Interest Account. On the Closing Date, the Seller Depositor shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Distribution Date occurring during the Pre-Funding Period, the [Administrator] Securities Administrator shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Account for distribution to Certificateholders in accordance with this Article VI on such Payment Distribution Date. (b) . Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Securities Administrator in Eligible Investments at the written direction of the SellerDepositor. All investment income and other gain on such investments shall be for the benefit of the Seller Depositor and shall be subject to withdrawal on order of the Seller Depositor from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller Depositor by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In At the event the Seller does not provide written direction to the [Administrator] pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] end of the definition of “Eligible Investments” set forth in Article I. (c) On the Payment Date in [ ]Pre-Funding Period, all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] Securities Administrator and distributed to the Seller Depositor and the Capitalized Interest Account shall be terminated.]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HMB Acceptance Corp.)

The Capitalized Interest Account. (a) [The [Administrator] Securities Administrator shall establish and maintain in its name, as Securities Administrator, a trust account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be entitled “Capitalized Interest Account, [ ], as Securities Administrator, in trust for the benefit of the Holders of Bayview “HomeBanc Mortgage Pass-Through Certificates, Series Trust [ ]] Mortgage Backed Notes.” The Capitalized Interest Account shall be an Eligible Account and if the account ceases to be an Eligible Account, the Securities Administrator shall establish a new Capitalized Interest Account that is also an Eligible Account within five Business Days and transfer all funds and investment property on deposit in the Capitalized Interest Account into such new Capitalized Interest Account. On the Closing Date, the Seller Depositor shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Date occurring during the Pre-Funding Period, the [Administrator] Securities Administrator shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Note Payment Account for distribution to Certificateholders Noteholders in accordance with this Article VI on such Payment Date. (b) . Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Securities Administrator in Eligible Investments at the written direction of the SellerDepositor. All investment income and other gain on such investments shall be for the benefit of the Seller Depositor and shall be subject to withdrawal on order of the Seller Depositor from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller Depositor by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In At the event the Seller does not provide written direction to the [Administrator] pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] end of the definition of “Eligible Investments” set forth in Article I. (c) On the Payment Date in [ ]Pre-Funding Period, all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] Securities Administrator and distributed to the Seller Depositor and the Capitalized Interest Account shall be terminated.]

Appears in 1 contract

Samples: Transfer and Servicing Agreement (HMB Acceptance Corp.)

The Capitalized Interest Account. (a) The [Administrator] Trustee shall establish and maintain a trust in its name, an account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be entitled “Capitalized Interest AccountAccount of [ - ], in trust as Trustee, for the benefit of the Holders of Bayview Mortgage First NLC Securitization Trust 200 - Asset-Backed Pass-Through Certificates, Series [ ]200 - .” The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller Depositor shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. (b) The Capitalized Interest Account shall be an Eligible Account. If an existing Capitalized Interest Account ceases to be an Eligible Account, the Trustee shall establish a new Capitalized Interest Account that is an Eligible Account within 30 days and transfer all funds on deposit in such existing Capitalized Interest Account into such new Capitalized Interest Account. (c) On the Business Day preceding any Payment Distribution Date occurring during the Pre-Funding Period, the [Administrator] Trustee shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Payment Account for distribution to Certificateholders in accordance with this Article VI Section 8.1 on such Payment Distribution Date. (bd) Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Trustee only in Eligible Investments at the written direction of the SellerDepositor. All investment income and other gain on such investments shall be for the benefit of the Seller Depositor and shall be subject to withdrawal on order of the Seller Depositor from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller Depositor by a deposit into the Capitalized Interest Account of its own funds, without right of reimbursement therefor, immediately as realized. In the event the Seller Depositor does not provide written direction to the [Administrator] Trustee pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund funds as described in paragraph [(viii)] h) of the definition of “Eligible Investments” set forth in Article I.”. (ce) On the Payment Date in [ ]last day of the Pre-Funding Period, all amounts, if any, the Trustee shall transfer any remaining amounts on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] and distributed to the Seller Payment Account, which will be held uninvested, and will be included in the Capitalized Interest Account shall be terminatedAvailable Distribution Amount for distribution to the Certificateholders as an additional prepayment of principal on the immediately following Distribution Date in accordance with the priorities set forth in Section 8.1 and terminate such Account.]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First NLC Securitization, Inc.)

The Capitalized Interest Account. (a) The [Administrator] Trustee shall establish and maintain a trust in its name, an eligible account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be ) entitled “Capitalized Interest Account, LaSalle Bank National Association, as Trustee, in trust for the benefit of the Holders of Bayview Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series [ ]2003-BC11.” The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller Depositor shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Distribution Date occurring during the Pre-Funding Period, the [Administrator] Trustee shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement (as calculated and provided to the Trustee by the Securities Administrator) for deposit into the Distribution Account Certificate Amount for distribution to Certificateholders in accordance with this Article VI V on such Payment Distribution Date. (b) . Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Trustee in Eligible Investments at the written direction of the SellerDepositor. All investment income and other gain on such investments shall be for the benefit of the Seller Depositor and shall be subject to withdrawal on order of the Seller Depositor from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller Depositor by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In the event the Seller Depositor does not provide written direction to the [Administrator] Trustee pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] ) of the definition of “Eligible Investments” set forth in Article I. (c) On I. At the Payment Date in [ ]end of the Pre-Funding Period, all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] Trustee and distributed to the Seller Depositor and the Capitalized Interest Account shall be terminated.]

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-Bc11)

The Capitalized Interest Account. (a) The [Administrator] Indenture Trustee shall establish and maintain a trust in the name of the Securities Intermediary, an account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be ) entitled “Capitalized Interest Account, U.S. Bank National Association, as Indenture Trustee, in trust for the benefit of the Holders of Bayview SASCO Mortgage PassLoan Trust 2003-Through CertificatesGEL1 Mortgage Backed Notes, Series [ ]2003-GEL1.” The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller Depositor shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Date occurring during the Pre-Funding Period, Period the [Administrator] Indenture Trustee shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Note Account for distribution to Certificateholders Noteholders in accordance with this Article VI 5.03(b) on such Payment Date. (b) . Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Indenture Trustee in Eligible Investments at the written direction of the SellerDepositor. All investment income and other gain on such investments shall be for the benefit of the Seller Depositor and shall be subject to withdrawal on order of the Seller Depositor from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller Depositor by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In the event the Seller Depositor does not provide written direction to the [Administrator] Indenture Trustee pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] ) of the definition of “Eligible Investments” set forth in Article I. (c) On I. At the Payment Date in [ ]end of the Pre-Funding Period, all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] Indenture Trustee and distributed to the Seller Depositor and the Capitalized Interest Account shall be terminated.]

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Sasco Mortgage Loan Trust Series 2003-Gel1)

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The Capitalized Interest Account. (a) The [Administrator] Indenture Trustee shall establish and maintain a trust account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be entitled “Capitalized Interest Account, in trust for the benefit of the Holders of Bayview ____________ Mortgage Pass-Through Certificates, Loan Owner Trust 200__-__Mortgage Loan Asset Backed Notes Series [ ]_____.” The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller [Depositor] shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Date occurring during the Pre-Funding Period, the [Administrator] Indenture Trustee shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Note Payment Account for distribution to Certificateholders Noteholders in accordance with this Article VI V on such Payment Date. (b) Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Indenture Trustee in Eligible Permitted Investments at the written direction of the Seller[Depositor]. All investment income and other gain on such investments shall be for the benefit of the Seller [Depositor] and shall be subject to withdrawal on order of the Seller [Depositor] from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller [Depositor] by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In the event the Seller [Depositor] does not provide written direction to the [Administrator] Indenture Trustee pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viiivi)] of the definition of “Eligible Permitted Investments” set forth in Article I. (c) On the Payment Distribution Date in [ ], all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] Indenture Trustee and distributed to the Seller [Depositor] and the Capitalized Interest Account shall be terminated.]

Appears in 1 contract

Samples: Sale and Servicing Agreement (Hsi Asset Securitization Corp)

The Capitalized Interest Account. (a) The [Administrator] Securities Administrator shall establish and maintain a trust account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be entitled “Capitalized Interest Account, in trust for the benefit of the Holders of Bayview Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series [ ].” The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Distribution Date occurring during the Pre-Funding Period, the [Administrator] Securities Administrator shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Account for distribution to Certificateholders in accordance with this Article VI IV on such Payment Distribution Date. (b) Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Securities Administrator in Eligible Investments at the written direction of the Seller. All investment income and other gain on such investments shall be for the benefit of the Seller and shall be subject to withdrawal on order of the Seller from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In the event the Seller does not provide written direction to the [Administrator] Securities Administrator pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] of the definition of “Eligible Investments” set forth in Article I. (c) On the Payment Distribution Date in [ ], all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] Securities Administrator and distributed to the Seller and the Capitalized Interest Account shall be terminated.]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Aegis Asset Backed Securities Corp)

The Capitalized Interest Account. (a) The [Administrator] Securities Administrator shall establish and maintain in the name of the Trustee, a trust account (the “Capitalized Interest Account”). The Capitalized Interest Account for Pool 1 shall be entitled “Pool 1 Capitalized Interest Account, Wachovia Bank, National Association, as Trustee, in trust for the benefit of the Holders of Bayview Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series [ ]2005-5.” The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller shall deposit in the Capitalized Interest Account the Original Capitalized Interest AmountAmount for Pool 1. On the Business Day preceding any Payment Distribution Date occurring during the Pre-Funding Period, the [Administrator] Securities Administrator shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for Pool 1 for deposit into the Distribution Account for distribution to Certificateholders in accordance with this Article VI IV on such Payment Distribution Date. (b) Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Securities Administrator in Eligible Investments at the written direction of the Seller. All investment income and other gain on such investments shall be for the benefit of the Seller and shall be subject to withdrawal on order of the Seller from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In the event the Seller does not provide written direction to the [Administrator] Securities Administrator pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] ) of the definition of “Eligible Investments” set forth in Article I. (c) On the Payment Distribution Date in [ ]November 2005, all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] Securities Administrator and distributed to the Seller and the Capitalized Interest Account shall be terminated.]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2005-5)

The Capitalized Interest Account. (a) The [Administrator] shall establish and maintain a trust account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be entitled “Capitalized Interest Account, in trust for the benefit of the Holders of Bayview Mortgage Pass-Through Certificates, Series Commercial Asset Trust 20[ ]-[ ] Asset Backed Securities.” The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Date occurring during the Pre-Funding Period, the [Administrator] shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Account for distribution to Certificateholders in accordance with this Article VI on such Payment Date. (b) Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] in Eligible Investments at the written direction of the Seller. All investment income and other gain on such investments shall be for the benefit of the Seller and shall be subject to withdrawal on order of the Seller from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In the event the Seller does not provide written direction to the [Administrator] pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] of the definition of “Eligible Investments” set forth in Article I. (c) On the Payment Date in [ ], all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] and distributed to the Seller and the Capitalized Interest Account shall be terminated.]

Appears in 1 contract

Samples: Transfer and Servicing Agreement (BLG Securities Company, LLC)

The Capitalized Interest Account. (a) [The [Administrator] Securities Administrator shall establish and maintain in its name, as Securities Administrator, a trust account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be entitled “Capitalized Interest Account, [ ], as Securities Administrator, in trust for the benefit of the Holders of Bayview “TBW Mortgage Pass-Through Certificates, Series Trust [ ]] Mortgage Backed Notes.” The Capitalized Interest Account shall be an Eligible Account and if the account ceases to be an Eligible Account, the Securities Administrator shall establish a new Capitalized Interest Account that is also an Eligible Account within five Business Days and transfer all funds and investment property on deposit in the Capitalized Interest Account into such new Capitalized Interest Account. On the Closing Date, the Seller Depositor shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Date occurring during the Pre-Funding Period, the [Administrator] Securities Administrator shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Note Payment Account for distribution to Certificateholders Noteholders in accordance with this Article VI on such Payment Date. (b) . Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Securities Administrator in Eligible Investments at the written direction of the SellerDepositor. All investment income and other gain on such investments shall be for the benefit of the Seller Depositor and shall be subject to withdrawal on order of the Seller Depositor from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller Depositor by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In At the event the Seller does not provide written direction to the [Administrator] pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] end of the definition of “Eligible Investments” set forth in Article I. (c) On the Payment Date in [ ]Pre-Funding Period, all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] Securities Administrator and distributed to the Seller Depositor and the Capitalized Interest Account shall be terminated.]

Appears in 1 contract

Samples: Transfer and Servicing Agreement (TBALT Corp.)

The Capitalized Interest Account. (ai) The [Administrator] Indenture Trustee shall establish and maintain a trust account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be entitled “for the benefit of the Note Insurer and the Noteholders, as an Eligible Bank Account, in the name of "ABFS Equipment Contract Trust 1999-A Capitalized Interest Account, in trust for the benefit of the Holders registered holders of Bayview Mortgage PassEquipment Contract-Through CertificatesBacked Notes and the Note Insurer." At the Servicer's written direction, Series [ ].” the Indenture Trustee shall make withdrawals from the Capitalized Interest Account only as provided in Section 3.01(c)(ii) of this Indenture. The Indenture Trustee shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account and all proceeds thereof. The Capitalized Interest Account shall be an Eligible Account. under the sole dominion and control of the Indenture Trustee, for the benefit of the Noteholders and the Note Insurer. (ii) On the Closing Date, the Seller shall Indenture Trustee will deposit from the proceeds of the sale of the Class A Notes and the Class B Notes, the Capitalized Interest Account Deposit in the Capitalized Interest Account the Original Capitalized Interest AmountAccount. On the Business Day preceding any each Payment Date occurring during the Pre-Funding PeriodPeriod only, the [Administrator] Indenture Trustee shall withdraw transfer from the Capitalized Interest Account an amount equal to the Collection Account the Capitalized Interest Requirement Requirement, if any, for deposit into such Payment Date; provided that such amounts will be used only to pay (A) interest on the Distribution Account for distribution to Certificateholders in accordance with this Article VI Notes and (B) the Premium Amount payable on such Payment Date. (b) Amounts . Any amount remaining on deposit in the Capitalized Interest Account may be invested by on the [Administrator] in Eligible Investments at Payment Date immediately following the written direction end of the Seller. All investment income and other gain on such investments shall Pre-Funding Period (after taking into account any transfer to be for the benefit of the Seller and shall be subject to withdrawal on order of the Seller made from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In the event the Seller does not provide written direction to the [Administrator] pursuant to this Section, all funds Collection Account on deposit in the Capitalized Interest Account such Payment Date) shall be invested released by the Indenture Trustee to the Transferors (in a money market or common trust fund as described in paragraph [(viii)] proportion to the percentage of the definition of “Eligible Investments” set forth in Article I. (c) On the Payment Date in [ ]Conveyed Assets held by each Transferor), all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] and distributed to the Seller and the Capitalized Interest Account shall thereafter be terminatedclosed.]

Appears in 1 contract

Samples: Indenture (Prudential Securities Secured Financing Corp)

The Capitalized Interest Account. (a) The [Administrator] Administrator shall establish and maintain a trust account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be entitled “Capitalized Interest Account, in trust for the benefit of the Holders of Bayview Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series [ ].” The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Distribution Date occurring during the Pre-Funding Period, the [Administrator] Administrator shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Account for distribution to Certificateholders in accordance with this Article VI IV on such Payment Distribution Date. (b) Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Administrator in Eligible Investments at the written direction of the Seller. All investment income and other gain on such investments shall be for the benefit of the Seller and shall be subject to withdrawal on order of the Seller from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In the event the Seller does not provide written direction to the [Administrator] Administrator pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] of the definition of “Eligible Investments” set forth in Article I. (c) On the Payment Distribution Date in [ ], all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] Administrator and distributed to the Seller and the Capitalized Interest Account shall be terminated.]

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Aegis Asset Backed Securities Corp)

The Capitalized Interest Account. (a) The [Administrator] Trustee shall establish and maintain in its name, as trustee, a trust account (the "Capitalized Interest Account”). The Capitalized Interest Account shall be ") entitled "Capitalized Interest Account, Bank One, National Association, as Trustee, in trust for the benefit of the Holders of Bayview Amortizing Residential Collateral Trust Mortgage Pass-Through Certificates, Series [ ].” 2001-BC6". The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller Depositor shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Distribution Date occurring during the Pre-Funding Period, Period the [Administrator] Trustee shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Account Certificate Amount for distribution to Certificateholders in accordance with this Article VI V on such Payment Distribution Date. (b) . Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Trustee in Eligible Investments at the written direction of the SellerDepositor. All investment income and other gain on such investments shall be for the benefit of the Seller Depositor and shall be subject to withdrawal on order of the Seller from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller Depositor by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In the event the Seller Depositor does not provide written direction to the [Administrator] Trustee pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] ) of the definition of "Eligible Investments” Investment" set forth in Article I. (c) On I. At the Payment Date in [ ]end of the Pre-Funding Period, all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] and distributed to the Seller Depositor and the Capitalized Interest Account shall be terminated.]

Appears in 1 contract

Samples: Trust Agreement (Structured Ass Sec Cor a R Col Tr MRT Ps THR CRT Ser 01-Bc6)

The Capitalized Interest Account. (a) [The [Administrator] Securities Administrator shall establish and maintain in its name, as Securities Administrator, a trust account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be entitled “Capitalized Interest Account, [ ], as Securities Administrator, in trust for the benefit of the Holders of Bayview “TBW Mortgage Trust [ ] Mortgage Pass-Through Certificates, Series [ ].” The Capitalized Interest Account shall be an Eligible Account and if the account ceases to be an Eligible Account, the Securities Administrator shall establish a new Capitalized Interest Account that is also an Eligible Account within five Business Days and transfer all funds and investment property on deposit in the Capitalized Interest Account into such new Capitalized Interest Account. On the Closing Date, the Seller Depositor shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Distribution Date occurring during the Pre-Funding Period, the [Administrator] Securities Administrator shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Account for distribution to Certificateholders in accordance with this Article VI on such Payment Distribution Date. (b) . Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Securities Administrator in Eligible Investments at the written direction of the SellerDepositor. All investment income and other gain on such investments shall be for the benefit of the Seller Depositor and shall be subject to withdrawal on order of the Seller Depositor from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller Depositor by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In At the event the Seller does not provide written direction to the [Administrator] pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] end of the definition of “Eligible Investments” set forth in Article I. (c) On the Payment Date in [ ]Pre-Funding Period, all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] Securities Administrator and distributed to the Seller Depositor and the Capitalized Interest Account shall be terminated.]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (TBALT Corp.)

The Capitalized Interest Account. (a) The [Securities Administrator] , as Paying Agent, for the Trustee, shall establish and maintain a trust account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be entitled “Capitalized Interest an Eligible Account, to be held in trust for the benefit of Certificateholders, entitled "Capitalized Interest Account of HSBC Bank, USA, as Trustee, for the benefit of Sequoia Mortgage Trust 2003-1 Holders of Bayview Mortgage Pass-Through Certificates, Series [ ].” The Capitalized Interest Account shall be an Eligible Account. " On the Closing Date, the Seller Depositor shall deposit cause to be deposited in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Date occurring during the Pre-Funding Periodeach Distribution Date, the [Administrator] shall withdraw from funds in the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit such Distribution Date shall be withdrawn by the Securities Administrator from the Capitalized Interest Account and deposited into the Distribution Account for distribution to Certificateholders in accordance with this Article VI on such Payment Dateas required by Section 5.02(a). (b) Amounts During the Pre-Funding Period, amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] in Eligible Investments may, at the written direction of the Seller. Depositor, be invested in Permitted Investments, and in the absence of such instructions shall be invested in money market funds as described in paragraph (ix) of the definition of Permitted Investments in Article I. All investment income and other gain earnings on such investments Permitted Investments in the Capitalized Interest Account shall be for the benefit of the Seller and shall be subject to withdrawal on order Depositor. At the close of the Seller from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In the event the Seller does not provide written direction to the [Administrator] pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] of the definition of “Eligible Investments” set forth in Article I. (c) On the Payment Date in [ ]Pre-Funding period, all amounts, if any, on deposit remaining in the Capitalized Investment Account shall be released to the Depositor and the Securities Administrator shall terminate such Account. The Capitalized Interest Account shall not be withdrawn by the [Administrator] and distributed to the Seller and the Capitalized Interest Account shall be terminatedasset of any REMIC created under this Agreement.]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Sequoia Residential Funding Inc)

The Capitalized Interest Account. (a) The [Administrator] Trustee shall establish and maintain in its name, a trust account (the “Capitalized Interest Account”). The Capitalized Interest Account shall be ) entitled “Capitalized Interest Account, LaSalle Bank National Association, as Trustee, in trust for the benefit of the Holders of Bayview Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series [ ]2004-6.” The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Seller Depositor shall deposit in the Capitalized Interest Account the Original Capitalized Interest Amount. On the Business Day preceding any Payment Distribution Date occurring during the Pre-Funding Period, the [Administrator] Trustee shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement (based on a monthly report provided to the Trustee by the Securities Administrator no later than such Business Day) for deposit into the Distribution Certificate Account for distribution to Certificateholders in accordance with this Article VI V on such Payment Distribution Date. (b) . Amounts on deposit in the Capitalized Interest Account may be invested by the [Administrator] Trustee in Eligible Investments at the written direction of the SellerDepositor. All investment income and other gain on such investments shall be for the benefit of the Seller Depositor and shall be subject to withdrawal on order of the Seller Depositor from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller Depositor by a deposit into the Capitalized Interest Account of its own funds, immediately as realized. In the event the Seller Depositor does not provide written direction to the [Administrator] Trustee pursuant to this Section, all funds on deposit in the Capitalized Interest Account shall be invested in a money market or common trust fund as described in paragraph [(viii)] ) of the definition of “Eligible Investments” set forth in Article I. (c) On I. At the Payment Date in [ ]end of the Pre-Funding Period, all amounts, if any, on deposit in the Capitalized Interest Account shall be withdrawn by the [Administrator] Trustee and distributed to the Seller Depositor and the Capitalized Interest Account shall be terminated.]

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Investment Loan Trust 2004-6)

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