Common use of The Final Maturity Reserve Trust Clause in Contracts

The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities Administrator, in trust, for the benefit of the holders of the Certificates (other than the Class P, Class ES and Class R Certificates). The Securities Administrator shall establish an account (the “Final Maturity Reserve Account”). The Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator will only establish the Final Maturity Reserve Account if there is any Group 1 Final Maturity Reserve Amount or Group 2 Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator shall deposit into the Final Maturity Reserve Account any Final Maturity Reserve Amounts pursuant to Section 5.01(a)(i)(A) and (B). The Securities Administrator shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C Certificates. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g). The Class C Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Class C Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in the Wxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested. (d) Upon termination of the Final Maturity Reserve Trust, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g). (e) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C Certificateholder and as having received the amount of the principal payment from the Class C Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Principal Balance of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account shall be accounted for hereunder in accordance with this Section 5.09(e).

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (HarborView 2007-6), Pooling and Servicing Agreement (HarborView 2007-4), Pooling and Servicing Agreement (HarborView 2007-6)

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The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities AdministratorTrustee, in trust, for the benefit of the holders of the Certificates (other than the Class P, Class ES P and Class R Certificates)) and the Certificate Insurer. The Securities Administrator Trustee shall establish an account (the “Final Maturity Reserve Account”). The Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator Trustee held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator Trustee will only establish the Final Maturity Reserve Account if there is any Group 1 Final Maturity Reserve Amount or Group 2 Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator Trustee shall deposit into the Final Maturity Reserve Account any Final Maturity Reserve Amounts pursuant to Section 5.01(a)(i)(A) and (B). The Securities Administrator Trustee shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C Certificates. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g). The Class C Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities AdministratorTrustee, in writing, as to investment of amounts on deposit therein. The Class C Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in the Wxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested. (d) Upon termination of the Final Maturity Reserve Trust, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g). (e) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C Certificateholder and as having received the amount of the principal payment from the Class C Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Principal Balance of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account shall be accounted for hereunder in accordance with this Section 5.09(e).

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (HarborView 2006-12), Pooling and Servicing Agreement (HarborView 2007-1)

The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities Administrator, in trust, for the benefit of the holders of the Certificates (other than the Class P, Class ES and Class R Certificates). The Securities Administrator shall establish an account two separate accounts (the “Pool 1 Final Maturity Reserve Account” and the “Pool 2 Final Maturity Reserve Account”, each a “Final Maturity Reserve Account”). The Each Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator will only establish the Final Maturity Reserve Account if there is any Group 1 Final Maturity Reserve Amount or Group 2 Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator shall deposit into the Final Maturity Reserve Account Trust any Pool 1 or Pool 2 Final Maturity Reserve Amounts pursuant to Section 5.01(a)(i)(ASections 4.01(a)(1)(ii) and (B4.01(b)(1)(ii). The Securities Administrator shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g5.01(j). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C CertificatesInvestments. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g5.01(j). The Class C Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Class C Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in the Wxxxx Xxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested. (d) Upon termination of the Final Maturity Reserve Trust, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g5.01(j). (e) It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Final Maturity Reserve Trust be disregarded as an entity separate from the holder of the Class C Certificates unless and until the date when either (a) there is more than one Class C Certificateholder or (b) any Class of Certificates in addition to the Class C Certificates is recharacterized as an equity interest in the Final Maturity Reserve Trust for federal income tax purposes. Neither the Securities Administrator nor the Trustee shall be responsible for any entity level tax reporting for the Final Maturity Reserve Trust. (f) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C Certificateholder and as having received the amount of the principal payment from the Class C Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Certificate Principal Balance of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account Trust shall be accounted for hereunder in accordance with this Section 5.09(e5.11(f).

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Jpmac 2006-Cw2), Pooling and Servicing Agreement (Jpmac 2006-Cw2)

The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities Administrator, in trust, for the benefit of the holders of the Certificates (other than the Class P, Class ES and Class R A-X Certificates). The Securities Administrator shall establish an account (the “Final Maturity Reserve Account”). The Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator will only establish the Final Maturity Reserve Account if there is any Group 1 Final Maturity Reserve Amount or Group 2 Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator shall deposit into the Final Maturity Reserve Account Trust any Final Maturity Reserve Amounts pursuant to Section Sections 5.01(a)(i)(A), 5.01(a)(ii)(A) and (B5.01(a)(iii)(A). The Securities Administrator shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g5.01(j). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C CertificatesInvestments. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g5.01(j). The Class C I Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Class C I Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C I Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in the Wxxxx Xxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested. (d) Upon termination of the Final Maturity Reserve Trust, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g5.01(j). (e) It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Final Maturity Reserve Trust be disregarded as an entity separate from the holder of the Class I Certificates unless and until the date when either (a) there is more than one Class I Certificateholder or (b) any Class of Certificates in addition to the Class I Certificates is recharacterized as an equity interest in the Final Maturity Reserve Trust for federal income tax purposes. Neither the Securities Administrator nor the Trustee shall be responsible for any entity level tax reporting for the Final Maturity Reserve Trust. (f) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C I Certificateholder and as having received the amount of the principal payment from the Class C I Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Certificate Principal Balance of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account Trust shall be accounted for hereunder in accordance with this Section 5.09(e5.11(f).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-3)

The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities Administrator, in trust, for the benefit of the holders of the Certificates (other than the Class P, Class ES ES, Class R and Class LT-R Certificates). The Securities Administrator shall establish an account (the “Final Maturity Reserve Account”). The Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator will only establish the Final Maturity Reserve Account if there is any Group 1 Final Maturity Reserve Amount or Group 2 Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator shall deposit into the Final Maturity Reserve Account any Final Maturity Reserve Amounts pursuant to Section 5.01(a)(i)(A) and (B). The Securities Administrator shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C Certificates. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g). The Class C Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Class C Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in the Wxxxx Xxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested. (d) Upon termination of the Final Maturity Reserve Trust, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g). (e) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C Certificateholder and as having received the amount of the principal payment from the Class C Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Principal Balance of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account shall be accounted for hereunder in accordance with this Section 5.09(e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HarborView 2007-7)

The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities Administrator, in trust, for the benefit of the holders of the Certificates (other than the Class P, Class ES and Class R P Certificates). The Securities Administrator shall establish an account (the “Final Maturity Reserve Account”). The Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator will only establish the Final Maturity Reserve Account if there is any Group 1 Final Maturity Reserve Amount or Group 2 Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator shall deposit into the Final Maturity Reserve Account Trust any Final Maturity Reserve Amounts pursuant to Section 5.01(a)(i)(A) and (B5.01(a)(1)(i)(A). The Securities Administrator shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C Certificates. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g). The Class C Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Class C Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in the Wxxxx Xxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested. (d) Upon termination of the Final Maturity Reserve Trust, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g). (e) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C Certificateholder and as having received the amount of the principal payment from the Class C Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Principal Balance of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account Trust shall be accounted for hereunder in accordance with this Section 5.09(e5.09(f).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Harborview 2006-7)

The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities Administrator, in trust, for the benefit of the holders of the Certificates (other than the Class P, Class ES P and Class R Certificates)) and the Certificate Insurer. The Securities Administrator shall establish an account (the “Final Maturity Reserve Account”). The Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator will only establish the Final Maturity Reserve Account if there is any Group 1 I Final Maturity Reserve Amount or Group 2 II Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator shall deposit into the Final Maturity Reserve Account any Final Maturity Reserve Amounts pursuant to Section 5.01(a)(i)(A) and (B5.01(a)(1)(i)(A). The Securities Administrator shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C Certificates. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g). The Class C Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Class C Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in the Wxxxx Xxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested. (d) Upon termination of the Final Maturity Reserve Trust, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g). (e) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C Certificateholder and as having received the amount of the principal payment from the Class C Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Principal Balance of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account shall be accounted for hereunder in accordance with this Section 5.09(e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Dsla 2007-Ar1)

The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities AdministratorTrustee, in trust, for the benefit of the holders of the Certificates (other than the Class ES, Class P, Class ES and Class R Certificates). The Securities Administrator Trustee shall establish an account (the “Final Maturity Reserve Account”). The Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator Trustee held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator will only establish the Final Maturity Reserve Account if there is any Group 1 Final Maturity Reserve Amount or Group 2 Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator Trustee shall deposit into the Final Maturity Reserve Account any Final Maturity Reserve Amounts pursuant to Section 5.01(a)(i)(A) and (B). The Securities Administrator Trustee shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g5.01(e). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C Certificates. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g5.01(e). The Class C Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities AdministratorTrustee, in writing, as to investment of amounts on deposit therein. The Class C Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in money market funds as specified by the Wxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested.Depositor and as described in clause (vi) of the definition of Permitted Investments in Article I. (d) Upon termination of the Final Maturity Reserve Trust, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g5.01(e). (e) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C Certificateholder and as having received the amount of the principal payment from the Class C Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Principal Balance of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account shall be accounted for hereunder in accordance with this Section 5.09(e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HarborView 2006-Sb1)

The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities Administrator, in trust, for the benefit of the holders of the Certificates (other than the Class P, Class ES and Class R Certificates). The Securities Administrator shall establish an account (the “Final Maturity Reserve Account”). The Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator will only establish the Final Maturity Reserve Account if there is any Group 1 Final Maturity Reserve Amount or Group 2 Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator shall deposit into the Final Maturity Reserve Account any Final Maturity Reserve Amounts pursuant to Section 5.01(a)(i)(A) and (B). The Securities Administrator shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C Certificates. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g). The Class C Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Class C Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in the Wxxxx Xxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested. (d) Upon termination of the Final Maturity Reserve Trust, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g). (e) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C Certificateholder and as having received the amount of the principal payment from the Class C Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Principal Balance of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account shall be accounted for hereunder in accordance with this Section 5.09(e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HarborView 2007-7)

The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities Administrator, in trust, for the benefit of the holders of the Certificates (other than the Class PX, Class ES and Class R Certificates). The Securities Administrator shall establish an account (the “Final Maturity Reserve Account”). The Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator will only establish the Final Maturity Reserve Account if there is any Group 1 Final Maturity Reserve Amount or Group 2 Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator shall deposit into the Final Maturity Reserve Account Trust any Final Maturity Reserve Amounts pursuant to Section Sections 5.01(a)(i)(A) and (B). The Securities Administrator shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g5.01(j). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C CertificatesInvestments. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g5.01(j). The Class C I Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Class C I Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C I Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in the Wxxxx Xxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested. (d) Upon termination of the Final Maturity Reserve TrustTrust Fund, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g5.01(j). (e) It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Final Maturity Reserve Trust be disregarded as an entity separate from the holder of the Class I Certificates unless and until the date when either (a) there is more than one Class I Certificateholder or (b) any Class of Certificates in addition to the Class I Certificates is recharacterized as an equity interest in the Final Maturity Reserve Trust for federal income tax purposes. Neither the Securities Administrator nor the Trustee shall be responsible for any entity level tax reporting for the Final Maturity Reserve Trust. (f) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C I Certificateholder and as having received the amount of the principal payment from the Class C I Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Certificate Principal Balance of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account Trust shall be accounted for hereunder in accordance with this Section 5.09(e5.09(f).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Luminent 2006-5)

The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities Administrator, in trust, for the benefit of the holders of the Certificates (other than the Class P, Class ES A3 and Class R A-X Certificates). The Securities Administrator shall establish an account (the “Final Maturity Reserve Account”), into which the Seller shall initially deposit $1,000. The Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator will only establish the Final Maturity Reserve Account if there is any Group 1 Final Maturity Reserve Amount or Group 2 Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator shall deposit into the Final Maturity Reserve Account Trust any Final Maturity Reserve Amounts Amount pursuant to Section 5.01(a)(i)(A) and (BSections 5.02(a)(i). The Securities Administrator shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g5.02(g). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C CertificatesEligible Investments. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g5.02(g). The Class C I Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Class C I Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C I Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in the Wxxxx Fargo Advantage Prime Investment Money Market First American Government Obligations Fund or comparable investment vehicle, or remain uninvested. (d) Upon termination of the Final Maturity Reserve Trust, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g5.02(g). (e) It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Final Maturity Reserve Trust be disregarded as an entity separate from the holder of the Class I Certificates unless and until the date when either (a) there is more than one Class I Certificateholder or (b) any Class of Certificates in addition to the Class I Certificates is recharacterized as an equity interest in the Final Maturity Reserve Trust for federal income tax purposes. Neither the Securities Administrator nor the Trustee shall be responsible for any entity level tax reporting for the Final Maturity Reserve Trust. (f) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C I Certificateholder and as having received the amount of the principal payment from the Class C I Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Certificate Principal Balance Amount of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account Trust shall be accounted for hereunder in accordance with this Section 5.09(e5.12(f).

Appears in 1 contract

Samples: Trust Agreement (Thornburg Mortgage Securities Trust 2005-3)

The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities Administrator, in trust, for the benefit of the holders of the Certificates (other than the Class P, Class ES A-3 and Class R A-X Certificates). The Securities Administrator shall establish an account (the “Final Maturity Reserve Account”). The Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator will only establish the Final Maturity Reserve Account if there is any Group 1 Final Maturity Reserve Amount or Group 2 Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator shall deposit into the Final Maturity Reserve Account Trust any Final Maturity Reserve Amounts pursuant to Section 5.01(a)(i)(ASections 5.01(a)(i)(B) and (B5.01(a)(ii)(B). The Securities Administrator shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g5.01(j). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C CertificatesInvestments. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g5.01(j). The Class C I Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Class C I Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C I Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in the Wxxxx Xxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested. (d) Upon termination of the Final Maturity Reserve Trust, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g5.01(j). (e) It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Final Maturity Reserve Trust be disregarded as an entity separate from the holder of the Class I Certificates unless and until the date when either (a) there is more than one Class I Certificateholder or (b) any Class of Certificates in addition to the Class I Certificates is recharacterized as an equity interest in the Final Maturity Reserve Trust for federal income tax purposes. Neither the Securities Administrator nor the Trustee shall be responsible for any entity level tax reporting for the Final Maturity Reserve Trust. (f) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C I Certificateholder and as having received the amount of the principal payment from the Class C I Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Certificate Principal Balance of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account Trust shall be accounted for hereunder in accordance with this Section 5.09(e5.11(f).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1)

The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities Administrator, in trust, for the benefit of the holders of the Certificates (other than the Class PA-4, Class ES A-4X and Class R A-X Certificates). The Securities Administrator shall establish an account (the “Final Maturity Reserve Account”), into which the Seller shall initially deposit $1,000. The Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator will only establish the Final Maturity Reserve Account if there is any Group 1 Final Maturity Reserve Amount or Group 2 Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator shall deposit into the Final Maturity Reserve Account Trust any Final Maturity Reserve Amounts Amount pursuant to Section 5.01(a)(i)(A) and (BSections 6.01(a)(i). The Securities Administrator shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g6.01(b). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C CertificatesInvestments. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g6.01(b). The Class C I Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Class C I Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C I Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in the Wxxxx Xxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested. (d) Upon termination of the Final Maturity Reserve Trust, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g6.01(b). (e) It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Final Maturity Reserve Trust be disregarded as an entity separate from the holder of the Class I Certificates unless and until the date when either (a) there is more than one Class I Certificateholder or (b) any Class of Certificates in addition to the Class I Certificates is recharacterized as an equity interest in the Final Maturity Reserve Trust for federal income tax purposes. Neither the Securities Administrator nor the Trustee shall be responsible for any entity level tax reporting for the Final Maturity Reserve Trust. (f) For federal Federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C I Certificateholder and as having received the amount of the principal payment from the Class C I Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Current Principal Balance Amount of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account Trust shall be accounted for hereunder in accordance with this Section 5.09(e4.06(f).

Appears in 1 contract

Samples: Trust, Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2005-4)

The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities Administrator and entitled “Final Maturity Reserve Trust, Xxxxx Fargo Bank, N.A., as Securities Administrator, on behalf of Deutsche Bank National Trust Company, as Trustee, in trust, trust for the benefit registered Holders of the holders of the Certificates (other than the Class PDSLA Mortgage Loan Trust, Class ES and Class R Mortgage Loan Pass-Through Certificates). , Series 2006-AR2.” The Securities Administrator shall establish an account (the “Final Maturity Reserve Account”). The Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator will only establish the Final Maturity Reserve Account if there is any Group 1 Final Maturity Reserve Amount or Group 2 Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator shall deposit into the Final Maturity Reserve Account any Final Maturity Reserve Amounts pursuant to Section 5.01(a)(i)(A) and (B5.01(a)(1)(i)(A). The Securities Administrator shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C Certificates. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g). The Class C Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Class C Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in the Wxxxx Xxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested. (d) Upon termination of the Final Maturity Reserve Trust, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g). (e) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C Certificateholder and as having received the amount of the principal payment from the Class C Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Principal Balance of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account shall be accounted for hereunder in accordance with this Section 5.09(e5.09(f).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Dsla 2006-Ar2)

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The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities Administrator, in trust, for the benefit of the holders of the Certificates (other than the Class PES, Class ES P and Class R Certificates)) and the Certificate Insurer. The Securities Administrator shall establish an account (the “Final Maturity Reserve Account”). The Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator will only establish the Final Maturity Reserve Account if there is any Group 1 I Final Maturity Reserve Amount or Group 2 II Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator shall deposit into the Final Maturity Reserve Account any Final Maturity Reserve Amounts pursuant to Section 5.01(a)(i)(A) and (B5.01(a)(1)(i)(A). The Securities Administrator shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C Certificates. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g). The Class C Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Class C Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in the Wxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested. (d) Upon termination of the Final Maturity Reserve Trust, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g). (e) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C Certificateholder and as having received the amount of the principal payment from the Class C Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Principal Balance of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account shall be accounted for hereunder in accordance with this Section 5.09(e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HarborView 2006-14)

The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities AdministratorTrustee, in trust, for the benefit of the holders of the Certificates (other than the Class PES, Class ES P and Class R Certificates). The Securities Administrator Trustee shall establish an account (the “Final Maturity Reserve Account”). The Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator Trustee held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator Trustee will only establish the Final Maturity Reserve Account if there is any Group 1 Final Maturity Reserve Amount or Group 2 Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator Trustee shall deposit into the Final Maturity Reserve Account any Final Maturity Reserve Amounts pursuant to Section 5.01(a)(i)(A) and (B). The Securities Administrator Trustee shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C Certificates. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g). The Class C Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities AdministratorTrustee, in writing, as to investment of amounts on deposit therein. The Class C Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in the Wxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested. (d) Upon termination of the Final Maturity Reserve Trust, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g). (e) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C Certificateholder and as having received the amount of the principal payment from the Class C Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Principal Balance of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account shall be accounted for hereunder in accordance with this Section 5.09(e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HarborView 2007-3)

The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities AdministratorTrustee, in trust, for the benefit of the holders of the Certificates (other than the Class P, Class ES P Certificates) and Class R Certificates)the Certificate Insurer. The Securities Administrator Trustee shall establish an account (the “Final Maturity Reserve Account”). The Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator Trustee held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator will only establish the Final Maturity Reserve Account if there is any Group 1 Final Maturity Reserve Amount or Group 2 Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator Trustee shall deposit into the Final Maturity Reserve Account any Final Maturity Reserve Amounts pursuant to Section 5.01(a)(i)(A) and (B). The Securities Administrator Trustee shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C Certificates. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g). The Class C Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities AdministratorTrustee, in writing, as to investment of amounts on deposit therein. The Class C Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in money market funds as specified by the Wxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested.Depositor and as described in clause (vi) of the definition of Permitted Investments in Article I. (d) Upon termination of the Final Maturity Reserve Trust, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g). (e) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C Certificateholder and as having received the amount of the principal payment from the Class C Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Principal Balance of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account shall be accounted for hereunder in accordance with this Section 5.09(e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Harborview 2006-9)

The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities Administrator, in trust, for the benefit of the holders of the Certificates (other than the Class P, Class ES and Class R P Certificates). The Securities Administrator shall establish an account (the “Final Maturity Reserve Account”). The Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator will only establish the Final Maturity Reserve Account if there is any Group 1 Final Maturity Reserve Amount or Group 2 Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator shall deposit into the Final Maturity Reserve Account any Final Maturity Reserve Amounts pursuant to Section 5.01(a)(i)(A) and (B5.01(a)(1)(i)(A). The Securities Administrator shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C Certificates. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g). The Class C Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Class C Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in the Wxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested. (d) Upon termination of the Final Maturity Reserve Trust, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g). (e) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C Certificateholder and as having received the amount of the principal payment from the Class C Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Principal Balance of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account shall be accounted for hereunder in accordance with this Section 5.09(e5.09(f).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Harborview 2006-8)

The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities Administrator, in trust, for the benefit of the holders of the Certificates (other than the Class P, Class ES A-X-1 and Class R A-X-2 Certificates). The Securities Administrator shall establish an account (the “Final Maturity Reserve Account”). The Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator will only establish the Final Maturity Reserve Account if there is any Group 1 Final Maturity Reserve Amount or Group 2 Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator shall deposit into the Final Maturity Reserve Account Trust any Final Maturity Reserve Amounts pursuant to Section Sections 5.01(a)(i)(A) and (B5.01(a)(ii)(A). The Securities Administrator shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g5.01(j). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C CertificatesInvestments. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g5.01(j). The Class C I Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Class C I Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C I Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in the Wxxxx Xxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested. (d) Upon termination of the Final Maturity Reserve Trust, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g5.01(j). (e) It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Final Maturity Reserve Trust be disregarded as an entity separate from the holder of the Class I Certificates unless and until the date when either (a) there is more than one Class I Certificateholder or (b) any Class of Certificates in addition to the Class I Certificates is recharacterized as an equity interest in the Final Maturity Reserve Trust for federal income tax purposes. Neither the Securities Administrator nor the Trustee shall be responsible for any entity level tax reporting for the Final Maturity Reserve Trust. (f) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C I Certificateholder and as having received the amount of the principal payment from the Class C I Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Certificate Principal Balance of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account Trust shall be accounted for hereunder in accordance with this Section 5.09(e5.11(f).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg 2006-2)

The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities Administrator, in trust, for the benefit of the holders of the Certificates (other than the Class P, Class ES and Class R X Certificates). The Securities Administrator shall establish an account (the “Final Maturity Reserve Account”). The Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator will only establish the Final Maturity Reserve Account if there is any Group 1 Final Maturity Reserve Amount or Group 2 Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator shall deposit into the Final Maturity Reserve Account Trust any Final Maturity Reserve Amounts pursuant to Section 5.01(a)(i)(A) and (B). The Securities Administrator shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g5.01(j). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C CertificatesInvestments. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g5.01(j). The Class C I Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Class C I Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C I Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in the Wxxxx Xxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested. (d) Upon termination of the Final Maturity Reserve Trust, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g5.01(j). (e) It is the intention of the parties hereto that, for federal and state income and state and local franchise tax purposes, the Final Maturity Reserve Trust be disregarded as an entity separate from the holder of the Class I Certificates unless and until the date when either (a) there is more than one Class I Certificateholder or (b) any Class of Certificates in addition to the Class I Certificates is recharacterized as an equity interest in the Final Maturity Reserve Trust for federal income tax purposes. Neither the Securities Administrator nor the Trustee shall be responsible for any entity level tax reporting for the Final Maturity Reserve Trust. (f) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C I Certificateholder and as having received the amount of the principal payment from the Class C I Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Principal Balance of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account Trust shall be accounted for hereunder in accordance with this Section 5.09(e5.11(f).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Zuni 2006-Oa1)

The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities AdministratorTrustee, in trust, for the benefit of the holders of the Certificates (other than the Class PES, Class ES P and Class R Certificates)) and the Certificate Insurer. The Securities Administrator Trustee shall establish an account (the “Final Maturity Reserve Account”). The Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator Trustee held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator Trustee will only establish the Final Maturity Reserve Account if there is any Group 1 Final Maturity Reserve Amount or Group 2 Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator Trustee shall deposit into the Final Maturity Reserve Account any Final Maturity Reserve Amounts pursuant to Section 5.01(a)(i)(A) and (B). The Securities Administrator Trustee shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C Certificates. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g). The Class C Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities AdministratorTrustee, in writing, as to investment of amounts on deposit therein. The Class C Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in the Wxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested. (d) Upon termination of the Final Maturity Reserve Trust, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g). (e) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C Certificateholder and as having received the amount of the principal payment from the Class C Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Principal Balance of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account shall be accounted for hereunder in accordance with this Section 5.09(e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HarborView 2006-10)

The Final Maturity Reserve Trust. (a) The Final Maturity Reserve Trust is hereby established as a separate trust, the corpus of which shall be held by the Securities Administrator, in trust, for the benefit of the holders of the Certificates (other than the Class P, Class ES R and Class LT-R Certificates)) and the Certificate Insurer. The Securities Administrator shall establish an account (the “Final Maturity Reserve Account”). The Final Maturity Reserve Account shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator held pursuant to this Agreement. Notwithstanding anything herein to the contrary, the Securities Administrator will only establish the Final Maturity Reserve Account if there is any Group 1 I Final Maturity Reserve Amount or Group 2 II Final Maturity Reserve Amount to be deposited therein. (b) The Securities Administrator shall deposit into the Final Maturity Reserve Account any Final Maturity Reserve Amounts pursuant to Section 5.01(a)(i)(A) and (B5.01(a)(1)(i)(A). The Securities Administrator shall distribute the funds in the Final Maturity Reserve Account pursuant to Section 5.01(g). (c) Funds in the Final Maturity Reserve Account shall be invested in Permitted Investments at the written direction of the Holders of the Class C Certificates. Any earnings on such amounts shall be distributed pursuant to Section 5.01(g). The Class C Certificates shall evidence ownership of the Final Maturity Reserve Trust for federal income tax purposes and the Holder thereof shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Class C Certificateholders shall be liable for any losses incurred on such investments. In the absence of written instructions from the Class C Certificateholders as to investment of funds on deposit in the Final Maturity Reserve Account, such funds shall be invested in the Wxxxx Xxxxx Fargo Advantage Prime Investment Money Market Fund or comparable investment vehicle, or remain uninvested. (d) Upon termination of the Final Maturity Reserve Trust, any amounts remaining in the Final Maturity Reserve Account shall be distributed pursuant to the priorities in Section 5.01(g). (e) For federal income tax purposes, any Certificateholder that receives a principal payment from the Final Maturity Reserve Trust shall be treated as selling a portion of its Certificate to the Class C Certificateholder and as having received the amount of the principal payment from the Class C Certificateholder as the proceeds of the sale. The portion of the Certificate that is treated as having been sold shall equal the amount of the corresponding reduction in the Class Principal Balance of such Certificate. Principal payments received from the Final Maturity Reserve Trust shall not be treated as distributions from any REMIC created hereby. All principal distributions from the Final Maturity Reserve Account shall be accounted for hereunder in accordance with this Section 5.09(e).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HarborView 2007-2)

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