The Distribution Account. (a) The Indenture Trustee shall establish and maintain in the name of the Securities Intermediary an account (the “Distribution Account”) entitled “Distribution Account, [_________], as Indenture Trustee, in trust for the benefit of the Holders of Structured Asset Securities Corporation Home Equity Loan Trust 20[__]-[__] Home Equity Loan Asset-Backed Notes, Series 20[__]-[__].” The Distribution Account shall be an Eligible Account. If the existing Distribution Account ceases to be an Eligible Account, the Indenture Trustee shall establish a new Distribution Account that is an Eligible Account within 10 Business Days and transfer all funds and investment property on deposit in such existing Distribution Account into such new Distribution Account. The Distribution Account shall relate solely to the Notes issued hereunder and funds in the Distribution Account shall be held separate and apart from and shall not be commingled with any other monies including, without limitation, other monies of the Indenture Trustee held under this Agreement. (b) The Indenture Trustee shall deposit or cause to be deposited into the Distribution Account on the Business Day immediately following the day on which the Total Distribution Amount is remitted by the Master Servicer to the Indenture Trustee, all such amounts. The Indenture Trustee shall make withdrawals from the Distribution Account only for the following purposes: (i) to make payment to itself of the Indenture Trustee Fee for such Payment Date and to reimburse itself for any expense reimbursable to it pursuant to Section 6.01; (ii) to make payment to the Owner Trustee, the Owner Trustee Fee for such Payment Date, if any; (iii) to withdraw amounts deposited in the Distribution Account in error; (iv) to make distributions pursuant to this Article V and the terms of the Indenture; (v) Prior to the last day of the Collection Period preceding the month in which the commencement of the Rapid Amortization Period occurs, to pay to the related Servicer the amount of any Additional Balances relating to Mortgage Loans serviced by it as and when created during the related Collection Period; provided, that the aggregate amount so paid to the related Servicer in respect of Additional Balances at any time during any Collection Period shall not exceed the portion of Principal Collections theretofore received for such Collection Period; and (vi) to clear and terminate the Distribution Account pursuant to Article VIII. (c) Any amounts drawn under the Policy pursuant to Section 5.04(f) of this Agreement, but only to be used for the payment of the items specified in Sections 5.04(b)(iv) and (vi) of this Agreement, as applicable, will be deposited into the Distribution Account. The Indenture Trustee may invest, or cause to be invested, funds held in the Distribution 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 Distribution Account out of its own funds, without any right of reimbursement therefor, 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 2 contracts
Samples: Transfer and Servicing Agreement (Structured Asset Securities Corp), Transfer and Servicing Agreement (Structured Asset Securities Corp)
The Distribution Account. (a) The Indenture On or prior to the Closing Date, the Trustee shall establish and maintain in the name of the Securities Intermediary an account (the “Distribution Account”) entitled “Distribution Account, which shall be entitled “BellaVista [_________Finance] [Funding] Corporation Distribution Account under the Pooling and Servicing Agreement, dated as of , , among BellaVista [Finance] [Funding] Corporation, as Depositor, [Name of Master Servicer], as Indenture the Master Servicer, [Name of Trustee], as the Trustee, in trust and [Name of Delaware Trustee], as the Delaware Trustee, for the benefit of BellaVista Mortgage Pass-Through Certificates Series - Trust created pursuant thereto”. Promptly after the Closing Date, the Trustee shall communicate to the Master Servicer the account number and wiring instructions for the Distribution Account. Not later than the Business Day prior to the related Distribution Date, the Master Servicer shall direct the Investment Depository to deposit into the Distribution Account the amounts previously deposited into the Investment Account (which may include a deposit of Eligible Investments) to which the Holders of Structured Asset Securities Corporation Home Equity Loan Trust 20[__]-[__] Home Equity Loan Asset-Backed Notesthe Certificates are entitled or which are necessary for payment of any Special Primary Insurance Premiums. In addition, Series 20[__]-[__].” The not later than the Business Day prior to the Distribution Account shall be an Eligible Account. If the existing Distribution Account ceases to be an Eligible AccountDate, the Indenture Trustee Master Servicer shall establish a new Distribution Account that is an Eligible Account within 10 Business Days and transfer all funds and investment property on deposit in such existing Distribution Account into such new Distribution Account. The Distribution Account shall relate solely to the Notes issued hereunder and funds in the Distribution Account shall any Monthly P&I Advances or other payments required to be held separate made by the Master Servicer pursuant to Section 4.02 of this Agreement and apart from any Insurance Proceeds or Liquidation Proceeds (including amounts paid by the Company in respect of any Purchase Obligation) not previously deposited in the Custodial Accounts for P&I or the Investment Account, and shall not be commingled any amounts paid by the Master Servicer in connection with the exercise of its option to terminate this Agreement pursuant to Section 9.01 or any other monies including, without limitation, other monies purchase of the Indenture Trustee held under Mortgage Loans permitted by this Agreement.
(b) The Indenture Trustee shall deposit or cause to be deposited into the Distribution Account on the Business Day immediately following the day on which the Total Distribution Amount is remitted by the Master Servicer to the Indenture Trustee, all such amounts. The Indenture Trustee shall make withdrawals from the Distribution Account only for the following purposes:
(i) to make payment to itself of the Indenture Trustee Fee for such Payment Date and to reimburse itself for any expense reimbursable to it pursuant to Section 6.01;
(ii) to make payment to the Owner Trustee, the Owner Trustee Fee for such Payment Date, if any;
(iii) to withdraw amounts deposited Funds held in the Distribution Account in error;
(iv) to make distributions pursuant to this Article V and shall be invested at the terms written direction of the Indenture;
Master Servicer in (vi) Prior to one or more Eligible Investments which shall in no event mature later than the last day of the Collection Period preceding the month in which the commencement of the Rapid Amortization Period occurs, to pay Business Day prior to the related Distribution Date (except if such Eligible Investments are obligations of the Trustee, such Eligible Investments may mature on the Distribution Date), or (ii) such other instruments as shall be required to maintain the Ratings. The Master Servicer shall be entitled to receive any gains earned on such Eligible Investments and shall bear any losses suffered in connection therewith. If the amount of any Additional Balances relating to Mortgage Loans serviced by it as and when created during Trustee has not received such written investment directions from the related Collection Period; providedMaster Servicer, that the aggregate amount so paid to the related Servicer in respect of Additional Balances at any time during any Collection Period Trustee shall not exceed the portion of Principal Collections theretofore received for such Collection Period; and
(vi) to clear and terminate the Distribution Account pursuant to Article VIII.
(c) Any amounts drawn under the Policy pursuant to Section 5.04(f) of this Agreement, but only to be used for the payment of the items specified invest funds held in Sections 5.04(b)(iv) and (vi) of this Agreement, as applicable, will be deposited into the Distribution Account. The Indenture Trustee may invest, or cause to be invested, shall have no liability for any losses on investments of funds held in the Distribution Account Account. In the event the Trustee makes such investments, the parties acknowledge that the Trustee or its affiliates may receive additional compensation (not payable pursuant to this Agreement) that could be deemed to be in the Trustee’s economic self-interest for (i) serving as investment adviser, administrator, shareholder, servicing agent, custodian or sub-custodian with respect to certain of the Eligible Investments, (ii) using affiliates to effect transactions in certain Eligible Investments and (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 iii) effecting transactions in certain 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 Distribution Account out of its own funds, without any right of reimbursement therefor, 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 timeInvestments.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (BellaVista Finance CORP)
The Distribution Account. (a) The Indenture Trustee shall establish and maintain in the name of the Securities Intermediary an account (the “"Distribution Account”") entitled “"Distribution Account, [_________]LaSalle Bank National Association, as Indenture Trustee, in trust for the benefit of the Holders of Structured Asset Securities Corporation Home Equity Loan GreenPoint Mortgage Funding Trust 20[__]-[__] Home Equity Loan 2005-HE3 Asset-Backed Notes, Series 20[__]-[__]2005-HE3.” " The Distribution Account shall be an Eligible Account. If the existing Distribution Account ceases to be an Eligible Account, the Indenture Trustee shall establish a new Distribution Account that is an Eligible Account within 10 Business Days and transfer all funds and investment property on deposit in such existing Distribution Account into such new Distribution Account. The Distribution Account shall relate solely to the Notes issued hereunder under the Indenture and funds in the Distribution Account shall be held separate and apart from and shall not be commingled with any other monies including, without limitation, other monies of the Indenture Trustee held under this Agreement.
(b) The Indenture Trustee shall deposit or cause to be deposited into the Distribution Account on the Business Day immediately following the day on which the Total Distribution Amount is remitted by the Master Servicer to the Indenture Trustee, all such amounts. The Indenture Trustee shall make withdrawals from the Distribution Account only for the following purposes:
(i) to make payment pay such amounts required to itself of the Indenture Trustee Fee for such Payment Date and to reimburse itself for any expense reimbursable to it paid pursuant to Section 6.015.03 of this Agreement;
(ii) to make payment to the Owner Trustee, the Owner Trustee Fee for such Payment Date, if any;
(iii) to withdraw amounts deposited in the Distribution Account in error;
(iv) to make distributions pursuant to this Article V and the terms of the Indenture;
(v) Prior to the last day of the Collection Period preceding the month in which the commencement of the Rapid Amortization Period occurs, to pay to the related Servicer the amount of any Additional Balances relating to Mortgage Loans serviced by it as and when created during the related Collection Period; provided, that the aggregate amount so paid to the related Servicer in respect of Additional Balances at any time during any Collection Period shall not exceed the portion of Principal Collections theretofore received for such Collection Period; and
(viiii) to clear and terminate the Distribution Account pursuant to Article VIII.
(cb) Any amounts drawn under the Policy pursuant to Section 5.04(f) of this Agreement, but only to be used for the payment of the items specified in Sections 5.04(b)(iv) and (vi) of this Agreement, as applicable, will be deposited into the Distribution Account. The Indenture Trustee may invest, or cause to be invested, funds held in the Distribution 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 Distribution Account out of its own funds, without any right of reimbursement therefor, 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 Distribution Account. (ai) The Indenture Trustee Securities Administrator, as Paying Agent for the Trustee, shall establish and maintain in the name of the Securities Intermediary an account (the “Distribution Account”) Eligible Account entitled “Distribution Account, [_________]Account of U.S. Bank National Association, as Indenture Trustee, Trustee for the benefit of Sequoia Mortgage Trust 2011-2 Holders of Mortgage Pass-Through Certificates.” The Securities Administrator shall hold the Distribution Account and all money and other property therein in trust for the benefit of the Holders of Structured Asset Securities Corporation Home Equity Loan Trust 20[__]-[__] Home Equity Loan Asset-Backed Notes, Series 20[__]-[__].” The Distribution Account shall be an Eligible Account. If the existing Distribution Account ceases to be an Eligible Account, the Indenture Trustee shall establish a new Distribution Account that is an Eligible Account within 10 Business Days and transfer all funds and investment property on deposit in such existing Distribution Account into such new Distribution AccountCertificateholders. The Distribution Account shall relate solely to Securities Administrator shall, promptly upon receipt from the Notes issued hereunder and funds in the Distribution Account shall be held separate and apart from and shall not be commingled with any other monies includingMaster Servicer on each Master Servicer Remittance Date, without limitation, other monies of the Indenture Trustee held under this Agreement.
(b) The Indenture Trustee shall deposit or cause to be deposited into the Distribution Account and retain on deposit therein until the Business Day immediately following the day on which the Total related Distribution Amount is remitted by Date all amounts received from the Master Servicer and any other amounts so required to the Indenture Trustee, all such amounts. The Indenture Trustee shall make withdrawals from the Distribution Account only for the following purposes:
(i) to make payment to itself of the Indenture Trustee Fee for such Payment Date and to reimburse itself for any expense reimbursable to it pursuant to Section 6.01;
(ii) to make payment to the Owner Trustee, the Owner Trustee Fee for such Payment Date, if any;
(iii) to withdraw amounts be deposited in the Distribution Account in the related Due Period pursuant to this Agreement.
(ii) In the event the Master Servicer has remitted to the Securities Administrator for deposit into the Distribution Account in error any amount not required to be remitted in accordance with the definition of Available Distribution Amount, it may at any time direct the Securities Administrator to withdraw such amount from the Distribution Account for repayment to the Master Servicer by delivery of an Officer’s Certificate to the Securities Administrator and the Trustee which describes the amount deposited in error;.
(iii) On each Distribution Date and the final Distribution Date of the Certificates in accordance with Section 7.01, the Securities Administrator, as Paying Agent, shall distribute from amounts on deposit in the Distribution Account the Available Distribution Amount to the Certificateholders and any other parties entitled thereto in the amounts and priorities set forth in Section 5.02.
(iv) The Securities Administrator may from time to make distributions time, before making any distributions, withdraw from the Distribution Account and pay to itself, the Master Servicer, the Trustee, the Custodian or the Servicers any amounts permitted to be paid or reimbursed to such Person from funds in the Distribution Account pursuant to this Article V and Agreement which amounts shall result in the terms reduction of the Indenture;Available Distribution Amount as provided in the definition thereof in Article I.
(v) Prior to the last day of the Collection Period preceding the month in which the commencement of the Rapid Amortization Period occurs, to pay to the related Servicer the amount of any Additional Balances relating to Mortgage Loans serviced by it as and when created during the related Collection Period; provided, that the aggregate amount so paid to the related Servicer in respect of Additional Balances at any time during any Collection Period shall not exceed the portion of Principal Collections theretofore received for such Collection Period; and
(vi) to clear and terminate the Distribution Account pursuant to Article VIII.
(c) Any amounts drawn under the Policy pursuant to Section 5.04(f) of this Agreement, but only to be used for the payment of the items specified in Sections 5.04(b)(iv) and (vi) of this Agreement, as applicable, will be deposited into the Distribution Account. The Indenture Trustee may invest, or cause to be invested, funds held Funds in the Distribution Account for the period from each Master Servicer Remittance Date to the related Distribution Date shall, if invested, be invested in Eligible Investments (selected by the Securities Administrator, which may be obligations of the Indenture Trustee). All such investments must be payable on demand or shall mature no not later than one Business Day prior to the next Payment Date, Distribution Date and any such Eligible Investment shall not be sold or disposed of prior to their its maturity. All such Eligible Investments will shall be made in the name of the Indenture Trustee (in its capacity as such) or its nomineetrust for the benefit of the Trustee and Holders of the Sequoia Mortgage Trust 2011-2 Certificates. All income and gain realized from any Eligible Investment in the Distribution Account shall be compensation to the Securities Administrator. The Securities Administrator shall deposit the amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee for deposit in the Distribution Account out of its own funds, without any right of reimbursement therefor, 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: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2011-2)
The Distribution Account. (a) The Indenture Trustee Paying Agent shall establish and maintain in the name on behalf of the Securities Intermediary an account (Certificateholders, the “Distribution Account”) entitled “Distribution Account, [_________[ ], as Indenture Trustee, in trust for the benefit Holders of the Holders of Structured Asset Securities Corporation Home Equity Loan HomeBanc Mortgage Trust 20[__]-[__] Home Equity Loan AssetMortgage Pass-Backed NotesThrough Certificates, Series 20[__]-[__[ ].” ”
(b) The Distribution Account shall be an Eligible Account. If the existing Distribution Account ceases to be an Eligible Account, the Indenture Trustee Paying Agent shall establish a new Distribution Account that is an Eligible Account within 10 Business Days [10] days and transfer all funds and investment property on deposit in such existing Distribution Account into such new Distribution Account. The Distribution Account shall relate solely to the Notes issued hereunder and funds in the Distribution Account shall be held separate and apart from and shall not be commingled with any other monies including, without limitation, other monies of the Indenture Trustee held under this Agreement.
(b) The Indenture Trustee shall deposit or cause to be deposited into the Distribution Account on the Business Day immediately following the day on which the Total Distribution Amount is remitted by the Master Servicer to the Indenture Trustee, all such amounts. The Indenture Trustee shall make withdrawals from the Distribution Account only for the following purposes:
(i) to make payment to itself of the Indenture Trustee Fee for such Payment Date and to reimburse itself for any expense reimbursable to it pursuant to Section 6.01;
(ii) to make payment to the Owner Trustee, the Owner Trustee Fee for such Payment Date, if any;
(iii) to withdraw amounts deposited in the Distribution Account in error;
(iv) to make distributions pursuant to this Article V and the terms of the Indenture;
(v) Prior to the last day of the Collection Period preceding the month in which the commencement of the Rapid Amortization Period occurs, to pay to the related Servicer the amount of any Additional Balances relating to Mortgage Loans serviced by it as and when created during the related Collection Period; provided, that the aggregate amount so paid to the related Servicer in respect of Additional Balances at any time during any Collection Period shall not exceed the portion of Principal Collections theretofore received for such Collection Period; and
(vi) to clear and terminate the Distribution Account pursuant to Article VIII.
(c) Any amounts drawn under [On each Master Servicer Remittance Date, the Policy Master Servicer shall remit to the Paying Agent the entire amount on deposit in the Collection Account (subject to permitted withdrawals set forth in Section 5.07).
(d) Upon receipt, the Paying Agent shall deposit the amount received from the Master Servicer pursuant to Section 5.04(fsubsection (c) of this Agreement, but only to be used for the payment of the items specified in Sections 5.04(b)(iv) and (vi) of this Agreement, as applicable, will be deposited Section 6.01 into the Distribution Account. The Indenture Trustee may invest, or cause to be invested, funds held .
(e) Funds in the Distribution Account may be invested by the Paying Agent in Eligible Investments (which may be obligations selected by and at the written direction of the Indenture Trustee). All such investments must be payable on demand or Master Servicer, which shall mature no not later than one Business Day prior to the next Payment Date, related Distribution Date and any such Eligible Investment shall not be sold or disposed of prior to their its maturity. All such Eligible Investments will shall be made in the name of the Indenture Trustee in trust for the benefit of the Certificateholders. All income and gain net of the Trustee Fee, the Custodian Fee and any losses realized from any such investment of funds on deposit in the Distribution Account shall be for the benefit of the Master Servicer and shall be subject to withdrawal by the Paying Agent for payment to the Master Servicer from time to time in accordance with subsection (in its capacity as suchf) or its nomineebelow and shall not be part of the Trust Fund. The amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee for deposit deposited in the Distribution Account by the Master Servicer out of its own funds, without any right of reimbursement therefor, immediately as realized.
(f) The Paying Agent shall withdraw funds from the Distribution Account for payments to Certificateholders and the Distribution Account in the manner specified in this Agreement. All income and gain realized from any such investment shall be compensation In addition, the Paying Agent may prior to making the Indenture Trustee and shall be subject payment pursuant to its withdrawal on order Section 6.02 from time to timetime make withdrawals from the Distribution Account for the following purposes:
(i) to the extent not reimbursed by the Master Servicer, to make payment to itself pursuant to any provision of the Operative Agreements;
(ii) to pay to the Master Servicer income earned on the investment of funds on deposit in the Distribution Account;
(iii) to pay to the Trustee and the Custodian, amounts required to be reimbursed to them in accordance with the provisions of the Operative Agreements;
(iv) to withdraw funds deposited in error in the Distribution Account; and
(v) to clear and terminate the Distribution Account pursuant to Article IX.]
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HMB Acceptance Corp.)
The Distribution Account. (a) The Indenture Trustee Paying Agent shall establish and maintain in the name on behalf of the Securities Intermediary an account (Certificateholders, the “Distribution Account”) entitled “Distribution Account, [_________[ ], as Indenture Trustee, in trust for the benefit Holders of the Holders of Structured Asset Securities Corporation Home Equity Loan TBW Mortgage Trust 20[__]-[__] Home Equity Loan AssetMortgage Pass-Backed NotesThrough Certificates, Series 20[__]-[__[ ].” ”
(b) The Distribution Account shall be an Eligible Account. If the existing Distribution Account ceases to be an Eligible Account, the Indenture Trustee Paying Agent shall establish a new Distribution Account that is an Eligible Account within 10 Business Days [10] days and transfer all funds and investment property on deposit in such existing Distribution Account into such new Distribution Account. The Distribution Account shall relate solely to the Notes issued hereunder and funds in the Distribution Account shall be held separate and apart from and shall not be commingled with any other monies including, without limitation, other monies of the Indenture Trustee held under this Agreement.
(b) The Indenture Trustee shall deposit or cause to be deposited into the Distribution Account on the Business Day immediately following the day on which the Total Distribution Amount is remitted by the Master Servicer to the Indenture Trustee, all such amounts. The Indenture Trustee shall make withdrawals from the Distribution Account only for the following purposes:
(i) to make payment to itself of the Indenture Trustee Fee for such Payment Date and to reimburse itself for any expense reimbursable to it pursuant to Section 6.01;
(ii) to make payment to the Owner Trustee, the Owner Trustee Fee for such Payment Date, if any;
(iii) to withdraw amounts deposited in the Distribution Account in error;
(iv) to make distributions pursuant to this Article V and the terms of the Indenture;
(v) Prior to the last day of the Collection Period preceding the month in which the commencement of the Rapid Amortization Period occurs, to pay to the related Servicer the amount of any Additional Balances relating to Mortgage Loans serviced by it as and when created during the related Collection Period; provided, that the aggregate amount so paid to the related Servicer in respect of Additional Balances at any time during any Collection Period shall not exceed the portion of Principal Collections theretofore received for such Collection Period; and
(vi) to clear and terminate the Distribution Account pursuant to Article VIII.
(c) Any amounts drawn under [On each Master Servicer Remittance Date, the Policy Master Servicer shall remit to the Paying Agent the entire amount on deposit in the Collection Account (subject to permitted withdrawals set forth in Section 5.07).
(d) Upon receipt, the Paying Agent shall deposit the amount received from the Master Servicer pursuant to Section 5.04(fsubsection (c) of this Agreement, but only to be used for the payment of the items specified in Sections 5.04(b)(iv) and (vi) of this Agreement, as applicable, will be deposited Section 6.01 into the Distribution Account. The Indenture Trustee may invest, or cause to be invested, funds held .
(e) Funds in the Distribution Account may be invested by the Paying Agent in Eligible Investments (which may be obligations selected by and at the written direction of the Indenture Trustee). All such investments must be payable on demand or Master Servicer, which shall mature no not later than one Business Day prior to the next Payment Date, related Distribution Date and any such Eligible Investment shall not be sold or disposed of prior to their its maturity. All such Eligible Investments will shall be made in the name of the Indenture Trustee in trust for the benefit of the Certificateholders. All income and gain net of the Trustee Fee, the Custodian Fee and any losses realized from any such investment of funds on deposit in the Distribution Account shall be for the benefit of the Master Servicer and shall be subject to withdrawal by the Paying Agent for payment to the Master Servicer from time to time in accordance with subsection (in its capacity as suchf) or its nomineebelow and shall not be part of the Trust Fund. The amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee for deposit deposited in the Distribution Account by the Master Servicer out of its own funds, without any right of reimbursement therefor, immediately as realized.
(f) The Paying Agent shall withdraw funds from the Distribution Account for payments to Certificateholders and the Distribution Account in the manner specified in this Agreement. All income and gain realized from any such investment shall be compensation In addition, the Paying Agent may prior to making the Indenture Trustee and shall be subject payment pursuant to its withdrawal on order Section 6.02 from time to timetime make withdrawals from the Distribution Account for the following purposes:
(i) to the extent not reimbursed by the Master Servicer, to make payment to itself pursuant to any provision of the Operative Agreements;
(ii) to pay to the Master Servicer income earned on the investment of funds on deposit in the Distribution Account;
(iii) to pay to the Trustee and the Custodian, amounts required to be reimbursed to them in accordance with the provisions of the Operative Agreements;
(iv) to withdraw funds deposited in error in the Distribution Account; and
(v) to clear and terminate the Distribution Account pursuant to Article IX.]
Appears in 1 contract
The Distribution Account. (a) The Indenture Trustee shall establish and maintain in the name of the Securities Intermediary an account (the “Distribution Account”) entitled “Distribution Account, [_________]LaSalle Bank National Association, as Indenture Trustee, in trust for the benefit of the Holders of Structured Asset Securities Xxxxxx ABS Corporation Home Equity Loan Trust 20[__]-[__] 2005-1 Home Equity Loan Asset-Backed Notes, Series 20[__]-[__]2005-1.” The Distribution Account shall be an Eligible Account. If the existing Distribution Account ceases to be an Eligible Account, the Indenture Trustee shall establish a new Distribution Account that is an Eligible Account within 10 Business Days and transfer all funds and investment property on deposit in such existing Distribution Account into such new Distribution Account. The Distribution Account shall relate solely to the Notes issued hereunder under the Indenture and funds in the Distribution Account shall be held separate and apart from and shall not be commingled with any other monies including, without limitation, other monies of the Indenture Trustee held under this Agreement.
(b) The Indenture Trustee shall deposit or cause to be deposited into the Distribution Account on the Business Day immediately following the day on which the Total Distribution Amount is remitted by the Master Servicer to the Indenture Trustee, all such amounts. The Indenture Trustee shall make withdrawals from the Distribution Account only for the following purposes:
(i) to make payment pay such amounts required to itself of the Indenture Trustee Fee for such Payment Date and to reimburse itself for any expense reimbursable to it paid pursuant to Section 6.015.03 of this Agreement;
(ii) to make payment to the Owner Trustee, the Owner Trustee Fee for such Payment Date, if any;
(iii) to withdraw amounts deposited in the Distribution Account in error;
(iv) to make distributions pursuant to this Article V and the terms of the Indenture;
(v) Prior to the last day of the Collection Period preceding the month in which the commencement of the Rapid Amortization Period occurs, to pay to the related Servicer the amount of any Additional Balances relating to Mortgage Loans serviced by it as and when created during the related Collection Period; provided, that the aggregate amount so paid to the related Servicer in respect of Additional Balances at any time during any Collection Period shall not exceed the portion of Principal Collections theretofore received for such Collection Period; and
(viiii) to clear and terminate the Distribution Account pursuant to Article VIII.
(cb) Any amounts drawn under the Policy pursuant to Section 5.04(f) of this Agreement, but only to be used for the payment of the items specified in Sections 5.04(b)(iv) and (vi) of this Agreement, as applicable, will be deposited into the Distribution Account. The Indenture Trustee may invest, or cause to be invested, funds held in the Distribution 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 Distribution Account out of its own funds, without any right of reimbursement therefor, 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)
The Distribution Account. (a) The Indenture Trustee shall establish and maintain in the name of the Securities Intermediary an account (the “Distribution Account”) entitled “Distribution Account, [_________], as Indenture Trustee, in trust for the benefit of the Holders of Structured Asset Securities Xxxxxx ABS Corporation Home Equity Loan Trust 20[__]-[__] Home Equity Loan Asset-Backed Notes, Series 20[__]-[__].” The Distribution Account shall be an Eligible Account. If the existing Distribution Account ceases to be an Eligible Account, the Indenture Trustee shall establish a new Distribution Account that is an Eligible Account within 10 Business Days and transfer all funds and investment property on deposit in such existing Distribution Account into such new Distribution Account. The Distribution Account shall relate solely to the Notes issued hereunder and funds in the Distribution Account shall be held separate and apart from and shall not be commingled with any other monies including, without limitation, other monies of the Indenture Trustee held under this Agreement.
(b) The Indenture Trustee shall deposit or cause to be deposited into the Distribution Account on the Business Day immediately following the day on which the Total Distribution Amount is remitted by the Master Servicer to the Indenture Trustee, all such amounts. The Indenture Trustee shall make withdrawals from the Distribution Account only for the following purposes:
(i) to make payment to itself of the Indenture Trustee Fee for such Payment Date and to reimburse itself for any expense reimbursable to it pursuant to Section 6.01;
(ii) to make payment to the Owner Trustee, the Owner Trustee Fee for such Payment Date, if any;
(iii) to withdraw amounts deposited in the Distribution Account in error;
(iv) to make distributions pursuant to this Article V and the terms of the Indenture;
(v) Prior to the last day of the Collection Period preceding the month in which the commencement of the Rapid Amortization Period occurs, to pay to the related Servicer the amount of any Additional Balances relating to Mortgage Loans serviced by it as and when created during the related Collection Period; provided, that the aggregate amount so paid to the related Servicer in respect of Additional Balances at any time during any Collection Period shall not exceed the portion of Principal Collections theretofore received for such Collection Period; and
(vi) to clear and terminate the Distribution Account pursuant to Article VIII.
(c) Any amounts drawn under the Policy pursuant to Section 5.04(f) of this Agreement, but only to be used for the payment of the items specified in Sections 5.04(b)(iv) and (vi) of this Agreement, as applicable, will be deposited into the Distribution Account. The Indenture Trustee may invest, or cause to be invested, funds held in the Distribution 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 Distribution Account out of its own funds, without any right of reimbursement therefor, 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
The Distribution Account. (a) The Indenture Trustee shall establish and maintain in the name of the Securities Intermediary an account (the “Distribution Account”) entitled “Distribution Account, [_________], as Indenture Trustee, in trust for the benefit of the Holders of Structured Asset Xxxxxxxxx Mortgage Securities Corporation Home Equity Loan Trust 20[__]-[__[ ] Home Equity Loan Asset-Backed Notes, Series 20[__]-[__].” The Distribution Account shall be an Eligible Account. If the existing Distribution Account ceases to be an Eligible Account, the Indenture Trustee shall establish a new Distribution Account that is an Eligible Account within 10 Business Days and transfer all funds and investment property on deposit in such existing Distribution Account into such new Distribution Account. The Distribution Account shall relate solely to the Notes issued hereunder and funds in the Distribution Account shall be held separate and apart from and shall not be commingled with any other monies including, without limitation, other monies of the Indenture Trustee held under this Agreement.
(b) The Indenture Trustee shall deposit or cause to be deposited into the Distribution Account on the Business Day immediately following the day on which the Total Distribution Amount is remitted by the Master Servicer to the Indenture Trustee, all such amounts. The Indenture Trustee shall make withdrawals from the Distribution Account only for the following purposes:
(i) to make payment to itself of the Indenture Trustee Fee for such Payment Date and to reimburse itself for any expense reimbursable to it pursuant to Section 6.01;
(ii) to make payment to the Owner Trustee, the Owner Trustee Fee for such Payment Date, if any;
(iii) to withdraw amounts deposited in the Distribution Account in error;
(iv) to make distributions pursuant to this Article V and the terms of the Indenture;
(v) Prior to the last day of the Collection Period preceding the month in which the commencement of the Rapid Amortization Period occurs, to pay to the related Servicer the amount of any Additional Balances relating to Mortgage Loans serviced by it as and when created during the related Collection Period; provided, that the aggregate amount so paid to the related Servicer in respect of Additional Balances at any time during any Collection Period shall not exceed the portion of Principal Collections theretofore received for such Collection Period; and
(vi) to clear and terminate the Distribution Account pursuant to Article VIII.
(c) Any amounts drawn under the Policy pursuant to Section 5.04(f) of this Agreement, but only to be used for the payment of the items specified in Sections 5.04(b)(iv) and (vi) of this Agreement, as applicable, will be deposited into the Distribution Account. The Indenture Trustee may invest, or cause to be invested, funds held in the Distribution 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 Distribution Account out of its own funds, without any right of reimbursement therefor, 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 (Thornburg Mortgage Securities Corp)