Common use of The Certificate Account Clause in Contracts

The Certificate Account. (a) The Administrator, for the benefit of the Certificateholders, shall establish and maintain in the name of the Owner Trustee on behalf of the Certificateholders an account (the “Certificate Account”) entitled “Certificate Account, Wilmington Trust Company, as Owner Trustee, in trust for the holders of Xxxxxx ABS Corporation Home Equity Loan Trust 2005-1, Residual Certificates.” (b) On each Payment Date, the Indenture Trustee shall withdraw from the Distribution Account all amounts required to be deposited in the Certificate Account pursuant to Section 5.03 and remit such amount to the Owner Trustee or the Administrator for deposit into the Certificate Account. On each Payment Date, the Owner Trustee or the Administrator shall distribute all amounts on deposit in the Certificate Account to the Certificateholders in respect of the Residual Certificates as provided in the Trust Agreement. On the Payment Date on which the Note Principal Amount is reduced to zero, the Administrator shall distribute all amounts remaining on deposit in the Certificate Account to the Certificateholders in respect of the Residual Certificates in order to clear and terminate the Certificate Account in connection with the termination of this Agreement. (c) All distributions made on the Residual Certificates shall be made by wire transfer of immediately available funds to the account of such Certificateholders. The final distribution on the Residual Certificates will be made in like manner, but only upon presentment and surrender of such Residual Certificates at the location specified in the notice to the Certificateholders of such final distribution. (d) The Indenture Trustee may invest, or cause to be invested, funds held in the Certificate Account in Eligible Investments (which may be obligations of the Indenture Trustee). All 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. The amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee for deposit in the Certificate Account out of its own funds, without any right of reimbursement therefore, immediately as realized. All income and gain realized from any such investment shall be compensation to the Indenture Trustee and shall be subject to its withdrawal on order from time to time.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Lehman ABS Corp. Home Equity Loan Trust 2005-1)

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The Certificate Account. (a) The AdministratorIndenture Trustee, for the benefit of the Certificateholders, shall establish and maintain in the name of the Owner Trustee on behalf of the Certificateholders an account (the "Certificate Account") entitled "Certificate Account, Wilmington Trust Company[_____________], as Owner Trustee, in trust for the holders of Xxxxxx ABS Corporation Home Equity Loan Trust 2005-1, [_____________] Residual Certificates." (b) On each Payment Date, the Indenture Trustee shall withdraw from the Distribution Payment Account all amounts required to be deposited in the Certificate Account pursuant to Section 5.03 Sections 5.03(X)(iii) and (vi) and remit such amount to the Owner Trustee or the Administrator for deposit into the Certificate Account. On each Payment Date, the Owner Indenture Trustee or the Administrator shall distribute all amounts on deposit in the Certificate Account to the Certificateholders in respect of the Residual Certificates as provided in the Trust Agreement. On the Payment Date on which the Note Principal Amount Balance is reduced to zero, the Administrator Indenture Trustee shall distribute all amounts remaining on deposit in the Certificate Account to the Certificateholders in respect of the Residual Certificates in order to clear and terminate the Certificate Account in connection with the termination of this Agreement. (c) All distributions made on the Residual Certificates shall be made by wire transfer of immediately available funds to the account of such Certificateholders. The final distribution on the Residual Certificates will be made in like manner, but only upon presentment and surrender of such Residual Certificates at the location specified in the notice to the Certificateholders of such final distribution. (d) The Indenture Trustee may (but is under no obligation to) invest, or cause to be invested, funds held in the Certificate Account in Eligible Investments (which may be obligations of the Indenture Trustee). All 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. The amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee for deposit in the Certificate Account out of its own funds, without any right of reimbursement therefore, immediately as realized. All income and gain realized from any such investment shall be compensation to the Indenture Trustee and shall be subject to its withdrawal on order from time to time.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Financial Asset Securities Corp)

The Certificate Account. (a) The Administrator, for the benefit of the Certificateholders, shall establish and maintain in the name of the Owner Trustee on behalf of the Certificateholders an account (the “Certificate Account”) entitled “Certificate Account, Wilmington Trust Company, as Owner Trustee, in trust for the holders of Xxxxxx ABS Corporation Home Equity Loan GreenPoint Mortgage Funding Trust 20052006-1HE1, Residual Certificates.” (ba) On each Payment Date, the Indenture Trustee shall withdraw from the Distribution Payment Account all amounts required to be deposited in the Certificate Account pursuant to Section 5.03 and remit such amount to the Owner Trustee or the Administrator for deposit into the Certificate Account. On each Payment Date, the Owner Trustee or the Administrator shall distribute all amounts on deposit in the Certificate Account to the Certificateholders in respect of the Residual Certificates as provided in the Trust Agreement. On the Payment Date on which the Note Principal Amount is reduced to zero, the Administrator shall distribute all amounts remaining on deposit in the Certificate Account to the Certificateholders in respect of the Residual Certificates in order to clear and terminate the Certificate Account in connection with the termination of this Agreement. (cb) All distributions made on the Residual Certificates shall be made by wire transfer of immediately available funds to the account of such Certificateholders. The final distribution on the Residual Certificates will be made in like manner, but only upon presentment and surrender of such Residual Certificates at the location specified in the notice to the Certificateholders of such final distribution. (dc) The Indenture Trustee may shall invest, or cause to be invested, funds held in the Certificate Payment Account in Eligible Investments (which may be obligations of the Indenture Trustee)) in accordance with the written instructions of the holders of the Class L Certificate. Absent its receipt of any such written instructions, the Indenture Trustee shall invest or cause to be invested such funds in the “First American Treasury Obligations Reserve Class”. All 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. The amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee for deposit in the Certificate Account out of its own funds, without any right of reimbursement therefore, immediately as realized. All income and gain realized from any such investment shall be compensation to the Indenture Trustee and shall be subject to its withdrawal on order from time to time.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Greenpoint Mortgage Funding Trust 2006-He1)

The Certificate Account. (a) The AdministratorIndenture Trustee, for the benefit of the Certificateholders, shall establish and maintain in the name of the Owner Trustee on behalf of the Certificateholders an account (the “Certificate Account”) entitled “Certificate Account, Wilmington Trust Company, as Owner Trustee, in trust for the holders of Xxxxxx ABS Corporation Home Equity Loan GreenPoint Mortgage Funding Trust 2005-1HE4, Residual Certificates.” (b) On each Payment Date, the Indenture Trustee shall withdraw from the Distribution Payment Account all amounts required to be deposited in the Certificate Account pursuant to Section 5.03 Sections 5.03(X)(iii) and (vi) and remit such amount to the Owner Trustee or the Administrator for deposit into the Certificate Account. On each Payment Date, the Owner Indenture Trustee or the Administrator shall distribute all amounts on deposit in the Certificate Account to the Certificateholders in respect of the Residual Certificates as provided in the Trust Agreement. On the Payment Date on which the Note Principal Amount Balance is reduced to zero, the Administrator Indenture Trustee shall distribute all amounts remaining on deposit in the Certificate Account to the Certificateholders in respect of the Residual Certificates in order to clear and terminate the Certificate Account in connection with the termination of this Agreement. (c) All distributions made on the Residual Certificates shall be made by wire transfer of immediately available funds to the account of such Certificateholders. The final distribution on the Residual Certificates will be made in like manner, but only upon presentment and surrender of such Residual Certificates at the location specified in the notice to the Certificateholders of such final distribution. (d) The Indenture Trustee may (but is under no obligation to) invest, or cause to be invested, funds held in the Certificate Account in Eligible Investments (which may be obligations of the Indenture Trustee). All 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. The amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee for deposit in the Certificate Account out of its own funds, without any right of reimbursement therefore, immediately as realized. All income and gain realized from any such investment shall be compensation to the Indenture Trustee and shall be subject to its withdrawal on order from time to time.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Greenpoint Mortgage Funding Trust 2005-He4)

The Certificate Account. (a) The AdministratorIndenture Trustee, for the benefit of the Certificateholders, shall establish and maintain in the name of the Owner Trustee on behalf of the Certificateholders an account (the “Certificate Account”"CERTIFICATE ACCOUNT") entitled "Certificate Account, Wilmington Trust Company, as Owner Trustee, in trust for the holders of Xxxxxx ABS Corporation Home Equity Loan GreenPoint Mortgage Funding Trust 2005-1HE1, Residual Certificates." (b) On each Payment Date, the Indenture Trustee shall withdraw from the Distribution Payment Account all amounts required to be deposited in the Certificate Account pursuant to Section 5.03 Sections 5.03(IV)(iv) and (vi) and remit such amount to the Owner Trustee or the Administrator for deposit into the Certificate Account. On each Payment Date, the Owner Indenture Trustee or the Administrator shall distribute all amounts on deposit in the Certificate Account to the Certificateholders in respect of the Residual Certificates as provided in the Trust Agreement. On the Payment Date on which the Note Principal Amount Balance is reduced to zero, the Administrator Indenture Trustee shall distribute all amounts remaining on deposit in the Certificate Account to the Certificateholders in respect of the Residual Certificates in order to clear and terminate the Certificate Account in connection with the termination of this Agreement. (c) All distributions made on the Residual Certificates shall be made by wire transfer of immediately available funds to the account of such Certificateholders. The final distribution on the Residual Certificates will be made in like manner, but only upon presentment and surrender of such Residual Certificates at the location specified in the notice to the Certificateholders of such final distribution. (d) The Indenture Trustee may (but is under no obligation to) invest, or cause to be invested, funds held in the Certificate Account in Eligible Investments (which may be obligations of the Indenture Trustee). All 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. The amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee for deposit in the Certificate Account out of its own funds, without any right of reimbursement therefore, immediately as realized. All income and gain realized from any such investment shall be compensation to the Indenture Trustee and shall be subject to its withdrawal on order from time to time.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Greenpoint Mortgage Funding Trust 2005-He1)

The Certificate Account. (a) The Administrator, for the benefit of the Certificateholders, shall establish and maintain in the name of the Owner Trustee on behalf of the Certificateholders an account (the "Certificate Account") entitled "Certificate Account, Wilmington Trust Company, as Owner Trustee, in trust for the holders of Xxxxxx ABS Corporation Home Equity Loan GreenPoint Mortgage Funding Trust 2005-1HE3, Residual Certificates." (b) On each Payment Date, the Indenture Trustee shall withdraw from the Distribution Account all amounts required to be deposited in the Certificate Account pursuant to Section 5.03 and remit such amount to the Owner Trustee or the Administrator for deposit into the Certificate Account. On each Payment Date, the Owner Trustee or the Administrator shall distribute all amounts on deposit in the Certificate Account to the Certificateholders in respect of the Residual Certificates as provided in the Trust Agreement. On the Payment Date on which the Note Principal Amount is reduced to zero, the Administrator shall distribute all amounts remaining on deposit in the Certificate Account to the Certificateholders in respect of the Residual Certificates in order to clear and terminate the Certificate Account in connection with the termination of this Agreement. (c) All distributions made on the Residual Certificates shall be made by wire transfer of immediately available funds to the account of such Certificateholders. The final distribution on the Residual Certificates will be made in like manner, but only upon presentment and surrender of such Residual Certificates at the location specified in the notice to the Certificateholders of such final distribution. (d) The Indenture Trustee may invest, or cause to be invested, funds held in the Certificate Account in Eligible Investments (which may be obligations of the Indenture Trustee). All 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. The amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee for deposit in the Certificate Account out of its own funds, without any right of reimbursement therefore, immediately as realized. All income and gain realized from any such investment shall be compensation to the Indenture Trustee and shall be subject to its withdrawal on order from time to time.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Greenpoint Mortgage Funding Trust 2005-He3)

The Certificate Account. (a) The Trust Administrator, for the benefit of the Certificateholders, shall establish and maintain in the name of the Owner Trustee on behalf of the Certificateholders an account (the “Certificate Account”) entitled “Certificate Account, Wilmington Trust Company, as Owner Trustee, in trust for the holders Holders of Xxxxxx ABS Corporation Home Equity Loan New York Mortgage Trust 2005-1 Trust Certificates, Series 2005-1, Residual Certificates.” (b) On each Payment Date, the Indenture Trustee Trust Administrator shall withdraw from the Distribution Note Account all amounts required to be deposited in the Certificate Account pursuant to Section 5.03 5.06 and remit such amount to the Owner Trustee or the Trust Administrator for deposit into the Certificate Account. On each Payment Date, the Owner Trustee or the Trust Administrator shall distribute all amounts on deposit in the Certificate Account in the following order of priority: first, to the Owner Trustee, any amounts due but not yet paid pursuant to Article VII of the Trust Agreement, and second, to the Certificateholders in respect of the Residual Certificates as provided in the Trust AgreementCertificate. On the Payment Date on which the Note Class Principal Amount of the Notes is reduced to zero, the Trust Administrator shall distribute all amounts remaining on deposit in the Certificate Account to the Certificateholders in respect of the Residual Certificates Trust Certificate in order to clear and terminate the Certificate Account in connection with the termination of this Agreement. (c) All distributions made on the Residual Certificates Trust Certificate shall be made by wire transfer of immediately available funds to the account of such CertificateholdersCertificateholder. The final distribution on the Residual Certificates Trust Certificate will be made in like manner, but only upon presentment and surrender of such Residual Certificates Trust Certificate at the location specified in the notice to the Certificateholders Certificateholder of such final distribution. (d) The Indenture Trustee may invest, or cause to be invested, funds held in the Certificate Account in Eligible Investments (which may be obligations of the Indenture Trustee). All 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. The amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee for deposit in the Certificate Account out of its own funds, without any right of reimbursement therefore, immediately as realized. All income and gain realized from any such investment shall be compensation to the Indenture Trustee and shall be subject to its withdrawal on order from time to time.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Greenwich Capital Acceptance, Inc New York Mortgage Trust 2005-1)

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The Certificate Account. (a) The Administrator, for the benefit of the CertificateholdersCertificateholder, shall establish and maintain in the name of the Owner Trustee on behalf of the Certificateholders Certificateholder an account (the “Certificate Account”) entitled “Certificate Account, Wilmington Trust Company[_____________], as Owner Trustee, in trust for the holders holder of Xxxxxx ABS Corporation Home Equity SASCO Mortgage Loan Trust 2005-120[__]-[__] Residual Certificate, Residual CertificatesSeries 20[__]-[__].” The Certificate Account shall be an Eligible Account. If an existing Certificate Account ceases to be an Eligible Account, the Administrator shall establish a new Certificate Account that is an Eligible Account within 10 days and transfer all funds and investment property on deposit in such existing Certificate Account into such new Certificate Account. (b) On each Payment Date, the Indenture Trustee shall withdraw from the Distribution Note Account all amounts required to be deposited in the Certificate Account pursuant to Section 5.03 and remit such amount to the Owner Trustee or the Administrator for deposit into the Certificate Account. On each Payment Date, the Owner Trustee or the Administrator shall distribute all amounts on deposit in the Certificate Account to the Certificateholders Certificateholder in respect of the Residual Certificates as provided in the Trust AgreementCertificate. On the Payment Date on which the Note Class Principal Amount of the Notes is reduced to zero, the Administrator shall distribute all amounts remaining on deposit in the Certificate Account to the Certificateholders Certificateholder in respect of the Residual Certificates Certificate in order to clear and terminate the Certificate Account in connection with the termination of this Agreement. (c) All distributions made on the Residual Certificates Certificate shall be made by wire transfer of immediately available funds to the account of such CertificateholdersCertificateholder. The final distribution on the Residual Certificates Certificate will be made in like manner, but only upon presentment and surrender of such Residual Certificates Certificate at the location specified in the notice to the Certificateholders Certificateholder of such final distribution. (d) The Indenture Trustee may invest, or cause to be invested, funds held in the Certificate Account in Eligible Investments (which may be obligations of the Indenture Trustee). All 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. The amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee for deposit in the Certificate Account out of its own funds, without any right of reimbursement therefore, immediately as realized. All income and gain realized from any such investment shall be compensation to the Indenture Trustee and shall be subject to its withdrawal on order from time to time.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Structured Asset Securities Corp)

The Certificate Account. (a) The Administrator, for the benefit of the Certificateholders, shall establish and maintain in the name of the Owner Trustee on behalf of the Certificateholders an account (the “Certificate Account”) entitled “Certificate Account, Wilmington Trust Company[ ], as Owner Trustee, in trust for the holders of Xxxxxx ABS Corporation [ ] Home Equity Loan Trust 2005-1[ ], Residual Certificates.” (b) On each Payment Date, the Indenture Trustee shall withdraw from the Distribution Payment Account all amounts required to be deposited in the Certificate Account pursuant to Section 5.03 and remit such amount to the Owner Trustee or the Administrator for deposit into the Certificate Account. On each Payment Date, the Owner Trustee or the Administrator shall distribute all amounts on deposit in the Certificate Account to the Certificateholders in respect of the Residual Certificates as provided in the Trust Agreement. On the Payment Date on which the Note Principal Amount is reduced to zero, the Administrator shall distribute all amounts remaining on deposit in the Certificate Account to the Certificateholders in respect of the Residual Certificates in order to clear and terminate the Certificate Account in connection with the termination of this Agreement. (c) All distributions made on the Residual Certificates shall be made by wire transfer of immediately available funds to the account of such Certificateholders. The final distribution on the Residual Certificates will be made in like manner, but only upon presentment and surrender of such Residual Certificates at the location specified in the notice to the Certificateholders of such final distribution. (d) The Indenture Trustee may shall invest, or cause to be invested, funds held in the Certificate Payment Account in Eligible Investments (which may be obligations of the Indenture Trustee)) in accordance with the written instructions of the holders of the Class [ ] Certificate. Absent its receipt of any such written instructions, the Indenture Trustee shall invest or cause to be invested such funds in the “First American Treasury Obligations Reserve Class”. All 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. The amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee for deposit in the Certificate Account out of its own funds, without any right of reimbursement therefore, immediately as realized. All income and gain realized from any such investment shall be compensation to the Indenture Trustee and shall be subject to its withdrawal on order from time to time.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bond Securitization LLC)

The Certificate Account. (a) The Administrator, for the benefit of the Certificateholders, Trustee shall establish and maintain in the name of the Owner Trustee on behalf of the Certificateholders an its name, as trustee, a trust account (the “Certificate Account”) entitled “Certificate Account, Wilmington Trust CompanyU.S. Bank National Association, as Owner Trustee, in trust for the holders benefit of the Holders of Xxxxxx ABS Corporation Home Equity Loan XS Trust 2005Mortgage Pass-1Through Certificates, Residual CertificatesSeries 2007-7N” until disbursed pursuant to the terms of this Agreement. The Certificate Account shall be an Eligible Account and shall be for the benefit of the Certificateholders and the Certificate Insurer. If the existing Certificate Account ceases to be an Eligible Account, the Trustee shall establish a new Certificate Account that is an Eligible Account within 20 Business Days and transfer all funds and investment property on deposit in such existing Certificate Account into such new Certificate Account. The Certificate Account shall relate solely to the Certificates issued hereunder and funds in the Certificate Account shall be held separate and apart from and shall not be commingled with any other monies including, without limitation, other monies of the Trustee held under this Agreement. The Trustee shall give to the Depositor, Master Servicer and any NIMS Insurer prior written notice of the name and address of the depository institution at which the Certificate Account is maintained and the account number of such Certificate Account. (b) On each Payment DateThe Trustee shall deposit or cause to be deposited into the Certificate Account, on the day on which, or, if such day is not a Business Day, the Indenture Business Day immediately following the day on which, any monies are remitted by the Master Servicer to the Trustee, all such amounts. The Trustee shall withdraw make withdrawals from the Distribution Certificate Account all only for the following purposes: (i) to pay itself any investment income earned with respect to funds in the Certificate Account invested in Eligible Investments as set forth in subsection (c) below, and to make payments to itself and others prior to making distributions pursuant to Section 5.02 for any expenses or other indemnification owing to itself and others pursuant to any provision of this Agreement or any Custodial Agreement; provided that such payments are for “unanticipated expenses” within the meaning of Treasury Regulation Section 1.860G-1(b)(3)(ii); (ii) to make payment to itself pursuant to any provision of this Agreement, or to reimburse itself or its agents for any amounts required reimbursable to be it pursuant to Sections 6.11, 6.12 or 7.01; provided that such payments are for “unanticipated expenses” within the meaning of Treasury Regulation Section 1.860G-1(b)(3)(ii); (iii) to withdraw amounts deposited in the Certificate Account in error; (iv) to make payments to itself and others pursuant to Section 5.03 any provision of this Agreement; (v) to make distributions to Certificateholders and remit such amount to the Owner Trustee or the Administrator for deposit into the Certificate Account. On each Payment Date, the Owner Trustee or the Administrator shall distribute all amounts on deposit in the Certificate Account Insurer pursuant to the Certificateholders in respect of the Residual Certificates as provided in the Trust Agreement. On the Payment Date on which the Note Principal Amount is reduced to zero, the Administrator shall distribute all amounts remaining on deposit in the Certificate Account to the Certificateholders in respect of the Residual Certificates in order Article V; and (vi) to clear and terminate the Certificate Account pursuant to Section 7.02. Any withdrawals described in connection with the termination of this Agreementpreceding sentence shall be allocated and limited to collections or other recoveries on the related Mortgage Pool and shall be accounted for in such manner. (c) All distributions made on the Residual Certificates shall be made by wire transfer of immediately available funds to the account of such Certificateholders. The final distribution on the Residual Certificates will be made in like manner, but only upon presentment and surrender of such Residual Certificates at the location specified in the notice to the Certificateholders of such final distribution. (d) The Indenture Trustee may invest, or cause to be invested, funds held in the Certificate Account Account, which funds, if invested, shall be invested in Eligible Investments (which may be obligations of the Indenture Trustee). All such investments must be payable on demand or mature no later than one Business Day prior to the next Payment Distribution 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 gain realized from any such investment shall be compensation to the Trustee and shall be subject to its withdrawal on order from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee for deposit in the Certificate Account out of its own funds, without any right of reimbursement thereforetherefor, immediately as realized. All income and gain realized from Except as otherwise expressly provided in this Agreement, if any such investment shall be compensation to default occurs in the Indenture making of a payment due under any Eligible Investment, or if a default occurs in any other performance required under any Eligible Investment, the Trustee and shall be may and, subject to its withdrawal on order from time Section 6.01 and Section 6.02(iv), upon the request of the NIMS Insurer, shall take such action as may be appropriate to timeenforce such payment or performance, including the institution and prosecution of appropriate proceedings.

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust Series 2007-7n)

The Certificate Account. (a) The Trust Administrator, for the benefit of the Certificateholders, shall establish and maintain in the name of the Owner Trustee on behalf of the Certificateholders an account (the “Certificate Account”) entitled “Certificate Account, Wilmington Trust Company, as Owner Trustee, in trust for the holders Holders of Xxxxxx ABS Corporation Home Equity Loan New York Mortgage Trust 2005-12 Trust Certificates, Residual CertificatesSeries 2005-2.” (b) On each Payment Date, the Indenture Trustee Trust Administrator shall withdraw from the Distribution Note Account all amounts required to be deposited in the Certificate Account pursuant to Section 5.03 5.06 and remit such amount to the Owner Trustee or the Trust Administrator for deposit into the Certificate Account. On each Payment Date, the Owner Trustee or the Trust Administrator shall distribute all amounts on deposit in the Certificate Account in the following order of priority: first, to the Owner Trustee, any amounts due but not yet paid pursuant to Article VII of the Trust Agreement, and second, to the Certificateholders in respect of the Residual Certificates as provided in the Trust AgreementCertificate. On the Payment Date on which the Note Class Principal Amount of the Notes is reduced to zero, the Trust Administrator shall distribute all amounts remaining on deposit in the Certificate Account to the Certificateholders in respect of the Residual Certificates Trust Certificate in order to clear and terminate the Certificate Account in connection with the termination of this Agreement. (c) All distributions made on the Residual Certificates Trust Certificate shall be made by wire transfer of immediately available funds to the account of such CertificateholdersCertificateholder. The final distribution on the Residual Certificates Trust Certificate will be made in like manner, but only upon presentment and surrender of such Residual Certificates Trust Certificate at the location specified in the notice to the Certificateholders Certificateholder of such final distribution. (d) The Indenture Trustee may invest, or cause to be invested, funds held in the Certificate Account in Eligible Investments (which may be obligations of the Indenture Trustee). All 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. The amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee for deposit in the Certificate Account out of its own funds, without any right of reimbursement therefore, immediately as realized. All income and gain realized from any such investment shall be compensation to the Indenture Trustee and shall be subject to its withdrawal on order from time to time.

Appears in 1 contract

Samples: Sale and Servicing Agreement (New York Mortgage Trust 2005-2)

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